we are following breaking news at this hour. the suspect in the 2012 attack on the american complex in benghazi is on u.s. soil, expected to face a judge this hour. our pete williams is live at the courthouse for us. also, on a mission in iraq. new details about u.s. drones and jets are supporting the iraqi government's counteroffensive against militants from isis. is it true? excuse me, sir, did you abuse your son? >> police now focusing on the dad of that 12-year-old boy who disappeared for days, then turned up in his family's basement. investigators are now looking into abuse allegations.

also, forget about a babysitter. how about a line sitter. you can now hire somebody to wait in line for you. i'll introduce you to the guy who's turned this into a profitable business. also, we'll show you how you can reuse items that you can't recycle. talk to the man who's on a mission to outsmart waste. that is today's big idea. and good afternoon to you all. i'm t.j. holmes in today for craig melvin. here's what's happening at this hour. the man believed to be behind the 2012 u.s. consulate attack in benghazi is on u.s. soil. will be arraigned in federal court today. ahmed abu khattala was arrested in libya two weeks ago. he's been traveling on a navy warship since then. that is until this morning. let me bring in pete williams, who has been following developments for outside the federal courthouse. please give us the update and what can we expect here in the

next -- i guess any moment, but certainly the next few hours. >> about 3:30 actually will be the time for the arraignment for ahmed abu khattala. a big deal. almost two years ago, to face a federal judge here in the united states. he arrived in the u.s. on u.s. soil this morning, brought off the navy ship by helicopter. they landed here not a couple of miles away from this federal courthouse at the foot of capitol hill and he's been in the courthouse since about 8:30 this morning eastern time. a little over five hours, waiting for his hearing this afternoon before a federal judge. it will be a very brief hearing. he'll simply be told of the charges against him. it's a formal arraignment. and then i assign the judge will set the time for the rest of the court proceedings. security here is a little tighter. first of all, this is an extraordinary proceeding. we're not usually standing in front of the federal courthouse on saturday.

so it's a very unusual thing to have something like this happen. but they want to follow the rules closely. the rules do require getting before a federal judge shortly after you're brought here into the u.s. so that will happen this afternoon. one single count we're told in a grand jury indictment that was returned thursday. this will be -- this will replace the charges that were filed secretly last july against him, accusing him of playing a role in those benghazi attacks in which four americans were killed. after today's hearing, he'll be held somewhere in this area, possibly the d.c. jail, potentially a jail just on the other side of the potomac river from washington. and then the rest of the proceedings will unfold in the weeks to come. >> all right, nbc's pete williams. we will definitely be checking back in with you from the courthouse in d.c. thank you very much. again, we are standing by for that 3:30 formal arraignment today. but still, an important day as this suspect in the benghazi attacks has made his way to u.s. soil. we'll check back in with pete williams. also need to turn to what's

happening in iraq. right now, u.s. flying armed drones over the iraqi capital of baghdad. the unmanned aircraft and fighter jets as well part of an aerial umbrella that the u.s. is mustering to help protect the capital and u.s. advisers on the ground there. the u.s. amphibious assault ship is surging toward the persian gulf carrying 1,000 marines in case they're needed to evacuate american personnel in baghdad. richard engel is in baghdad. richard? >> reporter: the iraqi military is now trying to fight against isis militants. we are not seeing any more the mass defections that we saw etch a couple weeks ago. we're not seeing thousands or tens of thousands of iraqi troops dropping their uniforms and running away from the fight. instead, we're seeing small offensive actions. limited raids by iraqi forces against isis militants. occasionally helicopter strikes today in mosul, also in tikrit. the problem is the offensives that the iraqi military is able

to carry out aren't enough to drive the militants out of the country. not enough to change the balance of power here. so this de facto split we've seen in iraq with the country breaking into three pieces, a kurdish region, a sunni radical region, and a shiite south, seems like it could be here for a long time. american military advisers are now on the ground working with the iraqi military to try and improve their tactical capabilities, improve their combat power, and the pentagon has confirmed that to give protection for those american advisers, there are now armed aircraft and drones flying above. those drones and fighter jets are not authorized to get involved in this fight. they're not authorized to take unilateral action against the isis militants. they are only here to protect the american advisers as they move from place to place in case they come under attack, the drones and planes could respond to help prevent the americans from getting killed and to help save their lives.

>> nbc's richard engel in baghdad for us. thank you so much. the final two supreme court decisions of this term will come down on monday. one could have far-reaching implication on reproductive rights in this country. that case, commonly known as the hobby lobby case. at the heart of the matter here is does a for profit company have the right to object to a law on religious grounds? the story hobby lobby's owners are against the affordable care act saying insurance plans must cover birth control. this rule willing come just days after a court struck down a massachusetts law that set a 35-foot buffer zone around abortion clinics. let me bring in now ernwin carmon. give us an understanding here, this is a first amendment issue in terms of the buffer zones. what are we talking about here, the real implications for the abortion debate for that case?

>> massachusetts had a 35-foot buffer zone around its abortion clinics, around which protesters -- which protesters could not cross. the justices said unanimously that that was a first-amendment violation, that it was too restrictive, but said -- it suggested that there could be other measures that peek could use, that states could use to keep patients safe. now, this was -- the implications for this are that outside abortion clinics, it can off look like a war zone, so states have been experimenting and municipalities have been experimenting with ways to try to take it down a notch and allow there to be some peaceful protests. but also protect patients from having people come up to them and shout in their face. >> what is -- where does this leave us now in terms of this whole abortion debate? for both sides of it necessarily, in using this case and this supreme court case for their arguments? where does this leave us as we move to the next phase? every decision that comes down, it seems like -- what's the next fight then, i suppose? >> the right to abortion remains intact.

this is really just governing what happens outside of clinics. but what you've really seen is -- you know, both the right and the left both pro life and pro choice, using justice kennedy's favorite amendment to bring forward their choice. on the pro choice side, you have people saying you can't force a doctor to give inaccurate information about an abortion. on this side, they're using the first amendment to try to strike down laws that they think limit their right to protest too much. >> a 35-foot buffer zone. and this point with us brought up. the supreme court has their own buffer zone. and jackie speier, her tweet said, 35-foot buffer for women's health services but has a 252-foot buffer zone for its own protesters. how does the supreme court -- this is just -- it's not this big of a part of this debate, but how does the supreme court get away with it saying they can justify their buffer zone, but an abortion clinic can't have theirs? >> it's nice to be able to make

the rules, right? >> yes. >> so far as i've seen, no convincing legal rationale. the supreme court is public property. there are protests. they were very concerned about the fact that all of this was happening on the public sidewalk, the 35-foot buffer zone. so it's clear that when it comes to their access to their offices, a different standard is being applied than the one for people accessing abortion clinics. >> i'm sure that we'll hear some more about that. >> the most watched decision, i guess, the hobby lobby, whether a for profit company can essentially make policy based on their religious believes. can they be a religious entity. we talk about this as contraception for women, birth control. but what other implications does this have if the court, in fact, ruled that hobby lobby, yes, you can, as a for profit company, have your own religious believes and let that govern how you do business?

