on our broadcast tonight, the tucson tragedy. congresswoman gabby giffords hit something of a setback in her recovery while the man accused of trying to kill her goes to court. a deadly attack in a busy airport overseas. dozens are killed as investigators look into who did it and why. line of fire. police officers across america getting shot at an alarming rate. two more deaths today alone. there's a turf war in the world of breast cancer charities. tonight we'll tell you why the susan g. komen charity is under fire. also tonight, remembering the man we thought might live forever, jack lalanne. "nightly news" begins now.

captions paid for by nbc-universal television good evening. tonight we have a late update on the story so much of the country has been following, the health and treatment of congresswoman gabby giffords of arizona and whether her road to recovery might be a bit tougher than we first knew, but first reporters got another look today at the man accused of trying to kill her. the alleged gunman, the troubled 22-year-old named jared loughner. he pleaded not guilty today to federal charges that he tried to kill a member of congress and two of her aides. the attack, you'll recall, killed six people, wounded 13 others. we begin our coverage tonight with nbc's mike taibbi on the story this evening from phoenix. mike, good evening. >> reporter: good evening, brian. how are you? the arraignment today was on only three of the federal charges, not the potential death penalty charges for the murders of judge john roll and giffords' aide gabe zimmerman but those charges could be added much sooner than many expected.

jared loughner had shuffled into court shackled hand and foot with a thin smile that kept reappearing on his face but he didn't say a word. his lawyer, judy clark, entered his not guilty plea and told the court the proceedings could continue from here on in in tucson, where the massacre occurred. there would be no change of venue motion. judge larry burns asked that additional charges, including additional death penalty charges, be filed within 45 days, a fast track former assistant u.s. attorney kurt altman says would have to come from the top. >> the decision to seek the death penalty ultimately comes from washington and ultimately comes from the attorney general himself, eric holder. >> reporter: defense attorney judy clark specializes in gaining life sentences instead of the death penalty for defendants with overwhelmingly mental health issues as loughner's history seems to suggest. >> what you see is a portrait of somebody with a major mental illness of psychotic proportions. >> reporter: loughner left under

heavy police escort. the state has its case to pursue on behalf of the other 11 who were injured and the four who were killed who were not federal employees. >> swift justice is justice. justice delayed is unjust. certainly they'll want to move forward. >> reporter: well, the clock has now started. the next court appearance in this case, march 9th, in tucson. by then, of course, federal sources are saying that jared loughner may for the first time know that he does in fact face the potential death penalty. brian. >> mike taibbi starting us off in phoenix, arizona, tonight. mike, thanks. in houston tonight, what may be something of a setback in what has so far been an astonishing recovery by congresswoman gabby giffords. our own janet shamlian is with us tonight from the texas medical center. janet, good evening. >> reporter: brian, good evening. late today giffords' husband, astronaut mark kelly, told "the houston chronicle" that his wife could be transferred from

intensive care to the rehab unit sometime this week, perhaps as early as wednesday. however, that move could be delayed by what's being called a side effect of her injury. a buildup of fluid on her brain. in a recovery that seemed to exceed expectations, a setback for gabrielle giffords.çó her transfer to the rehab center of a houston hospital has been postponed, and for now she remains in the trauma unit, where dr. john holcomb, a retired army colonel, oversees her care, bringing expertise from the battlefield of iraq and afghanistan. >> there's a little fluid collection that the docs put a drain into around her brain and that drain is still in place. with that drain in place, she can't leave the icu. ok >> reporter: experts say it's not uncommon to have the fluid drain in place for several weeks, but it doesn't put everything on hold. >> just because she's in the intensive care unit doesn't mean that she's not going to be able to receive rehabilitation. we're finding today that actually the sooner that you start rehab, the better outcomes

