on our broadcast tonight, will it work? the dicey rescue effort in chile that can't be hurried and the tense waiting begins underground and on the surface. ten years later, an american family still seeking justice after an attack on this country and the loss of their family. a gruesome twist in the investigation into the american jet skier whose wife says he was murdered in mexican waters. and making a difference. twin sisters proving there's no such thing as too many cooks in their kitchen. "nightly news" begins now. captions paid for by nbc-universal television

good evening. they survived the collapse trapped them undergrounds and they survived for more that two months underground and now comes the hard part for the 33 men trapped way underground in chile. they have to hold on. and everything has to go correctly now in this rescue effort about to get under way. if all goes according to plan, each man, one at a time, will get into this cylinder and they'll make the slow journey to the surface. while the drilling to get them has been frantic and the plans to get them out meticulous, now comes the dicey and nerve-wracking hours of this rescue effort. that's where we begin tonight. nbc's kerry sanders and natalie morales are at the scene. kerry, we'll begin with you. >> reporter: the rescue of these 33 miners that once seemed impossible is now at hand. in just a short period of time,

the men will make their way to the surface, unknown men, who will be greeted as heroes. the road to the mine is now closed, barricades are up. medevac choppers have finished rehearsing their runs to the hospital. and up at the entrance to the escape shaft, the cement where the men will climb out is now dry. again, today, the escape capsule is being tested and so far engineers say every test shows it works without a passenger. now to rescue the 33 miners. >> we are going to start doing this test. first with an empty cage. later, with the first rescue. we'll go down a couple of times with him. and take some measures and then this guy will set down and he will help the first miners to go up. >> reporter: the extraction involves more than 1,000 experts with technologies from more than a dozen nations. the capsule has a live camera pointed towards the miner with a

dim light overhead and behind them, a monitor displays their heart rate, skin temperature and respiration. a radio so the miners can talk to the surface. they will wear these custom-made suits with special socks like a fighter pilot, all designed to keep their blood circulating and they'll strap on a mask, delivering a oxygen-rich flow of air. >> is there anything left to plan? >> i don't think so. i had to repeat the extraction process, it's a risky time. >> reporter: while the exit order remains a secret and the list could still change, nbc news learned first up will be the 31-year-old florenzio avalos. and last up, a 54-year-old luis urzua. the leader credited with making a two day ration of food last for all the men for the first 17 days.

and like the captain of the ship, the last to leave. child's president is here and he's seen where the men will surface. all that's left now is to begin the rescues. kerry sanders, nbc news, from chile. >> reporter: i'm natalie morales, at camp hope, the families anxiously await the rescue of their loved ones. this woman read the love letters sent by her husband many times over the last two months. he wrote then, i haven't stopped thinking about all of you for a single moment. it was the first letter to be sent up from the miners giving all of chile and the world hope that there would be a happy ending. finally, this nightmare will be over, she says. elizabeth also can't wait to see her love. she brings the greatest gift of all, his month-old daughter. or, hope, who he will meet for the very first time. the whole family is here.

we're just hours away from him being born again, says his sister. it is scarlet's 11th birthday and there will be no greater gift, she says, than seeing her grandfather again. many of the women spend the last few hours getting ready, having their hair done. putting on their makeup. the world has joined in their vigil, watching and waiting, now 2,000 journalists from 200 nations who vastly outnumber the miners' families. the circus-like atmosphere all building up to a grand finale. the safe return of all 33. they are all already national heroes and international celebrities. their lives will be forever changed. ♪ meanwhile, the celebrations have already begun. the families faith, stronger than ever. i think god sent these 33 to send a message to the world, a message of unity, she says. and after an excruciating 69 days, it appears finally, their

prayers could soon be answered. and amazingly, in another show of their solidarity here, the miners are reportedly saying that they don't want to leave the rescue area upon surfacing until every last one of them is out, but officials here are saying that they simply cannot accommodate that request because this is a rescue operation that could take simply too much time, up to 48 hours, brian. >> so natalie morales and kerry sanders we'll be back with developments over the hours and days ahead. thanks for your reporting. late news today in this country. there's been a major defeat for the military's "don't ask don't tell" policy. a federal judge in california has blocked enforcement of the law nationwide, ordering the federal government to stop discharging gay and lesbian members of the services so, is this the end of this policy? our justice correspondent, pete williams, has more in our washington newsroom. pete, good evening.