>> it was brought up in oral argument that there are lots of different religions that object to all kinds of medical services beyond contraception, including blood transfusions, vaccinations, and so on. in recent memory was when they wanted to deny services to gay people. we also saw back in the day when there was resistance to integration. >> you laid out in your piece, they can win, which would affirm a lower court decision that says we see no reason to recognize constitutional protection for a corporation's political expression, but not religious expression. hobby lobby couldn't lose. how could they lose? the court could decide corporations aren't religious people. they could also decide corporations have religious liberty, but that the coverage requirement doesn't violate it, or there's no employer mandate. now, which one of these is a

likely scenario? we've seen this in big cases before, that the supreme court has found a way around having a wide ranging decision. >> i think you saw five justices look interested in that there is no employer mandate argument, which was raised bay law professor. it's sort of the way that they decided the health care decision two years ago, which is to sort of go around the central issue. if the government is enforcing a corporation to provide insurance, because they could just pay the fine instead, then is the government forcing them to violate their religion? they could say no, and that was a theory that justice kennedy brought up a few times that he seemed intrigued by, and if they can get justice kennedy's vote for sure, they have the four liberals on the court. what could also happen is that justice roberts could convince them that hobby lobby can get an exemption, but that it would only be limited to private companies, companies that seem very religious, where their bosses talk a lot about religion, and that would be a somewhat more narrow win for hobby lobby. >> all right, i think i

completely butchered your name earlier. a thousand apologies. thank you so much. this is someone you all should follow to keep up with these cases. she has been on top of this for quite some time. thank you so much. >> thank you. coming up, the white house makes another push to address the influx of migrants, many of them children, coming over the u.s.-mexico border. the latest in a moment. also, 50 years later, remembering those who fought for african-americans' rights to vote, just as african-american voters make new sorts of headlines in mississippi. don't just visit san francisco.

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when you work in this civil rights movement, you know that sometimes there is no tomorrow and that that's always a possibility. >> 50 summers ago, civil rights workers and volunteers from across the country came to the state of mississippi in a

campaign to help african-americans register to vote. efforts at the time had some brutal results. three young civil rights workers, james cheney, andrew goodman, michael schwerner disappeared on june 21st after being arrested and released. their bodies were found 44 days later. 18 people were charged in the case by federal authorities. seven were convicted. that stirred national outrage, became a catalyst for the civil rights movement. dr. martin luther king jr. commented on what the killings meant for the country. >> it's a haunting, poignant question. a question facing everybody under the sound of my voice tonight and every person who lives in this nation. it's not so much who killed those young men, but what killed them? and when we move from the who to the what, in a strange sense, their death involves all of us. >> i want to bring in civil rights activist and harvard law

professor lonnie guenere. you were in mississippi this past week. what were your thoughts being there 50 years later, and thoughts as well about where we are today? we've had some setbacks with some of these voter suppression laws. but is this what they were fighting for and fighting for the past 50 years to get us to where we are today? >> well, i think we'll still be fighting tomorrow, but you're right that what's happened recently is something to be very proud of, the fact that so many people who were active in freedom summer came back to mississippi to celebrate the anniversary of the original freedom summer. and to share with their colleagues the power of that experience. that was just really mind-blowing, because there were

just hundreds of people who came back to mississippi so reune, but also to be very proud. >> very proud. we were talking shortly after the slayings of the three civil rights workers, president johnson signed the civil rights act into law. the voting rights act came just a year later. june of last year, we saw the supreme court overturn a key part of that voting rights law. so you say we'll still be fighting tomorrow. it sounds like this is a fight that may be necessarily will ever be won necessarily. you just always have to keep an eye and try to progress forward. is that fair to say? >> well, i don't want to make a too general conclusion that we'll always be fighting. because i think we've made enormous progress. on the other hand, i think you're right that there's a tendency for every one step forward, you go back two steps.

so you have to be vigilant. >> what were the impressions? you said it was such a powerful experience there in mississippi. what were some of the stories you were hearing and reactions you were getting to what we have been seeing over the past several years with these new laws popping up that make it more difficult to vote? you know, the reaction from people who were there 50 years ago fighting to get us to this point. >> well, i think what was so meaningful and so powerful was the honesty of the primarily white volunteers who had come to freedom summer in 1964. and it was really moving, number one, that they returned, but number two, that they had been there in the first place. and described the way in which being in mississippi for the summer of 1964 changed their

lives. and changed their lives in ways that they're very proud of. >> and we think about that state now in the history. in mississippi and really states throughout the south. but this week, certainly have to get your reaction here. in mississippi, african-american voters were credited with having a huge role in a republican senator thad cochran, his primary bid. in fact, as reported by "the washington post," cochran and other mississippi republicans have long sought to lure at least a portion of black voters in general election campaigns, and african-americans make up more than a third of the state's electorate. african-americans came out for this republican. i guess what did you make of that in a state like mississippi? >> well, i think they were being very savvy. i don't think that this means they're moving from the democratic party to the republican party. but as i understand it, thad cochran had been -- or has been very supportive of things that

the african-american community in mississippi has been striving for, and even though he's a republican, he's brought apparently a lot of federal dollars to mississippi in ways that benefit all of mississippi, not just the upper middle class whites or the poor white, but also the black people who live in mississippi, and who have benefited from some of the interventions that he's made. >> i think that's a very good way to put it. i think a lot of -- like you said, savvy. they saw this republican as a better option than the tea party candidate, quite frankly, so savvy maybe is a good way to put it. it is a pleasure to have you. it's a pleasure to talk to you here on this saturday. thank you for coming in. you enjoy the rest of your weekend, all right? >> oh, thank you. >> about 20 minutes past the hour now. soul legend bobby womack has died at the age of 70. the singer and songwriter came

from a gospel background. got his professional start with sam cooke. he penned streets such as "across 110th street." and also "all over now." the rolling stones sent out a tweet saying bobby womack was a huge influence on us. his voice and song writing touched millions.

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fix v.a. hospitals after a scathing white house report points out a "corrosive culture that led veterans to wait months on end for care." a 14-day scheduling standard that was found on arbitrary and unrealistic. josh earnest says an overhaul of leadership is a high priority. russia's foreign minister is accusing the u.s. of essentially meddling in their business. sergei lavrov angry over the decision. the trade agreement with the eu directly defies the kremlin and president vladimir putin. a nail-biter. as brazil soccer team locked in a 1-1 tie with chile in today's world cup action. and this is happening, of course, in brazil. they don't necessarily have the home country advantage, not right now. a couple hours from now, we'll have colombia and uruguay facing

off, and of course, the u.s., that's the big one against belgium on tuesday. still ahead, a breaking story we are following this afternoon. the suspect in the 2012 benghazi attack could be arraigned at any moment. we're keeping an eye on the courthouse. a live report coming your way. also, a bizarre story out of detroit. police zeroing in on the dad of a 12-year-old boy who disappeared for 11 days. the boy was later found in his family's basement. the latest on that investigation coming your way. so you can enjoy your favorite music. mom! mom! mom! mom! mom! mom! hi mom. and a multi-flex sliding rear seat, for your passenger's comfort and your own. start your summer off right and get this 2014 chevy equinox ls for around $199 per month. find new roads at your local chevy dealer.