that we're having for traumatic brain injuries. >> reporter: therapists are working with giffords in the icu and her doctor reported progress during the weekend. >> at one point her leg was dangling in the bed and we asked her to bring her leg up. after a couple of seconds, she brought the left leg up without any further delay. >> reporter: mark kelly remains here at the texas medical center with his wife. he declined an invitation from president obama to tomorrow's state of the union address so he could stay by her side. >> janet shamlian in houston tonight. janet, thanks. we have more this evening on this condition congresswoman giffords is dealing with. a common complication for people with the kind of injury she is facing. here's our chief science correspondent, robert bazell. >> reporter: it is a common complication with gunshot wounds to the brain. the brain is surrounded by cerebrospinal fluid held in place by a membrane called the dura the even the bullet wound

itself or the surgery to repair it can cause a buildup of cerebrospinal fluid, or csf, which causes the fluid to leak out, often into the throat and nose area. the big danger is infection. if the fluid is leaking out, germs can get in, potentially causing meningitis. >> it's a setback in the sense that it's kept her in the icu or the intensive care unit for now. but i actually don't think it's going to wind up being a major setback for her. >> reporter: the first line of treatment is to drain off excess fluid, hoping the fluid buildup will stop on its own. if that fails, doctors may consider additional surgery to close the leak or as a last resort put in a permanent drain called a shunt, but that carries an ongoing risk of infection. until the leak is stopped, it is unlikely representative giffords will leave intensive care to begin the rehabilitation program. doctors want to start it as soon as possible, but they say a delay of a few days or weeks, brian, won't make that much

difference. >> bob bazell, thanks, as always. overseas tonight more than 30 people are dead, more than 150 injured after a massive suicide bombing attack in one of the busiest airports in all of europe, in moscow. officials say a male suicide al international arrivals terminal and set off an enormous explosion. the ct ourpiespi tough to watch. our chief foreign correspondent, andrea mitchell, has more on the attack and who may be responsible. >> reporter: the crowded baggage area looked like a battlefield amidst a grewsome mix of shrapnel, blood and body parts, the injured on gurneys. after one suicide bomber set off a bomb with the equivalent of 15 pounds of tnt. security was light. eyewitnesses saw a man walk in with a suitcase and say "i'll kill you all." >> translator: i just raised my head and here came the blast. there were many cries and

somebody made a shout starting with the sound ah and this was followed by the explosion. i saw the suitcase, the suitcase was on fire. >> terrible. i never wish i'd seen it. i'm very shocked. >> reporter: officials quickly cordoned off the scene, they report from the terminal. >> just hours after this horrific attack here, the airport is functioning and back on its feet, but it will take longer to heal the personal pain and restore russian stability, shaken hard by this attack on moscow's busiest airport. >> reporter: russia's president, dmitry medvedev, went on television to offer reassurance. >> translator: we can take all steps in conducting this investigation so we get information fast so we can pursue the investigation, so to speak, while the trail is still warm. >> reporter: and on twitter, medvedev promised security will be tightened at all of russia's airports and major transport hubs. terrorism experts immediately suspected rebels from the russian province of chechnya, believed responsible for a trail of other attacks, including the

bombing of moscow's subway last march. attacks on two express trains in november of 2009, and in 2004 the suicide bombings of two passenger planes midair by two female terrorists who boarded from this same airport. >> it seems that this is consistent with previous chechnyan attacks. looking to kill as many people as possible and in the process embarrass the medvedev government. >> reporter: reportedly among the 35 dead, two britons, so far no americans are known to have died. today's attack could lead to a greater crackdown in russia. if only to ease international concerns about security in that country as it plans to host two major events, the 2014 winter olympics and the world cup four years later. >> particularly troubling because it was the part of the airport where you go to pick people up who have arrived and don't have to pass through security, of course. andrea mitchell in our washington newsroom. andrea, thanks. tomorrow night we'll be in washington for the annual ritual of the state of the union address. this year is different, of

