courthouse in indianapolis this morning and is expected to enter his plea there this hour. now, according to documents released by federal prosecutors, fogle engaged in sex acts with a minor at least once. joining me now, nbc news justice correspondent pete williams in washington. pete, what else have we learned regarding what's been released by federal prosecutors? >> this all started from a complaint from a woman in indiana about a man named russell taylor who was director of the jared foundation. this was a foundation that jared fogle set up to encourage healthy habits and to fight childhood obesity. russell taylor has now been charged with producing child pornography, and according to these court documents, tamron, the court -- the prosecutors say that jared fogle knew russell taylor was basically filming underage children in his house using hidden cameras th, that jd

fogle received some of these images, both pictures and video, and the prosecutors say he knew about this. if he had told the police then about what russell taylor was up to, the production of this material would have stopped and fewer children would have been victimized. so that's the first count of what he's agreed to plead guilty to, receiving child pornography. and in the second count, he's charged with basically traveling interstate to have sex with an underage prostitute. they say in november of 2012 and again in january 2013, he had sex with a 17-year-old, paid her for it, and, according to the court documents, she told him that she was underage and she also told the authorities that she believed he was also having sex with a 16-year-old prostitute. so that's the extent of the charges here. and, in addition, he's agreed to pay, according to these court documents, almost $1.5 million to these minors, the children who were photographed by russell

taylor, and also the two that he had sex with in new york. that's $100,000 apiece. and as for the penalty, it could range between five years and almost 13 years in prison. he will not be sentenced today. that will happen later this year. >> and pete, regarding the investigation, as you mentioned, the charity with the man who jared tapped to run his charity here, quite naturally people wonder whether or not this is a larger investigation. many times we see in the justice correspondent these huge child pornography stings that involve many layers and even people from other countries. is there any indication that this is larger than this expected guilty plea from jared fogle and the individual who ran his charity? >> no. no suggestion of that at all. now, the russell taylor case is separate. it's not involved in this plea today. he's facing separate charges. he hasn't agreed to plead to anything. but the government makes the

allegations against him in this indictment, in the information, rather, and in the plea agreement that jared fogle has agreed to. fair question, but there is no indication here that this was part of a larger ring. >> thank you very much, pete. let me go now to nbc's kevin tibbles. he is live in indianapolis. we also have msnbc contributor van zandt and activist of children for survival. i know we are expecting a press conference at some point 12:30 local time there. >> well, i'm just outside the federal courthouse here, and it's our understanding that jared will be appearing shortly with regards to this plea deal that seems to have taken place here. we have been told to be prepared for some kind of a statement. we are not sure who that statement is going to be coming from, although we have been told that jared may actually be

making a few comments himself. i can also tell you, tamron, that the sentiments of the people, and there is a small crowd that has gathered outside the courthouse here, the sentiment is unanimously one of shock that obviously this is a man who is known to many americans because of his advertisement for the subway corporation, but also, as you were just talking to pete about, the fact that he is also involved in charity organizations. many people have now gathered outside here to see what goes on in court, find out how long jared has agreed to go to jail for this, but also perhaps to hear a few words from the man himself. >> right now we should point out that subway tweeted out a quote that we no longer have a relationship with jared and have no further comment. kevin, we know that they dissolved the relationship with jared fogle when his home was first raided earlier this year. >> yes, you're absolutely right.

as soon as this story broke, or perhaps more importantly, as soon as the police raided his home, subway did sever its relationship with jared fogle and continues to have severed relations with him, but the bottom line is that jared fogle was the spokesperson for this company, did lose more than 200 pounds, advertising that he had done so through eating this company's food, and now, obviously, mr. fogle has made a plea deal with regards to the charges that he faces, child pornography charges, underage prostitution charges out of new york, i understand, and people here in indianapolis are simply in a state of shock. >> i can imagine. so what else do we know, kevin, about the ex-head of the nonprofit foundation and the charges that individual is facing? >> reporter: well, i guess at this point all i can tell you, tamron, is what has already been reported, and that is that the