>> reporter: brian, this stops the policy in its tracks because the judge ordered its enforcement block not just in california, where this lawsuit was filed, but throughout the entire country. this is the same judge who just, a month ago, ruled the policy is unconstitutional. interfering with the private lives of service members, at the same time, the judge said it does nothing to help the mission of the armed forces. in her ruling today, judge virginia phillips of california, said the policy's rules quote, actually serve to impede military readiness and unit cohesion rather than further these goals. the judge today ordered the military to immediately suspend any investigations of service members for violating the policy and stop any proceedings now under way to throw them out of the military. so, this puts the obama administration in a bind. the president has urged congress to do away with "don't ask don't tell." now his justice department will have to decide whether to keep the policy alive by appealing today's ruling. but tonight, a pentagon official tells my colleague that as a

practical matter the military may simply give up on any further attempts to enforce "don't ask don't tell" brian. >> pete, thanks. the white house today lifted the ban on deep water drilling for oil and gas saying its confident that new rules will prevent another disaster like the bp oil rig explosion in the gulf of mexico off louisiana. our own anne thompson who covered the spill for five months tells us in the end, only five deep-water rigs actually pulled up stakes and left the gulf as a result of the ban. the company is there and new ones will have to show they are prepared for catastrophic oil spills and that their rigs have been inspected. a lot of environmental advocates say the new rules don't do enough or place the bar high enough on the companies. with election day three weeks away, this may add to the rich get richer outrage that's across the country. we learned today that wall

street pay is expected to break an all-time record for the second year in a row. according to a study by the "wall street journal," compensation at wall street firms and hedge funds is expected to total $144 billion this year. that's up 4% over last year. in a separate survey, 50% of wall street employees said they expect to receive a higher bonus this year than they did last year. ten years ago today, al qaeda terrorists blew a hole in the side of the u.s. navy destroyer cole while it was refueling at a port in yemen and 17 sailors were killed. survivors of the attack, relatives of those who died gathered today at the cole's home port of norfolk, virginia, to mark the anniversary. for many of those gathered there today, there are feelings of anger and bitterness over how the incident was handled and how many of those responsible were allowed to get away. our report tonight from nbc news

investigative correspondent. >> reporter: october 12th, 2000, the uss cole, attacked while refuelling in yemen, a small boat pulls alongside. explosives detonate ripping a 60 x 40 foot hole in the hull. 17 u.s. sailors killed and 39 injured. a direct attack on the u.s. by al qaeda. kirk, the cole's commander then, saw the bodies trapped in the wreckage. >> this is an act of war. >> reporter: john and gloria lost their son, kenneth, in the attack. >> kenneth was on opposite side of the bulkhead where they had detonated and that's why he was just slaughtered so bad. >> reporter: after the attack, president clinton vowed the u.s. would hold the terrorists accountable. >> you will not find a safe harbor. we will find you. and justice will prevail. >> reporter: ten years later, that promise has gone largely unfulfilled.

the u.s. did not strike back at al qaeda for the cole. despite exhaustive investigations, arrests and indictments of some of the terrorists responsible no one has ever been held accountable in an american courtroom. two suspects arrested in yemen within weeks of the bombing confessed. but later, escaped or were let go. the alleged mastermind captured by the cia in 2002, waterboarded and shipped to guantanamo, has never been prosecuted due to political deadlock over how to try accused terrorists. other families are frustrated. >> there's not been any justice for the cole, for that crew, for that ship. >> actions speak louder than words. >> reporter: meanwhile, al qaeda is now resurgent in yemen. over the past year the u.s. linked its operatives to multiple terror plots. in fact, u.s. officials believe one of the cole plotters is still alive and working with al qaeda in yemen.

here he is in this al qaeda video last spring, threatening new attacks against americans. wherever they are found we shall fight them, he says, just like we destroyed the cole. we showed the video to the commander. >> what goes through your mind? >> what goes through my mind is what is he doing loose? >> and to the family. >> he's able to go ahead and sit there and send out these tapes and stuff -- i just can't believe it, man. >> it's just wrong. it's wrong! >> reporter: as for the cole itself, the physical damage from the bombing is now long gone. today, she's at her home port in norfolk, virginia, recently back from another mission to yemen. after ten years, the attack on the cole remains unfinished business in america's war with al qaeda, a wound that for some, has never fully healed. nbc news, norfolk, virginia. and when our broadcast continues in just a moment, the disturbing case of an american believed murdered while jet skiing on a lake between mexico and the u.s. tonight the story takes a

gruesome and new turn. later, in these hard times, two sisters doing whhey can and they're making a difference in the process for their community.

nearly two weeks ago, a couple came under fire jet skiing in mexico. 30-year-old david hartley was reported killed. what happened since has been unsettling and it turned downright gruesome today

highlighting the lawlessness in parts of mexico. our own janet shamlian has been following this. she's with us tonight from our nbc bureau in houston. good evening. >> reporter: good evening, brian. a mexican police commander investigating the disappearance of an american on a border lake, has now himself been murdered. severed head delivered to the mexican military. this is the latest twist in a bizarre twist involving pirates, drug cartels and murder. the reported crime was almost two weeks ago. tiffany and david hartley went jet skiing on falcon lake in south texas. a unique body of water that sits on the u.s./mexico border. the couple ventured on to the mexico side when tiffany said they came under a barrage of bullets and david was shot in the head. tiffany tried to help her husband but the gunfire continued and she made the agonizing choice to leave david to save her own life. >> i just kept hearing god tell