course. they all are, concerning the president and congress. even this year the seating chart, our chief white house correspondent, political director chuck todd at the white house tonight with a bit of a preview. chuck, good evening. >> reporter: good evening, brian. of course you mentioned the seating chart. democrats and republicans will be sitting together. it won't be obvious when one side stands up and one side doesn't on what the president says. as for what the president is going to say, he's still noodling with his speech. already at times possibly more than an hour. about two-thirds will be on the domestic side focused on jobs and figuring out how to deal with phase two of this economic recovery. the other third will be on national security. now, details of this speech are still being kept close to the vest. they leaked out a few details talking about in generalities, new investments which of course republicans have already hit the white house saying, hey, that's new spending. the white house pushing back, no, no, no, no, they want to move -- no new money are they asking for, they just want to redirect some funds. some new details we may not know

until the president actually gives his speech so they're trying not to leak it out the way they have in years past. >> chuck todd at the white house where we'll see you tomorrow night, chuck, thanks. and a reminder, live coverage tomorrow evening, 9:00 eastern, 6:00 pacific here on nbc. and a political shocker in the president's hometown of chicago. a state court of appeals has booted former white house chief of staff rahm emanuel off the ballot for mayor of chicago. a lower court and that city's board of elections had ruled that he did meet the residency requirement in the city, even though he had lived in washington, d.c., last year while working at the white house. he told reporters today the ruling is just one setback and he will appeal to the state supreme court. the bitter cold that put the midwest in the deep freeze last week has moved east, and from pennsylvania and new york, up through new england, it's downright dangerous out there. 34 below, that will get your

attention. 50 below windchills in new hampshire. even colder, minus 37 in upstate new york. the cities weren't spared from this. minus 2 in boston, 6 above here in new york this morning. getting around was tough. if your car wouldn't go, perhaps in this case it was because of a busted water main that encased an audi entirely in ice. amtrak didn't help much because tracks and switches get cold in this weather. welcome and relative warmth, including rain, is headed east as early as tomorrow. when "nightly news" continues in just a moment, two florida police officers die in the line of fire, in the line of duty in what's becoming a brutal month for law enforcement in this country. and later, is one of this nation's best-known charities, susan g. komen, behaving uncharitably.

we have an update now on a story we told you about last

week, a young woman named carlina white who solved her own kidnapping case and was reunited with her mother after 23 years. today court documents revealed the accused kidnapper here, ann pettway, admitted taking carlina from a new york hospital when she was just 19 days old. pettway said she was afraid she would never be able to have a child of her own after several miscarriages. she is in custody facing federal kidnapping charges. in florida today at the same time thousands of police officers were gathering in miami at a funeral for two of their own killed last week in the line of duty, two more police officers were killed elsewhere in florida. it's part of an alarming cluster of shootings in the first month of the new year, after an especially deadly 2010 for law enforcement. nbc's mark potter has more. >> reporter: in st. petersburg, florida, an early morning

shootout as police search for a fugitive. in a hail of bullets from inside a house, two city officers are shot and killed and a u.s. marshal is wounded. in the last five days around the country there have been at least five other incidents in which police were shot. last thursday in miami, two officers were killed by an armed suspect. on sunday in lincoln city, oregon, an officer was shot during a traffic stop. and in detroit, four officers were injured when a gunman walked into a police precinct with a shotgun. in port orchard, washington, two officers were shot in a walmart parking lot. and in indianapolis, an officer was shot in the face. according to the national law enforcement officers memorial fund, 14 police officers have already been shot and killed in the line of duty this year. 59 others were shot and killed last year, which is up 20% over the year before. police say more criminals seem willing to take on the authorities.

>> i've not seen this many shootings in this short period of time in my 40 years in law enforcement. >> reporter: in miami today at a memorial for that city's two fallen officers, anthony castillo mourned the loss of his father. >> and poppy, i know you're in here. i just want to let you know that we all love you and we'll miss you forever in our hearts. thank you. >> reporter: mark potter, nbc news, miami. we'll take a break here. when we come back, remembering a man millions of us grew up with.