former director of this charity is also in trouble with the law with regards to child pornography. and somehow his relationship with mr. fogle has now also come to the fore with regards to law enforcement. i assume that we are going to be learning a lot more as this plea bargain situation takes place in the courthouse behind me. >> kevin, let me now bring in msnbc contributor profiler van zandt. she is in charge of a foundation for child abuse. first your reaction as to how this played out. it started with an investigation tied to the man who was in charge of jared fogle's nonprofit, the nonprofit that was supposed to be helping children who are suffering with obesity, and now some of the allegations against that man is

that he recorded children as young as nine years old in the bathroom of his home. >> it's vile and it's pernicious to think that adults would use a charity to exploit them for sex pornography, whether it's for images or actual sexual abuse. we harken back to the sexual molestation of jerry sandusky. it is never important to have full access to the child. >> as pointed out by pete williams, it does not appear this investigation will expand beyond jared fogle and the other individual who is facing charges, but as pointed out, it seems all too often we've done news stories on these huge child pornography rings that extend from the united states to europe and other parts of the world where the internet has made it easier for these people to find each other. it's also made it easier for authorities to catch them, but

they are able to connect and create these huge underground worlds. >> you're definitely right. and as far as i'm concerned, there is no fine line between child pornography and child sex abuse. there is no line at all, because these are images of children either unknowingly or in the process of being sexually abused. the fact the government stomped down on this as quickly as possible is a very good sign. we cannot have tolerance for these kinds of sex crimes on kids. >> just on the profile of someone like jared fogle, obviously being a celebrity does not prevent you from committing crimes, heinous crimes, as in this case he's expected to plead guilty to. but here's a man for years was the face of subway, billed as this all-american guy that could be you if you're facing a weight battle. he's a father. i believe he has three children. he made some $15 million, according to one report that i read, as the pitch person here.

profilewise, what stands out to you here? >> well, we've got a number of things going on here, tamron. number one, the business relationship, business or otherwise, between russell taylor who managed the chartable foundation for jared. realize that taylor, when he was arrested within the last few weeks, attempted to commit suicide, and the authorities were slow in bringing him before a judge and others, and i think the reason why, they were using him, they were developing information from him that would link back to jared fogle. now, as pete williams reported, fogle has allegedly offered to pay over $100,000 to each of up to 14 different victims, so one wonders how many total victims there is going to be. you know, you and i remember when chris hansen used to do "to catch a predator" on nbc, i

remember chris and i talking at the time, and there were easily three-quarters of a million predators on line pulling down information, pornography, trying to develop inappropriate relationships with children at that time. and i think as your previous guest indicated, this is just a very small part, and could this be a ring that these two, that taylor and fogle, were heading up? not necessarily so, but once you start putting that pornography out on the internet, a lot of different people have the ability to pull it down and pass it on. so i don't think this investigation is over with at all. >> we'll see what happens as, again, we're expected to hear from the u.s. state attorney josh minkler from the southern district of indiana around 12:30 today to get more information on these federal charges in the jared fogle case. thank you both for your time. we greatly appreciate it and we'll continue to follow that breaking news for you on msnbc. turning now to politics, and we're following hillary clinton's defense of her use of her private e-mail server while

secretary of state. after a town hall meeting in las vegas yesterday, clinton responded to the latest report that there was an attempt to wipe her server. while addressing reporters, she laughed off questions about why the server would have been wiped. >> you were the official in charge. did you wipe the server? >> with a cloth or something? >> you know how it works digitally. did you try to wipe the server? >> yoi don't know how it works digitally at all. >> in another one, clinton attempted to say there were no discernible markings on her e-mails and tried to wipe out questions of the server. >> no matter what anyone says, the facts are stubborn. what i did was legally permitted, number one, first and foremost, okay? number two, i turned over, out of an abundance of an attempt to be helpful, over anything that i

thought was even vaguely related. >> you heard the inspector general say there are hundreds, they believe -- >> ed, you're not listening to me. ed, if it were -- >> you're an independent inspector. >> if it were a government account, they would be saying the same thing. >> either way -- >> well, look -- >> classified information got out. >> this is -- first of all, that is not in any way agreed upon. that happens any time in efforts to say what can go out and what can't go out. >> politico notes this morning some of clinton's long-time allies are not happy with her response saying they're, quote, increasingly worried that she'd she's learned little from past scandals and it's her tendency to mount a defense that she has something to hide. her private server was handed