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following developments for us as well on this story throughout the past couple years really, and certainly handling it for us today from the white house. what are you hearing about how they're thinking this is going to go? what happens now? this benghazi suspect, which has been -- benghazi has been a political football back and forth, and now this suspect is on u.s. soil. >> indeed. it's significant because, of course, the obama administration has come under criticism for not bringing any of the suspects before a judge earlier. the obama administration saying that they needed to make sure that all of their eis were dotted, ts were crossed. that is why it took a fairly long time to bring this suspect, ahmed abu khattala to u.s. soil. but he is going to be arraigned, as you said, t.j., any minute now in a federal court here in washington, d.c., not far from the white house. now, he was captured for a little bit of background about two weeks ago by u.s. special forces during a raid on a villa

outside of benghazi. transported back to the u.s. he was on a u.s. navy warship. and then held in a navy facility before being transferred to that federal courthouse a little bit earlier today. and it is the result of an exhaustive search which included the fbi, the cia. he will face a number of terrorism-related charges dating back to that september 11th, 2012, attack against the u.s. consulate in benghazi which claimed the life of ambassador christopher stevens as well as three other americans. some republicans are calling for him to be held at guantanamo. president obama has been insistent that he wants to close down guantanamo bay, and it is significant that this suspect will be tried in the american judicial system. so, again, that arraignment expected to get under way any moment. we are hearing that he has been cooperating with authorities, and i anticipate that we will learn more both about the charges that he's facing and that level of cooperation when

he heads before a judge today. >> kristen, we will check in with you again there in d.c. thank you so much. we're expecting that at any moment. certainly within the hour for this benghazi suspect to be arraigned here on u.s. soil at the courthouse in washington, d.c. we're at the bottom of the hour here now. some new developments in the federal government's efforts to send the influx of unaccompanied children across the u.s. border with mexico. homeland security secretary jay johnson will head to texas on monday to visit migrant holding facilities. this comes as president obama sends a clear message to any parents in central america who are thinking of sending their children across the u.s. border. listen to what he said on "good morning america" yesterday. >> our message absolutely is don't send your children unaccompanied on trains or through a bunch of smugglers. we don't even know how many of these kids don't make it and may have been waylayed into trafficking or killed because they fell off a train. we have no way of tracking that.

>> that message may also be aimed at the president's domestic critics who have blamed the influx of migrant children on the president's policies. raul reyes, immigration attorney and columnist for "usa today." we're seeing this kind of thing, this is from the hill today, asking should the president use his executive powers to stop most deportations, which is a big part of this debate, stop deportations. he's under heavy pressure from pro-immigrant groups to do so. democratic strategists say such a move would spur latino turnout at the polls. what can the president do? can he use these powers? why hasn't he? and if he does, is it politics? >> well, absolutely it's politics. he actually does have quite a range of executive action that he can take fully legal. the only question around these actions is the political calculus. what the president can do, for example. he can expand deferred action, which is relief from deportation to include broader classes of

people. he could end the very controversial secure communities program. that's a program that really has acted like a pipeline into the deportation system. and another thing he could do is end the program called operation streamline, which puts any -- gives anyone who enters the country illegally automatically slaps with a felony, which rules out any possibility of legalizing their status in the future. so he could do all those things. >> he could do all those things. latino voters applaud the move, come out in droves to vote in the elections in november. but then you've got a problem. you just upset the folks you need to help get legislation passed. the republicans in congress. what's the president -- how is he supposed to balance that? >> well, that's the rub. you know, the president right now is in a very unenviable position. for the last few years, he's pursued a very aggressive immigration enforcement policy, with the idea that he could coax some republicans over to being in favor of reform. that has not happened. immigration reform is pretty much dead in congress. and now what does he have to show for it? he just has two million

deportations, and so many disapointed, frustrated latino voters. there's a real feeling of i would say betrayal among so many in the immigrant community. so many latino voters. the president also has very poor numbers, specifically on this issue. i believe 65% of americans say that he is handling immigration reform poorly. my opinion of these numbers reflect not so much his broader goals. they just reflect the fact that people are tired of this situation. they want some type of action to be taken. right now it's stalled. >> some type of action being taken. on that point, the crisis now, we talk about the immigration crisis. now we are seeing it, the media is talking about it again. it's in the forefront of the minds of americans. talking about 52,000 unaccompanied minors in the past seven months that have crossed the border. that's a problem. that needs to stop. can this be now something that is going to move the immigration debate and maybe even immigration -- you're shaking your head already. move it forward because the

people are saying, okay, the problem is right in my face again. >> i wish i could say it, but actually, the fact is this crisis happening right now is disastrous for the broader goals of reform. the fact is we can't send these children back. what people, especially republicans, don't like talking about. the reason we cannot send them back is due to a law passed by george w. bush that says unaccompanied children must stay here, they cannot be sent back. what democrats don't want to talk about is in reality most of those children will remain. last year we had about 25,000 kids. about 85% of them are still here. so that's the facts. it's very discouraging situation right now. >> i'm going to see you again soon. >> yes, sir. >> thanks so much as always. 37 minutes past the hour. new dwoevelopments in the case the 12-year-old michigan boy found alive in his own basement 11 days after he was reported missing. the boy's stepmother this afternoon was released from a local detention center where she

had been held on an unrelated probation violation. meanwhile, in relation to the missing boy, his father could now face criminal charges. the father's lawyer, however, says his client did nothing wrong. nbc's ron mott is on the story for us in detroit with the latest. ron? >> reporter: hey there, t.j. lots of twists and turns in this case. here's the latest. the father is expecting to be charged in this case. the stepmother has struggled to get out of jail on an unrelated charge since this all broke. as for the young man himself dhar l charlie, he is safe and sound at home with his mother. bracing for possible criminal charges in connection with his 12-year-old son's disappearance and odd discovery -- what are your concerns going forward about getting your family back together? charles bothuell was not as talkative as in recent days. >> charlie, we are getting reports that your son has been found in your basement. >> i have -- i have no idea. >> how concerned is he that he

might face arrest here? >> well, we're very concerned. >> reporter: as his attorney fielded a myriad of questions lingering over the case before later sitting down with us one-on-one. >> my client has been charged with anything, although we fully anticipate some sort of charges. we're prepared to defend any allegations, any complaints. >> reporter: bothuell attended a family court hearing, seeking to regain custody of his two younger children who were taken by authorities when his wife monique, stepmother to charlie bothuell, the boy reported missing, was arrested on an unrelated probation violation charge. she was given bond of $5,000 and ordered outfitted with a tracking device. the step mom who got police involved in the search for charlie is also represented by this attorney. >> they could have simply said, all right, we filed a missing persons report and leave it at that and lay low. but they did way more than that. >> reporter: meantime, prosecutors say they have not received a warrant package from police, detailing evidence that could support filing criminal charges. charlie was found crouching in a

small area in the basement of his father's home wednesday, officials say, where he also lived, an area previously searched by authorities. the attorney told nbc news charles bothuell pushed his son to lose weight when he moved in with his family two years ago, but that he did not tie a lack of exercise to punishment. officials are investigating whether charlie suffered physical and emotional abuse at home. >> based on what i've been seen and what i've been told, the father loved this child more than anything. >> reporter: we have previously reported that charlie was perhaps afraid he was going to be punished for not finishing a daily exercise. i asked the lawyer about that. the lawyer says the father recently had a conversation with his son saying because he was starting a business, he was not going to be able to continue to home school him and that the son was going to have to go back into public school or even into a military academy and apparently he did not take that very well. that's the very latest here in detroit. t.j., now back to you. >> nbc's ron mott in detroit. thank you so much. 45 years ago today, the stone wall riots sparked the gay

rights movement. it was early morning, june 28th, 1969 when new york city detectives raided a gay bar called the stonewall inn. supposed to be another routine raid, if you will. turned out to be anything but. after enduring i.d. checks and insults, most of the patrons were kicked out. but it was a group of customers who decided after years of police harassment and intimidation, they'd had enough. they resisted. and that led to three days of riots. the gay rights movement has come a long way since that day. june has since been designated as lgbt pride month. there are festivals, parades, events held all across the country to celebrate and draw political support. since that first june show of protest, the military has gotten rid of its "don't ask, don't tell" policy that banned gays and lesbians from serving openly. also same-sex marriage legal in 19 states as well as washington, d.c. challenges to bans are pending in many states as well.