big announcement from oprah today. it was promoted as oprah's family secret, and it turns out she has family she didn't know she had. a half sister named patricia, who she introduced on today's show. patricia was put up for adoption

by their mother nearly 50 years ago. oprah said her mother never told her about her long-lost half sister. the man we thought might live forever has died. jack lalanne did more to promote and popularize physical fitness than any other american individual, and he started doing it so long ago, he was roundly criticized at the time for his crazy ideas. >> get up on your feet and let's go, everybody. >> "the jack lalanne show" which millions of us were raised on started on local tv in san francisco featuring jack and his dog named happy, and then it went national in 1959. he lifted weights back when nobody else did, back when stretching and aerobics were considered oddities. jack was like a hyperactive uncle in a blue polyester jumpsuit with a built-in belt who cajoled americans into getting up and getting moving,

often with his wife, elaine lalanne. he was 5'6" and weighed all of 150 pounds. he worked out two hours a day every day not because he loved it, because he wanted to stay fit. >> to live long you've got to train like you're training for an athletic event. you've got to exercise. exercise is king, nutrition is queen, put them together, you've got a kingdom. >> he did all kinds of stunts to promote fitness and himself. swimming to alcatraz, towing boats behind him. he opened that famous chain of fitness spas and tv viewers in recent years know him from hawking the power juicer. while his 3,000 tv shows will live on forever, jack lalanne is gone at the age of 96. another break. when we come back, in the fight against breast cancer, shouldn't any effort for the cure be welcome? tonight why a big charity, susan g. komen, has been saying not so fast.

as charities go, the susan g. komen name is well known, and if you're a charitable donor, a breast cancer survivor, a caregiver or a loved one, you've seen it before.

you may have donated to their research work over the years. what you may not know as well, the tactics and the power behind the name and the lengths they go to to keep their work and their slogan their own. smaller charities with the same goal of combatting breast cancer have been forced into legal combat over this very thing. the story tonight from nbc news correspondent, anne thompson. >> reporter: sue says she doesn't know any other way. she's a volunteer firefighter and a volunteer fund-raiser for breast cancer. co-founding mush for a cure in the minnesota tundra town of grand moret, population 1300. when she tried to trademark mush for a cure, she ran into an unexpected foe. susan g. komen for the cure. >> we're all supposed to be fighting against breast cancer and here another breast cancer fund-raising organization is going to oppose something that would cost us all money that we

want to give to the cause. >> we've asked them to consider changing the name because millions of people around the country associate for the cure programs with breast cancer and with komen. >> reporter: komen's aggressive defense of its for the cure trademark is making headlines and drawing the ire of race for the cure runner steven colbert on his show. >> these charities aren't the only ones riding in the komen foundations cure tales. i'm looking at you, doctors. >> reporter: government records show since 1996, komen has reviewed 83 different groups and contacted most, trying to trademark names with for cure or for the cure. in more than half the cases, komen has taken legal action. >> there are very specific laws. >> reporter: joe is a trademark attorney. >> it really just seems like it's protection gone awry. >> reporter: komen has applied or registered for 197 trademarks. >> that's more than many large corporations. >> reporter: really? >> yes.

and in this context, we see that they have registered successfully i am the cure, bicycle for the cure. >> reporter: all this costs money, but komen insists it's just a tiny fraction of the $515,000 it spent on legal fees last year and dwarfed by the $283 million spent on research and advocacy. >> listen, we're not perfect. no nonprofit ever is. and if we have been overzealous in our quest to protect our names or the names that our donors come up with, it is because we feel such a huge responsibility to the komen family of donors and volunteers who work so hard in our mission. >> reporter: so this pink organization now promises to come up with a plan in the next two months to make it easier for everyone to work for cures. anne thompson, nbc news, new york. >> and we have more information on both sides in this debate over the phrase "for the cure." you can find it on our website,

nightly.msnbc.com. for us for now, that's our broadcast on a monday night as we start off a new week. thank you 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 it's like a pot that blows up. >> an explosion in gang violence prompts a dramatic warning in the bay area. people told to stay inside. thanks for joining us on this monday evening. >> stay off the streets. that message tonight for san jose teens. a rush hour drive by shooting has local