over by her and her attorney. two sources close to the process tell nbc news that even though her staff confirms that the service was wiped clean, they can consider some discernible data. marco rubio had this to say yesterday. >> it is concerning. i think it shows, quite frankly, incompetence on her part to not know that this was important information she needed to protect. >> and there is a new poll out, yes, another one this morning, showing that clinton is continuing to take a hit with voters amidst the scandal. helping me now, senior politics editor amanda turkel. thank you for your time. >> thank you for having me. >> let's talk about these insiders. these reporters of hillary clinton are increasingly nervous about how she's handling this. what do her supporters want her to do at this point? >> i think they wanted her just to get it all out there.

she only recently released the server to the justice department. why not hand it all over, server, e-mail, thumb drive, everything she has up front, get it out there and say, it's out of my hands, it's all there. instead in many ways the campaign has been letting this dribble out there little by little, which is what happened during a lot of the scandals in the clinton administration, things like whitewater, where they didn't just go away. it's not that it made voters necessarily turn against them, not vote for them, but it was always nagging them. i think many insiders and supporters of hillary clinton are just sort of confused about why it seems to be happening all over again. >> which is also very intriguing. you named, for example, whitewater and the list goes on and on about scandals, if it's to be called that because none of this ruined her political career or bill clinton's political career. they did not end up behind bars, as many predicted, for decades now for various alleged offenses. with that said, it is intriguing

that she underestimated, if that's the right description, how long this would linger and the potential that it would have injuring her somehow in the polling. >> right, because everything clinton is doing is under scrutiny and everything she does, republicans are going to make a big deal out of. i think there is some that republicans could overrate as they did with the scandal in the '90s, and they ended up rallying around clinton saying, you guys really went too far on this. there is risk. hillary clinton likes to say she is a survivor, the clintons tend to survive. people sort of underestimate and they come out more on top than people think they will, and that could happen again. she's set to testify before republicans in congress on october 22nd, and that performance, i'm sure they're getting ready for that and that will be very interesting to see what sort of relationship clinton has with the republicans and whether they do go too far. >> i know that you and others

have noted for voters this does not seem to be the top issue, so how do we reconcile, then, it being highlighted as the reason that she's dipping in some of the polls? >> i think right now there isn't a lot of other information out there. this is dominating the news cycle, and will it dominate into the general election? who knows. that's a long time. but the problem with these scandals that just seem to sort of linger is that they play into that narrative that republicans want to build, that this e-mail scandal and things like whitewater, they're a little complicated. you may not know what's going on, but it seems like the clintons have something to hide. that's the narrative republicans want to get out there, and that's why they're trying to keep it in the news, and that's why a lot of democrats say hillary just needs to come clean on all this. she needs to do a good job on october 22nd and really show that this is just part of republicans going after the clintons like they always do. >> thank you. out of new hampshire tonight, the top two candidates are

taking part in dueling town hall meetings at exactly the same time. donald trump and bernie sanders will be in town halls just minutes apart. trump will be in derry, new hampshire, and jeb bush will take the stage in merrimack. jeb bush said he figured it would be a good time to draw a crowd. the other candidates will take part in an education summit. later today both john kasich and chris christie will also hold a town hall. katie terr joins me. katie, you clearly wanted the headline, trump draws thousands, while a few show up for jeb bush, if that is what will play out. >> you certainly can give it to

donald trump, they know how to make an entrance. they scheduled this rally here in new hampshire knowing that some candidates would be here today, and it's no mistake this rally is happening at 6:30, the exact same time as jeb bush's rally just one town over, about 20 minutes drive, and that's what he's doing. he's going to steal all the air out of the room, draw the attention away from jeb bush and over to him. ly fiorina, scott they're all talking about education issues and the common core. donald trump will not be talking about education issues. he's here to perform this rally. he'll be hitting on the mill tempora -- military, he'll be talking about his immigration plan. jeb bush will do the best he can to ignore donald trump, try not to call him the big personality in the room, but he's being forced to respond to him, on monday having to respond to donald trump's immigration plan that he put out there, saying it