the president extended the right to take family medical leave to care for a sick spouse. we're 41 minutes past the hour now. up next, outsmarting waste. we'll show you how you can recycle items that you thought you couldn't recycle. talk to the man behind the plan as he says to eliminate the idea of waste. that is today's big idea. [ laughter ] smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq,

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are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. they say good things come to those who wait, but if you don't feel like waiting, i'm going to send someone to wait in line. we found a guy who's going to do that for you. he will wait in line. got to pay him, though. he's called a professional line sitter. and you're going to have to wait to hear from him. he's coming up in a few minutes. first, we want to tell you about a new concept, achieving zero waste by making brand-new items out of your trash. all of your trash. it's today's big idea.

tara cycle collects hard to recycle items and converts them into everyday products, things like toys, office supplies and shopping backs. tom zacky is the ceo and founder. recycle a cigarette butt and do what with it? >> when we recycle something like a cigarette butt, we have to create collections. you can go to our website at taracycle.com, send us your used cigarette butts. for cigarette butts, we shred them, separate them into the organic pieces, which is then composted. the inorganic aspect is made into a moldable plastic and made into something like that. >> that is the result of recycled cigarette butts? >> absolutely. this is a high percentage of used cigarette butts, made into a park bench or anything along those lines. >> okay, now. for the everyday person, talking about we can recycle everything. >> absolutely. >> there's got to be something we can't recycle.

>> it all has to come down to economics. the reason an aluminum can is recyclable, because the cost is less than the value. everything else, a pen to a toothpaste tube costs more to collect and process than the resulting stuff is worth. it's about are you willing to fund it. >> i see the juice backpack here. what is it with the toothpaste right here? what is this? >> toothpaste tubes are not recyclable anywhere in the world. we do this in nine countries where you can send them. we'll even upcycle it into a pencil case like this. or because not everyone will want a branded pencil case, we melt it into a plastic and make it into the inner liner of this cooler here. >> just how expensive is this? this all sounds great, but like you said, is it just not financially feasible to do this? >> right. on its own, it won't work. that's why typically around america, the recycling systems accept grass, paper, certain plastics and aluminum.

everything else, it doesn't make economic sense. here we gain funding from colgate for toothpaste tubes and they fund that economic difference and that way we're able to bring these programs for free. >> are you able to sell these products? >> sure. >> you can still make some money. you're buying something that's recycled and people feel good about that. >> absolutely. the products help complete the cycle and subsidize a part of the system. >> all right. you've been doing this a long time now. are we catching on slowly but surely, and maybe down the road, maybe etch decades we'll get to this point? or is it still not picking up steam like you hoped it would? >> it is a journey. terracycle operates in 60 countries. we collect, for example, 4% of all of america's juice pouchs, or 1% of america's chip bags. the challenge here is that the garbage problem isn't going to be solved by recycling. the garbage problem has to be solved by how we as consumers purchase, because nothing can be garbage if we don't purchase it

to begin with. i think that's where we have to reflect. recycling is just sort of a reaction to a problem but will not be the answer. >> it's terracycle.com. that's where they can get one of these, start to learn on their own how to go about this. it's tom zacky. this is interesting. i was very curious to see this today. appreciate you bringing it in and keeping at it. thanks so much. if you have a big idea, let us know about it on twitter. #what'sthebigidea. you can e-mail us. the passion surrounding this year's world cup reached new heights. can't get much higher than outer space. two american astronauts on the international space station made a bet with her fellow krut mate who is a german. he turned the tables, upped the ante on this bet. listen to this. >> these guys said if usa loses, they're going to shave their heads, actually. and first, because i have

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in this digital age, you can do just about anything in an instant. all it takes is a smart phone, a halfway decent internet connection. but for some things you still have to wait. got to wait in line, whether it's waiting to buy that smart phone or your favorite dessert. one man in new york has found all that standing around is worth the wait. he waits in line for you and he will do it far nominal fee. robert samuel is here with me. how much do you charge to stand in line for somebody? >> i charge $25 for the first hour and $10 for each additional half-hour. >> good lord.

and people will pay that? >> yes, they will. >> and at this point, you have employees? >> yeah, i have friends that turned into employees. it was an zeaccident and, you know, let me put this idea to use and see if it can make money. it started to pick up. i told my friends, i'm making money standing in lines. when i helicopter couldn't do i like i need you to go to this nike store. i need you to go to this concert hall. >> what's the longest you've waited? >> personally, it's always the iphone. the 5 and the 5s we've done 19 hours. the longest my company has done, we actually did a reality show competition line for 43 hours. >> okay, let me understand. do they go get their place and then you replace them? or you go yourself and you stand the whole time, the person never has to go there? >> it's up to the customer. if they want us to do a portion of the wait, we can do that. if they want us to do the entire wait, i even have a service where we'll purchase what you want at the end of the line and

ship it to you as well. >> i had to take a sip of water on that one. how did this come about in the first place? >> i was an at&t sales rep and i was terminated ironically for being late, even though i was like the top salesperson in the store. 9:01 meant nothing. came back from disability after having hernia surgery and they had to x me because on paper it was 9:01. when the iphone came out in september, i posted on craigslist, i will wait for your phone, $100, no matter how long it took. i know better now, $100 for $19 hours is below minimum wage. a guy responded from connecticut, he said, i'll pay you. i waited about four or five hours. then he said, i'm not going to use you, i'm going to get my iphone online. but i'll pay you -- still got paid $100. >> help me understand here.

do some people also in line who haven't paid a person in line, do they get upset at the idea that somebody is paying you to be there? they're having to go through this blood and sweat and tears on their own to be here. and somebody like you is holding the place and getting paid for it. >> i always tell my employees that while we're in line, we're doing two things. standing in line and we also did a promote. so we're always telling me, i'm a professional line sitter, here's our card. every line that we've stood in, we've always given out cards. so we're kind of laying the path for the customer. >> last thing here, you're afraid everybody's going to hear about this. anybody can go stand in line. you had to be qualified. you're going to get competition from other businesses. >> you can do it in new york. i have the name, i have the press. and the experience. i'm on msnbc now. >> you got experience in waiting. come on, man. >> it doesn't take long. >> same old line, dude. robert samuel. this is good stuff. in a place like new york, i'm sure you do well.

thanks. >> thanks for having me. still ahead, we'll have an update on some of the breaking news we've been following, including the fact that benghazi suspect is on u.s. soil standing by to be arraigned. a look at the courthouse in d.c., a live report for you coming next. they lived. ♪ they lived. ♪ they lived. ♪ (dad) we lived... thanks to our subaru. ♪ (announcer) love. it's what makes a subaru, a subaru. this is kathleen. setting up the perfect wedding day begins with arthritis pain and two pills. afternoon arrives and feeling good, but her knee pain returns... that's two more pills. the evening's event brings laughter, joy, and more pain... when jamie says... what's that like six pills today? yeah...