me, you have to go. you have to go. >> reporter: her story was questioned by mexican authorities in the early days but after hartley met with officials at the mexican consulate, they launched a full-scale search where tiffany hartley said the shooting happened. u.s. officials were not involved. the search was on and off and threats of an ambush from the drug cartel. >> we cannot arrest anybody for what happened in mexico. we cannot prosecute on a state level, anybody for what happened in mexico. we just want a body. >> reporter: over the last 48 hours, reports surfaced from mexico that two brothers, the zeta cartel members were suspects. reports later denied by a high-ranking mexican official. all leaving tiffany hartley wondering whether she'd ever have her husbands body back. the murdered investigator has been identified at rchlts olando florez and the lead the investigator, told us that the

investigator never made it home after a day of searching for david hartley. brian? >> janet we'll stay on the story. the folks who live there say it's like somebody painted a big target on brooklyn, new york. first a tornado ripped through a few weeks back and last night, it was a violent hailstorm, so much that it left sidewalks and cars layered in slush. now our friends at the weather channel want folks in the eastern part of the country to be aware of a big storm taking shape for thursday and into friday. conditions, they say, are ripe for a nor'easter making its way from the carolinas north through maine and philly and new york on its way, with a lot of wind and rain in between. when we come back, a big american clothing company forced to make a big change because consumers fought back.

another airline is about to offer passengers less. continental airlines known from frequent flyers known as the last major carrier to offer free meals will stop serving them as of today. the last of the free meals were not much to write home about to be perfectly honest. often, nothing more than a roll with a slice of deli meat. a funny thing happened to the gap this past week. the gap came out with a new logo and it was so heavily criticized they killed it and changed it

back. here's the old, familiar gap logo, which is now back to being their logo. and here is the new one they tried to roll out. it turns out the graphic arts' community on the web is a tough vocal crowd. one of them posted their own graphic opinion of the gap logo. others said of the new design, a child using a clip art gallery would have done a better job. still others compared it to a failed low-fare spinoff airline in an element from the periodic table and another said the type face is synonymous with american airlines. most revealing, perhaps, in our age of transparency, over half of those polled by ad magazines feel big companies should get public input before changing logos or packaging or products at all. as appeals as the idea of early retirement might be to some americans, there's a new study out tonight that may make

some folks think twice about hanging it up when they're too young. as reported by "the new york times," it says, the earlier people retire, the more quickly their memories decline. this gives voice to that "use it or loose it" theory of keeping the human mind vital and aware. the same study says that doing games like crosswords don't lead to better overall cognitive performance, they just make you better at crosswords. when we come back, our "making a difference" nominees. twins, both equally deserving because of what they've done.

finally here tonight, in our "making a difference" report the story of twin sisters in knoxville, tennessee. they are in their golden years now, but as committed as ever to making sure that nobody in their community goes without some of the very essentials of life. their story tonight, from nbc. >> i've got five dozen. >> ellen turner and helen ashe are twins. >> i'm five minutes older than my sister. >> but i'm 50 pounds heavier than she is.

>> reporter: the 82-year-old retirees are the founders of the "love kitchen" in knoxville, tennessee, a charity nourishing the five h's. >> the hungry, homeless, the helpless, the hopeless and the homebound. >> after graduating high school in the segregated south they worked as nurses in a segregated hospital. >> they had one floor there at the hospital, the third floor, for black patients. >> reporter: their time with indigent patients inspired them to, one day, feed the needy. >> thank you for the love kitchen. thank you for helen and ellen. >> reporter: the lover kitchen got its start in the basement of this church back in 1986. on the first day, the twin sisters served 22 meals. they now average more than 2,000 a week. on top of the free hot meals, the all-volunteer staff also provides free bags of groceries. >> they give it to you without even hesitating. that's what i like about it. they don't look at you like you're dirty or anything like

that. >> reporter: gerri shelly is a volunteer. >> without helen and ellen i think a lot of them would go hungry. >> reporter: for those physically unable to come to the love kitchen -- >> rosy, it's gerri. >> reporter: there's delivery. the food and the company is welcome. >> i love you, babe. >> we give love and that's why we call it "the love kitchen." >> reporter: the sisters pray donation also keep coming. >> this is what keeps us going. we enjoy every moment. >> reporter: because generosity is the main ingredient at the love kitchen. nbc news, knoxville, tennessee. if you want to hear more from these generous sisters and learn more about "the love kitchen" visit nightly.msnbc.com. and for the latest on the mine rescue, stay with nbc news and your late local news and "today" on nbc in the morning. that's tomorrow morning. for us for now, that's our broadcast for a tuesday night.

thank you as always for being here with us. i'm brian williams. we hope to see you right back here tomorrow evening. good night. -- captions by vitac -- www.vitac.com