was just basically unrealistic. so as much as the other candidates, including jeb bush, are trying to back away from him, trying not to respond, they're being drawn in because donald trump knows how to make an entrance. he knows how to steal a show, and that is exactly what he's going to try and do tonight, not just with the press but also the voters in this area. >> katy tur live for us. gop candidates are taking part in an education summit this morning. it's being hosted by the news site 74 and the conservative group the american federation for children. each educator's platform, the spotlight is on where each candidate stands on common core. they have most talked about the standards, but not all have been against it from the start. and that includes jeb bush who took the stage first this morning to discuss his new views on common core. >> there should be a test to measure how a child is doing, and it should be based on

learning gains. i mean, the whole focus here is a year's worth of knowledge in a year's time. we should be all in on that subject. because when we neglect that, the kids that are left behind are kids in poverty, african-american kids, hispanic kids, then we blame it on the social circumstances of their life. and that is what a former president called the soft bigotry of low expectations. >> carly fiorina and ohio governor john kasich also took the stage this morning, and later this afternoon, the group will hear from governors christy walker and bobby jindal who is suing the government over common core. it is kaitlyn emmett live for us at this summit. kaitlyn, thank you for joining us. >> thank you so much for having me. >> you have an article up right now on common core, jeb bush is a party of one. you start out by saying the republican flip-flop on the common core is nearly complete after chris christie came out against common core. why, again, are we seeing some

of the candidates struggle with this issue? >> right. well, i mean, what you would think is a lot of people are saying it's just a politically convenient move to come out against the common core as you're ramping up your run for president. right now jeb and john kasich, ohio governor john kasich, are the only two supporters of the common core here at the summit today in new hampshire. but you're seeing time and again, with jindal, with chris christie, with scott walker, they initially supported the common core and they signed on to the common core, and as their presidenti presidential ambitions have ram ramped up, they're feeling the need to cater to more conservative voices. you've seen all three of these states move away from the common core, and jindal is even suing the federal government over the common core, so there is plenty to talk about with the standards. >> as you pointed out, this is the first time in this education cycle that it's been the main

topic, much like what we see in the debate over obamacare for those like, for example, scott walker who says he wants to repeal it. people who are against common core asked these candidates, what would you like to see in its place for us to move from essentially the bottom in so many areas of measurement regarding our education against the world standard to a better place for our students? >> right. well, you're seeing now with jeb bush, a lot of his focuses around, well, if you're not going to do the common core, you have to do something better. he said yesterday the name common core has just become toxic, but what is important is the idea of higher standards. but then you have candidates like carly fiorina, bobby jindal, who are really sticking with this message of the common core is a federal mandate that was created by the federal government, that it's being pushed by the federal government. you know, none of which are true, but it's an easy sort of thing to fall into when you're

amid all this conservative pushback, when you want to appeal to that conservative base. >> it will be interesting what else comes out of this summit today. kaitlyn emmett, thank you so much for your time. developing now, three people are missing after heavy rains cause a mudslide to swallow part of a town in alaska. this as there is a risk of severe weather from texas to the great lakes today. a full forecast is next. plus, a top admiral says women will be allowed to serve with the elite navy s.e.a.l.s. this comes as the first women are set to graduate from army rangers school. is it time to allow women to serve on the ground, on the front lines in combat? it is our "news nation" gut check, and you can find the team on "news nation" at twitter, and you can find me on twitter and instagram. we'll be right back. terry, stop! it's quite alright... you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one?

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welcome back as we continue to follow the breaking news out of indianapolis as court has just wrapped up in this hearing involving the former pitch man for subway, jared fogle, who has pled guilty to child pornography charges. right now we received a statement on behalf of jared fogle's wife katie fogle, her attorneys releasing the statement in part saying, obviously i'm extremely shocked and disappointed by the recent developments involving jared. i'm in the process of seeking a dissolution of the marriage. my focus is exclusively on the well-being of my children. i nor my family have any further comment on the matter. she goes on to say she appreciates privacy in the matter. she has two children with jared fogle. this has been going on this summer which ends with jared fogle pleading guilty to child

pornography charges as well as having sex with minors, one incident happening in new york city, so we're waiting for this press conference from the u.s. state attorney starting at 12:30 to get more information regarding these federal charges and the many years now this man who made a big name for himself, a famous name for himself as a household everyday guy now facing many years in prison for a very heinous crime. we are also following severe weather, a threat that continues today as the midwest recovers from pounding storms. severe thunderstorms struck from texas to chicago yesterday. look at this video. heavy lightning was caught in northeast nebraska. thousands of people still without power in the chicago area this very morning. and this video, driving rain at wrigley field. you can barely recognize it. that's wrigley field. also this morning, three people presumed dead in a landslide in alaska after almost 3 inches of rain fell in 24 hours.