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and, of course, make it run microsoft office, with the power and speed to do real work. introducing surface pro 3. the tablet that can replace your laptop. we are following breaking news, an arraignment for the suspect of the 2012 attack on the u.s. consulate in benghazi, it's expected to happen within the hour. a live update coming for you in just a moment. also, baghdad on edge. the iraqi government has launched a counteroffensive against isis, trying to keep insurgents out of the capital city. we'll show you how u.s. drones and jets are supporting the effort. also, pregnant women's rights. a new law in tennessee will put pregnant women who abuse drugs in jail. i'll talk to one of the only doctors in the state who treats pregnant addicts. and a warning from the aclu. the sounding the alarm on

several police departments using military weapons they inherited from the wars in iraq and afghanistan. we'll explain why the civil liberties group says you could or you should be concerned. also, heads up on soccer. millions watching the world cup right now, and the players using their heads to pass the ball around, but there's also a push to keep kids from doing the same. talk to a former world cup player and olympic gold medalist who wants kids to take their heads out of the game. hello to you all. i'm t.j. holmes in for mr. craig melvin today. we continue to follow a story this afternoon, a breaking story today, happening right now at the federal courthouse in washington, d.c. the first suspect arrested in the 2012 benghazi attack will be arraigned within the hour. ahmed abu khattala that you're seeing there was captured two weeks ago in libya after a long journey here on a u.s. navy ship. he was transported to the courthouse this morning. nbc's kristen welker is following developments for us

from the white house. what can we expect in the next really half-hour or so here, kristen? >> reporter: well, the suspect, ahmed abu khattala, faces a number of terrorism-related charges, dating back to that september 11th, 2012, attack against the u.s. consulate in benghazi which claimed the life of ambassador christopher stevens as well as three other americans. sew with will anticipate that we'll learn what those specific charges are. u.s. officials saying that so far he has been cooperative. as you pointed out, he was captured two weeks ago during a raid at a villa outside of benghazi by u.s. special forces. he was transported here on a u.s. navy ship, and then held in a u.s. navy facility, and then earlier today, transferred to the federal courthouse here in washington, d.c. not far from the white house. not far from where i'm standing, so we anticipate that those court proceedings will get under way. of course, this is significant for a number of reasons. this is the first suspect to be brought before a judge in the

benghazi attack. and of course, the obama administration has gotten a lot of criticism for not bringing someone to justice sooner, and of course, the pushback that you hear from administration officials is that they needed to launch an extensive investigation to make sure that all of their is were dotted, ts were crossed before bringing someone in. this is a suspect who had spoken to reporters while he was in benghazi. so he was not exactly in hiding. we should point out, though, he never accepted direct responsibility for the attack. so this was a tricky investigation, which involved a number of government officials, including those with the fbi. now, the obama administration getting some criticism for how it is handling these proceedings, including from kel kelly ayotte. she said, i have serious concerns that conducting a rushed interrogation onboard our ship risks losing critical

intelligence that could lead us to other terrorists or prevent future attacks. i've asked for an update on his status, including whether he has been told he has the right to remain silent. that is from new hampshire republican senator kelly ayotte. a number of republicans saying he should be held at guantanamo. that has been a big fight between the obama administration and republicans who say that these suspects, these types of suspects, terrorism suspects should be held at guantanamo. president obama, of course, saying that he ultimately wants to see guantanamo closed down. so that's the very latest and we anticipate that those court proceedings will get under way any moment now. t.j.? >> kristen welker with us from the white house. we'll be checking back this with you. also today, armed u.s. drones flying over baghdad, drones are part of an aerial force to protect u.s. interests in baghdad as militia forces continue their fight against iraqi government forces in northern parts of that country. this comes as the government of iraqi prime minister nuri al

maliki is under increasing pressure both from the insurgency and political opponents. the prime minister faces a tuesday deadline to form a new government. nbc's chief foreign correspondent richard engel is in baghdad with the details. richard? >> reporter: t.j., things millitarily in this country are in something of a deadlock. baghdad is in lockdown. about 100,000 troops and police positioned across the city. check points everywhere. so this city is trying to fortify itself to prevent the militants from coming inside. that so far seems to have been accomplished and we haven't seen any attempts really by the militants to enter the center of baghdad. the militants, however, still do control large parts of western and northern iraq and the iraqi military has so far been unable to drive them out. that leaves a possible political solution. there's a lot of pressure on prime minister maliki to form a new government to try and form a consensus that all iraqis could unite behind. that's not going very well either.

despite calls from different political parties here for maliki to step down, despite criticism from washington, maliki says he's going to form a new government. parliament is expected to convene here. and there had been hopes that maliki could do a dramatic move, perhaps step aside, nominate a more popular candidate, and change the political calculus in this country. that is to say, a seeming increasingly unlikely. he might try to nominate a more popular government, change his ministers around, appoint more sunnis and kurdish members. but the issue now is really personalized around maliki, and the indications we are getting is that maliki has no intention of stepping down. t.j.? >> all right, nbc's richard engel in baghdad, thank you so much. also, it's a sight you don't often see, a gustnado? a storm chaser captured video kicking up debris and dust in wallace county, kansas.

a gustnado is a tornado-like vortex produced by the heavy winds of a thunderstorm. this one included heavy winds and hail. meanwhile, a tornado, the real deal here, touched down near brewster, kansas. there were no reports of damage or injuries in either situation. meanwhile, parts of the midwest could get a repeat of some severe weather. weather channel's alex wallace with the forecast for us. >> more storms and active conditions to contend with here for our weekend, and even into the early part of next week, we have a storm system moving its way east. not going to be moving that quickly for us, but a lot of moisture creeping in from the south. going to help to lift that warmer air mass into the atmosphere. that's when the thunderstorms start blowing up. some of those could pack a punch. anywhere in the red, that's zone we're most concerned with. damaging wind and hail being the big threat of the day. a few isolated tornados, cannot rule that out. more storms, severe potential from omaha spreading to des moines and minneapolis.

the tornado risk increases a bit tomorrow. monday, still looking for the storm. chicago, you're include down towards st. louis, kansas city, and even into parts of the southern plains. it's not just a saturday thing. multi-day event of having to deal with scattered showers and storms. meanwhile, the northeast about as picture-perfect as can be through the weekend. high pressure is in place, settling on in. we'll see a few clouds, but a lot of sunshine, very comfortable for the beaches and whatever plans you may have. t.j., we'll send it back to you. >> alex wallace, thank you so much. i'd like to say welcome to all you viewers who have been watching brazil and chile go at it in a very tense match. just moments ago, this thing ended. brazil defeated chile in a penalty shootout 3-2. you see the home -- i say home crowd. this is home country reaction. brazil advances now to the next round. chile is eliminated. this was the first match of the elimination round of the world cup. it was a doozy.

u.s. taking on belgium on tuesday. also, just ahead, what the aclu calls police militarization. departments across the country have received military hand-me-downs from the wars in iraq and afghanistan. now the civil liberties group says this may not be such a good idea for the communities police officers protect and serve. also, we've been talking a lot about world cup fever. the global competition heads into the knockout stage and there's a warning for parents with little soccer stars. i'll talk to an olympic gold medalist who wants to keep your kids from heading the ball. we'll show you what that means.

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the american civil liberties union is sounding an alarm over

what it sees as the militarization of local police forces in this country. it looks at the use of military equipment across the country. it found that most of 80% of swat deployments were to execute search warrants. 7% were for active shootings, hostage or barricade situations. so let me bring in norm stamper, a former seattle police chief and jim cavanaugh, an msnbc law enforcement analyst. norm, let me start with you. is it really a matter of some of the military style gear and equipment that the police officers are using, or is it a matter of the actual aggressive tactics that's the problem? >> it's both. one of the things that we have to recognize, of course, is that police officers are not soldiers. soldiers follow orders for a living. police officers make decisions for a living. and the decisions we're seeing, particularly in support of drug raids against suspected nonviolent drug offenders are

producing horrific consequences throughout this country. >> jim, what we're talking about here, the aclu found that the swat team raids involve drug searches in private homes. a couple widely reported cases where children have been injured in the middle of the night in some of these raids. so is it really the tactics, and frankly, some of this -- the officers are going in the middle of the night into a home. they're not sure what's there and they are being aggressive. >> that's right, t.j. look, no raid should happen at 3:00 a.m. in the federal service, the federal rules of federal procedure don't allow it to be served at that hour. secondly, what failed in that georgia case where the child was injured in the crib was lack of surveillance to find out what's going on there. the person they had the warrant for wasn't even present. >> so are we seeing, is there some shift then that -- is there

some -- are we lacking in training in some way? is there some shift where they are being a little more aggressive, or maybe we're just pointing these situations out a little more? what is it? >> well, what happens is the tactical side of the house in the police service overcomes the negotiation side, the surveillance side. so what executives have to do is they have to emphasize their negotiating elements and emphasize their surveillance elements. put as much energy into those two things as you do into the tactical operator side and you'll have a better balance. i would agree with the chief that just said the drug raids, minor drug raids -- it's used too many times on minor drug raids. i totally agree with that. i think it's overused in that. surveillance can get the person away safely. and you don't need to do a dope rescue. we don't rescue dope. >> norm, let me bring you back in here. you know as a police chief, it's protect and serve, but a lot of what police officers do is about pr, and public relations. and these look awful for police

departments when you have a child who is injured in the middle of the night when his parents -- and nothing in the house is found, when some of these aggressive tactics are used. i guess what is the damage that you see being done to the community when things like this happen and word gets out that things like this are taking place? the message it sends to the public. >> well, it looks bad because it is bad. i think we need to start with the drug war, which has made enemies of tens of millions of americans right here in domestic life in the united states. we need to look at the damage that has been done the our constitutional guarantees, particularly the fourth amendment. let's assume for the moment that there's a legitimate case to be made for a swat operation, and there are times and places. you've mentioned them. barricaded suspects with suspects who have seized hostages. that is an appropriate situation that calls for a swat operation. going after half a baggie of marijuana at 3:00 or 4:00 in the morning is really -- i hate to

say it -- insane. i think what's happened is american law enforcement has got caught up in the largess of the federal government handing out department of defense or homeland security military grade equipment to local law enforcement. >> do they really need -- i mean, there are some cases, would you say, norm, where it could be nice to have them? or do you think they don't really need these military style armored vehicles, things along those lines. just no use for them at all? >> i think there is a time and a place. i can tell you right now, i was in the -- arrived in the immediate aftermath of the so-called mcdonald's massacre in san diego back in 1984. had we had an armored personnel carrier, we could have driven that vehicle up to or through the door of the mcdonald's and ended the carnage earlier.

so there is a time and a place. but what's happening is that we've seen this vast proliferation in support of drug enforcement usually in this country that has produced devastating and tragic consequences for so many elderly people, young people, family pets, police officers gunned down in the line of duty. >> jim, let me bring you in. my last 30 seconds i have. you follow up on anything you have there. but i also wanted to ask you about the fact that will there are some 300 million guns out there in this country, and the idea of having that kind of armed populous, does that contribute to the use of some heavy duty gear and more aggressive tactics we're seeing? >> well, like norm said, you need armored vehicles. you have to protect the tactical officers who are some of the best in the country. a kevlar helmet and armored vehicle is protection from being shot. sometimes you want to use the armored vehicle to put your negotiator up front and to get

him there safely so he can interact with the people. so there's a need for it. norm's argument, and he makes a great point, is it's overused, especially in small drug cases and needs to be tamped b eed ba. sometimes you need to start with surveillance, which makes it safer, and even surround and call by a negotiator that says we have a warrant and you need to come out. so we need to change the tactics. >> former seattle police chief norm stamper, jim cavanaugh. gentlemen, thank you both. i'm pretty sure this will not be the end. a wide-ranging report here. a lot to get into there. thank you both for being here. >> thank you. >> about 20 minutes past the hour now. a new debate over pregnant women's rights. a new law in tennessee will put pregnant women who abuse drugs behind bars. talk to one of the only doctors in the state who treats pregnant women who are also addicts. all really want... ...is more. there's a reason it's called an "all you can eat" buffet. and not a "have just a little buffet".

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we've trolled twitter, asked all of our facebook friends, and this is what they told us is trending at this moment. the miss florida pageant has made an about face after crowning the wrong winner. 20-year-old elizabeth bechel was originally named the winner, but she had that crown taken away five days later. the pageant official says a judge changed his mind about who should win in the final seconds of his voting time. he drew lines on his ballot to reverse it. an audit then of the tabulation error wasn't completed until days later. the first runner-up, victoria cowen, is now your miss florida. and to continue on this beauty pageant theme, there's a new miss delaware. could you imagine, 24 is too old. 24-year-old britney lewis was crowned thursday after the original winner 24-year-old amanda longacre was stripped of her title. why? because she's too old. let me help you understand here. 24, yes.

but she'll turn 25 in october. that's a problem. lawacre says she was informed that miss america can't be older than 24 during her year-long tenure. 24 is too old. ain't that a mess? also, people are buzzing about the new deals on iphones, all part of an effort to get current users to upgrade their devices. wal-mart dropped its price of the iphone 5s and iphone 5c to $29. is that a typo? $99 and $29 respectively. that's down from $149 and $49. as we get close to the bottom of the hour, we're keeping an eye on what's happening in washington, d.c. and what's going to be happening to that man. you saw the picture. we've been talking about this. the suspect in the 2012 benghazi attack on the consulate in benghazi. he is on u.s. soil, arrived here hours ago, and now expected to face a judge for an arraignment at any moment. we'll have the very latest. stay with us here.

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we're coming up on the bottom of the hour. the breaking story we've been following for the most part of day, the suspect arrested in connection to the 2012 consulate attack in benghazi, libya, is inside a federal courthouse in washington, d.c. he will hear charges read against him. ahmed abu khattala that you see there was captured two weeks ago in a raid in libya. he has since been held on a navy ship. this morning, though, khattala was transferred to a d.c. federal courthouse. so far, there are reports that khattala is cooperating. a number of charges against him expected to be limited. journalists started filing into the courtroom about an hour or so ago. our pete williams among them. we're going to check in with pete. he's in the courthouse right now. when he's able to give us an update, we will check in live with him. also, some other stories making headlines today that we are watching at this hour. rain in the midwest where the

mississippi river has already spilled over into the streets. homes and businesses, st. paul, minnesota, a state of emergency there is in effect, remains in effect after the river crested. forecasters predict another inch or two of rain this weekend. south dakota, wisconsin, iowa all also trying to stay ahead of severe weather. not typically seen this time of year. and a single engine, a small single engine lost contact with controllers and crash-landed in the delaware river. this happened just a short time ago. police say two passengers onboard were pulled from the water in new jersey and are being treated for what we believe are non-life threatening injuries. no word yet on what caused that crash. and a year after her marathon filibuster against abortion restrictions, wendy davis has officially accepted the texas democratic party nomination for governor. she addressed the state's democratic convention last night where she urged democrats to

replace the quote "good old boy network." she remains behind greg abbott in the latest polls. tennessee is about to make history on tuesday. and launch a new debate about the rights of pregnant women. that's when the state becomes the nation's first to make it a crime to abuse drugs while pregnant. it's been the subject of intense debate since the law was signed back in april. some physicians are struggling with how to implement the law once it takes effect tuesday, without scaring women away from drug treatment. dr. jessica young joins me now from nashville. she runs the obstetrics drug dependence clinic and specializes in treating drug addicted pregnant women. doctor, what are you nervous about starting tuesday? >> what i'm particularly nervous about is how this law is going to affect women and their fears about getting care.