we could soon be seeing the first hurricane of the atlantic season. let's get you caught up on a lot of weather news this morning. nbc meteorologist bill karas joins us. that picture was crazy. >> they continued the game. they paused it and dried the field and that was it. i know the flags were blowing pretty fierce, though, in wrigley, and illinois had some of the worst weather in the nation yesterday. so all eyes are now on danny. we'll have severe weather and i'll get to that in a second, but the hurricane center just gave us their 11:00 update. it's still heading in the general direction of the lesser antilles, the virgin islands of puerto rico. the closest interaction should be about monday in the northern islands and then puerto rico the virj in island monday night into tuesday, possibly haiti by the time we get into tuesday and wednesday. as far as the u.s. goes, a lot of questions with the strength of the storm, first of all, and secondly, will the storm take

the kecurve out to sea? will it be powerful enough to throw it out to sea. we have a lot of interest in the storm. hopefully it will stay a very weak storm, bring beneficial rains and not be destructive. but it is the time of year where we can get those big storms. we still have bad weather in oklahoma into arkansas, michigan especially out ahead of this cold front we'll spark additional storms. right now the skies are clearing, it's hot, it's humid and we'll spark those storms this afternoon. we have heavy fires. we'll see record highs today. this area of orange and red, this is near 100 degrees in central washington state. up in the mountains is where we'll see windy conditions along with the hot weather, and that's where the fire danger is still very, very high. tamron, i think by about saturday, maybe friday at the earliest, we'll have a better

view and we'll be close enough to know if danny is ever going to be a threat to the u.s. or not. we hope it brings a curve out to sea. a rape victim from a prestigious prep school while testifying against her former classma classmate. what she is saying about a decades-old tradition that is now rocking the reputation at that school. a live report is next. a roomy new jansport backpack, a powerful new dell 2-in-1 laptop, and durable new stellar notebooks, so you're walking the halls with varsity level swagger. that's what we call that new gear feeling. you left this on the bus... get it at the place with the experts to get you the right gear. office depot officemax. gear up for school. gear up for great.

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now to dramatic testimony to a trial revealing alleged secrets of chrone of the prestigious prep schools. a then 15-year-old student is testifying after breaking down on it is stand and facing her

attacker yesterday. >> do you see him in the courtroom today? >> he's right there in the glasses. >> the victim's family says she's holding up, but she and her family have suffered by going public. >> it's been a lot of effort from the defendant and his side to garner support financially or otherwise for his cause. and so it really has pushed the family out of that community. they're no longer at that school or living in the area, but they have some strong supporters. >> the suspect's defense attorney says the accuser was a, quote, willing participant. gabe gutierrez is in concord, new hampshire with the very latest. gabe, what's the latest happening in court this morning. >> hi, tamron. good morning. testimony just resumed after a short mid-morning recess, and the accuser in this case has been testifying throughout the morning, simply heart-breaking testimony, and we want to right off the bat say it was very graphic testimony, so we won't get into the details of it.

but she was discussing this alleged attack that happened in may of last year, she says, on the campus of st. paul's school, one of the most elite prep schools in the country. this morning she said, i felt so scared. i had no idea what was going on. she also said, i felt like i was frozen. the judge is not allowing media to broadcast any audio and certainly no video of the accuser, but i can tell you from being in that courtroom that it was very difficult to listen to, some very disturbing testimony. the prosecution is going through this, trying to establish to the jury what may have led up to this encounter. yesterday the defense had read several e-mails and texts leading up to this encounter, and as you mentioned, tamron, the defense is trying to say this was a consensual encounter and that there was no sexual intercourse. tamron? >> all right, gabe, thank you very much. greatly appreciate the live report that we'll continue to follow this trial that has

captured so much attention. coming up, bob menendez becomes the second democratic senator to oppose the president's deal with iran. >> if iran is to acquire a nuclear bomb, it will not have my name on it. >> how partisanship in washington is actually going to help the president get his deal through congress. it's part of this morning's first read in politics. well, because it tells us something powerful about progress: that whether times are good or bad, innovators with great ideas will continue to drive the world forward. as log as they have someone to believe in them. for more than two centuries we've helped progress makers turn their ideas into reality. and the next great idea could be yours. ♪ [ female announcer ] everything kids touch at school sticks with them. make sure the germs they bring home don't stick around.