i find my patients are often already afraid to admit their problems and seek care, and i'm concerned that this is going to either drive them from seeking care until it's way too late, or cause them to try to self-detox in an unsafe manner that's unsafe for them and for their fetus. >> you actually make a point there, and you say a woman who is addicted to drugs and may be pregnant, she actually -- quitting cold turkey, even though that might sound like the great thing to do, stop using drug drugs, too, that can actually harm the baby. explain a little bit. >> that's particularly true for the class of drug that we are seeing most frequently, which is opioids, such as heroin, morphine, oxycodone. that class of medication cannot be stopped abruptly without causing severe withdrawal symptoms, and though for moms,

that isn't life-threatening, for a pregnant woman, it can cause pre-term labor. it can cause miscarriage, stillbirth. if those withdrawal systems are happening repeatedly throughout the pregnant circumstance it can cause the baby not to grow well. so stopping immediately opiates is very dangerous for pregnant women.baby not to grow well. so stopping immediately opiates is very dangerous for pregnant women. >> what is your understanding of the law there, a pregnant woman using drugs, can she actually be thrown into jail, or a woman that has already had the baby and then the baby shows some signs -- that there has been drug abuse on behalf of the mother and that's when she can be thrown in jail? what is your understanding and reading of the law? >> well, it's a little unclear, but from what i gather is that what happens to the baby after birth. so if the baby has problems after delivery, then that is when charges can be pressed.

>> okay. and we are seeing the numbers in tennessee, 921 babies born, dependent on drugs this year. over 250 this year. what are you seeing there, why, and what do we need to be concerned about here, more specifically? >> it's a huge problem in our state, and starting to be a huge problem in other pockets of the country nationally. and part of the reason for that is the ready availability of these drugs, of opiates to average people. and part of that is due to overprescription of opiates, and part of that may be due to pain clinics and pain mills, things like that that prey on these populations of people. >> all right. again, dr. jessica young vanderbilt university. we appreciate you taking some time. we absolutely will follow up with you. this law again goes into effect

on tuesday, the first of its kind in this country and we shall see. dr. young, thank you so much for your time and your expertise. >> thank you so much for having me. >> we're about 34 minutes past the hour now. up next, president obama, is he abusing executive power? that's the message from the gop. house speaker john boehner and etch the supreme court trying to reel the president in. we'll break it all down with the brain trust. we've got a good group today. shoulder pain... ...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring] "roll sound!" "action!"

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da dana millbank. and amy holmes. welcome, good to see you all. angela, let me start with you. supreme court saying they've gone too far with some of these department, in particular the labor relations board. what happens now? what are the real implications maybe for the rest of this presidency and the next? >> well, there aren't any real implications because a lot has changed since this lawsuit went forth, and since the obama administration challenged the ruling of the court of appeals. so since then, the senate rules have changed. now the president really doesn't need to have any recess appointments. the irony here, and i think the bigger frustration for those progressives among us, is that the president's numbers for recess appointments are so very low. this is a practice that has existed literally since george washington, and most of his predecessors from reagan to h. w. bush to bush and clinton all had significantly more

recess appointments than this president. so it makes you wonder what's so different about his authority and what, in fact, frustrates the gop so much that makes him want to sue this particular president. minds can only wonder. >> on that point of suing, we always like to quote some of the pieces you write. but you write on your latest, republicans are tying themselves into ideological knots. they are embracing long-shot litigation after lamenting activist judges, they are now insisting that judges be more activist and shed their long-standing reluctance to adjudicate disputes between elected branches. this lawsuit, is this going to just blow up in their faces? >> well, no. it's going to last for years, and however it's resolved, president obama is going to be in the history books by that point. i am very sympathetic to what john boehner and the republicans are saying here. there has been this dramatic shift, loss of power in the

legislative branch at the expense of the executive branch. of course, it's not just the obama presidency, it's been going on for a couple of decades now and was very pronounced under george w. bush. the question is what do you do about it? filing this lawsuit, they're probably not going to be granted standing to proceed with the suit anyway. even if they are, obama will be gone when it's done. what they need to figure out how to do, this congress and all congresses, is legislate so they can be an effective kou ivive counterweight to the president. >> let's bring in what the president said on "good morning america." and amy, i'll bring you in on it. >> i'm not going to apologize for trying to do something while they're doing nothing. >> even if you get sued? >> you know, the suit is a stunt. but what i've told speaker boehner directly is if you're really concerned about me taking too many executive actions, why don't you try getting something

done through congress? >> and he referred to him as speaker boehner, or as dana refers to him, the prince of ohr. this is not much of a showdown. how is this going to play out other than looking like a stunt? >> there's a lot of debate whether or not congress has legal standing. chief justice said this is a political problem that needs a political solution, so i don't necessarily think that the lawsuit is a great idea on its legal merits. but in terms of drawing attention to the overreach and abuse of executive authority by this white house, the supreme court ruled unanimously that what the white house tried to do when it came to this recess appointments was a clear abuse of executive power and the separation of powers, and just to dispute how it was being characterized before, what happened here was that the white house looked at the senate and

said we don't see any business going on, so we have decided that you are in resent when, in fact, the senate was not. under senate rules, they were still conducting business, pro forma sessions. this has gone on under both democratic and republican leadership. so what was at issue here was the white house does not get to dictate to the senate. we don't see people giving speeches on the senate floor. therefore you're not in session. therefore we'll make recess appointments. >> dana i think that was you i heard under your breath. >> i agree, but of course, if you're going to look and say when does this senate or the house appear to be in session or doing work, they never appear to be doing any work. >> that's exactly work. >> i can assure you, usually the senate floor is empty, but they are in session. >> pro forma is a matter of form. >> hold, you're all trying to speak at the same time. dana, you finish your point, and angela, you jump back in. i promise amy, you're getting back in there. go ahead, dana, finish your point. >> this was a spanking of the

obama administration. it was a unanimous decision, etch wi even with the liberal justices, etch with this president's former solicitor general. i don't think there's any way around that. but, you know in a larger sense, i think that the president does make a fair point in saying you don't want me to take executive action? how about you guys take some legislative action. >> angela, go ahead. >> there's a couple things. one is we're back to this recess appointment point, but we were on the executive orders point. but relative to this recess appointments issue -- >> it wasn't a recess appointment. the senate was not in recess. >> i'm sorry, to my point, recess appointments, pro forma is as a matter of form. staffers aren't at work. when you were there, you were in jeans. >> i was not, actually. >> that's fine. the point is they weren't technically in session. it is two lawyers. i'm a lawyer. it is to lawyers to decide how to argue and interpret the law. that is the role of the justice system.

so it's fair for them to try. and yeah, they lost, today that's point, but they were trying because nothing else was getting done. to my earlier point, this is an issue that's moot because it's no longer needed. >> they were trying because they were trying to get out of their constitutional responsibility to get advice and consent from the united states senate. >> no. that's not what they were doing. they were trying to ensure that the labor relation board function -- >> go ahead, amy. >> the president and his overreach has also been bipartisan. if you remember the release of taliban five, the administration did not inform congress as was required by the law that they were releasing these terrorists basically to qatar and on the loose. they even got criticism from senator dianne feinstein, a democrat from california, who is the chair of the senate intel committee, who said you needed to tell me and you needed to do it long before after it was done and she got an apology, a call apologizing for doing that. >> to everybody -- to everybody. the reason we're here, and dana, you pointed out in your piece, that yes, as you said, it was a spanking that the president and

the white house got. but who is at fault here? he feels like he has to make the move because they're not making any moves in congress. so amy, i will start with you here. on that point, what else is the president to do, if nothing in his opinion is being done, he's left with no other options but to try something because they're not trying anything. >> t.j., he's required to follow the law. he's required to observe and respect the separation of powers. which, by the way, as a senator, he campaigned against george bush for exactly this behavior. he even trotted out his own expertise as a constitutional scholar to say he will respect the separation of powers. the supreme court said to him this week, you didn't and you're not supposed to do it again. >> everybody, stand by for a second. we may get to continue here, but we've been following this breaking story out of washington, d.c. where the suspect in the benghazi attack has been in the courtroom today. ahmed abu khattala, suspect behind that consulate attack allegedly. nbc justice correspondent pete williams has been inside that

courthouse. pete, you got me on the line here now. you've been in the courthouse. what do we have? >> reporter: the hearing has just ended. it was, as we expected, brief. it lasted about ten minutes. he was led in wearing a blue hoodie and dark pants and he stood and got on earphones because apparently he doesn't speak english. a translator explained to him what was happening. he was given a charge of one count filed bay grand jury of assisting terrorists, conspiracy to provide material support to terrorists. he was appointed a federal public defender. he'll have a status hearing on july 8th and a detention hearing on july 2nd. but it was a very brief proceeding. he doesn't speak much english. i think he looked a bit dazed. we were told by authorities that he was just brought to u.s. this morning after a roughly two-week trip on a may navy trip from th mediterranean, from libya where he was snatched, and flown to

washington, and to the u.s. courthouse he was driven this morning and just had this hearing that ended. so he's now formally charged. the government will be filing more charges against him. we were told that one of the reasons they timed such a bare bones indictment is that they at this stage don't want to disclose all of the witnesses and evidence they have. but we're told that more charges will be coming. the charge he faces right now does not bring the death penalty. but it's quite possible that they will file charges that could bring the death penalty for what the government says was his involvement in the attack on the benghazi facilities almost two years ago. >> and pete, again, where will he be held? i'm not sure if they exactly tell us that. but you speculated there were a couple option where is he might be held and might be headed now. >> right. the officials that i've asked have declined to tell us that. there are two options. one is in the d.c. jail here in washington. the more likely option seems the federal -- or a detention center just across the river in alexandria, virginia.

that's where the government held masowi a decade ago. they have some experience in holding these defendants. that would be my guess, but we just don't know. >> pete williams has been in the courthouse for us and reporting for us throughout the day. pete williams, thank you so much. about 12 minutes to the top of the hour. the breaking story is that the suspect in the benghazi attacks, the only one charged now, now formally charged. he is here on u.s. soil. stay with us. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america.

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hard fought overtime victory for brazil in the world cup competition. brazil will now move on. the next match getting started. the u.s. taking on belgium. world cup fever. everybody is loving soccer. as we have all seen the

beautiful game could be very physical one at times even taking a bite out of the competition as we have seen. though soccer does not have the violent reputation of some other sports, some are now questioning the health effects of heading a soccer ball. there are new warning signs about the sports impact on young athletes with developing brains. girls in soccer are second only to football players in the number of reported concussions. some stars of the sport are coming forward to try to change the rules of the game. she was the team usa goal keeper during the 1999 world cup win and is a two-time olympic gold medallist. thank you so much for being here. it's a treat to get chance to talk to you. we don't think about this at all.

we don't think about concussions, to see that stat that little girls are reporting all of these concussions. just how bad of a problem is it and have we studied it enough just yet? >> great to be here. that stat is rather startling. i read that stat myself several months ago. that's part of what made me get into the ring of making people more aware of the dangers of heading for youth and recovery for concussions. >> have you had some personal issues. have you dealt with concussions throughout your career for heading a ball. >> not for heading a ball as i was a goalkeeper but a blow to head did end my career in april 2010. i've been very vocal about the struggles i've had and trying to become a voice for youth sports safety in the united states with

regards to soccer. >> we're talking about heading a ball. we see it constantly. you're seeing headers all the time. are they also taught in that prevalent as well in youth soccer. >> they are incredibly prevalent in youth soccer. i feel a child is not need to learn how to head until age 14. there's research that shows there's still crucial brain development happening before age 14. why not just be safer. why not air on the side of safety. there's no reason for the youth to learn how to head until age 14. once they are taught they have to be taught properly. >> a couple of things here. one, why the age 14. why that age and why not into the high school years? >> current research is showing that there is very critical brain development going on between the ages of 10 and 14 that may not be occurring as much after age 14. why not just air on the side of

safety. also if you were not to teach children how to head until age 14, they would probably become more efficient players playing the ball on the ground more and being more proficient at that aspect of the game than heading. >> what does it do to the game? what does the game of soccer look like if you don't, if you're not able to use your head? everybody is watching soccer now and we're seeing plenty of goals being scored by headers using it for defense. how does it change the game? >> it would change the game slightly but i really feel that if proper technique is used, if proper understanding of what the dangers are are understood that heading will still be fine in the later stages of life. for the high school and college and also professional. if everybody adheres to a rule it won't change the game all

that much. just learn it later on and might be better. >> all right. my last 30 seconds here. this is big because it depends on how far the u.s. goes in this tourname tournament. everybody is watching. people excited about the possibility of soccer catching on or taking some steps forward in this country. we don't want to scare people off necessarily to soccer in some way. it's not what you're doing. you're trying to educate as well. do we have to strike a right balance, if you will? >> absolutely. that's one of the things that i tell parents mostly when i do different speaking engagements around the country regarding heading safety. i tell parents i want your kids to enjoy the beautiful game of soccer and play and be active as much as they can. i just also want you as parents and coaches to understand the dangers and be safe. a child will still have great time playing our beautiful game whether heading before age 14 or not. why not air on the side of safety. >> all right. it's a pleasure to talk to you here today. hope we can get you back and

talk nothing but world cup and nothing but soccer. good to see you. thank you so much. >> thanks, t.j. go usa. >> i'm going to right now. i'll be back tomorrow. chocolate is my other favorite... oh yeah, and frosted! what's your most favorite of all? hmm...the kind i have with you. me too. then you'll know how uncomfortable it can be. [ crickets chirping ] but did you know that the lack of saliva can also lead to tooth decay and bad breath? [ exhales deeply ] [ male announcer ] well there is biotene. specially formulated with moisturizers and lubricants, biotene can provide soothing relief and it helps keep your mouth healthy, too. [ applause ] biotene -- for people who suffer from dry mouth.

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