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be moved to house arrest too early. again, this is just coming in. we're getting more details behind this decision, but oscar pistorius' prison release has now been put on hold by the south african justice department. the olympian was set to be released this friday, and now that has been put on hold. we'll continue to follow the developments out of john -- johannesburg on that as well. senator menendez is the latest democrat to oppose the president on the iran issue. and hillary clinton posts her position on key environmental issues. mark murray is with me. mark, let's start with senator menendez and his opposition to the iran deal. >> he certainly has a big voice in foreign policy.

however, his opposition is really no big surprise. he's always been a very big iran hawk and he's had problems with this deal from the get-go. but the total reality is when it comes to the math, this deal looks like it's going to be very hard for congress to stop. so far you have two democrats who are in opposition. 23, however, in support, according to our senate producer frank forb. if democrats get to 34, that means there can't be a veto override if president obama issues a veto. there just needs to be 11 more democrats to come out with the deal for it to be a fait acc fait accompli in the senate. hillary clinton opposed to the obama deal. she says, the arctic is a unique

treasure given what we know, it's not worth the risk of drilling. >> hillary clinton had to have a delicate dance where she hugs president obama on most issues. she's a big supporter of the iran deal, big supporter of the cuba normalization of relations, but on this matter she breaks away from him. the other high-profile breakaway what that she believes president obama could have handled the situation in libya, and particularly more importantly, in syria a little bit better with handing arms to the moderate rebels there. but for the most part, tamron, hillary clinton has pretty much aligned herself with about 95% of obama's policies, this one being an exception. >> just quickly, though, yesterday, the keystone xl pipeline, she's not at odds but she's saying she's tiring of the administration's delay in a decision there. >> she's completely ducked her opinion on this, simply saying she had a role as secretary of

state and it would be improper for her to have an opinion one way or another. this is a thorny subject for democrats, whether you're hillary clinton or barack obama, who still hasn't made up their mind on keystone. they're thinking of opening the elite navy s.e.a.l.s to women if they can pass the grueling interview. quote, why shouldn't anybody who can meet these standards be accepted? and the answer is there is no reason. it comes right after news that two women will make history after graduating friday from the elite army rangers school. they are important steps when it comes to women serving in the military. the branches must decide by the end of this year if they will continue to block women from serving in combat roles. joining me now, megan meyers who interviewed the navy's top brass on this. what timing we're seeing here with this sdridecision from they and now the graduation of two

women who took on the challenge of becoming a ranger. >> reporter: yeah, it is unprecedented. it's really good timing that the rangers are having with this and a couple days later the navy saying, you know, we're on that path as well. it's good news. >> where do we stand right now as it relates to ground combat? obviously when people hear this door opening in the navy s.e.a.l.s as women graduate with the army rangers, where does that debate stand now? >> reporter: so in early 2013, the department of defense announced we're going to lift these combat exclusions for women. they will have time to lift them if they like, and if they don't want something open, we'll go over it and see if we can come to a compromise. over the last couple years, the army has opened some spots for women, the air force really only has one spot left that is in their special praoperations as well, and the navy as well at this point only have certain

places open for women except for s.e.a.l.s and combat roles. >> you mentioned the branches can request this waiver to exclude women by january 1st, but they must provide a justification for blocking women. do these justifications potentially boil down to what they would say is a woman's physical inability to do something? >> actually, it's not. women have proven they can get through ranger school. i think women will get through s.e.a.l. school eventually. the real issue here is that these are traditional brotherhood boys' clubs, very masculi masculine, very aggressive environments, and some of the people who serve in them are concerned that women will mess with their unit cohesion, will mess with their traditions, will change the way they relate to each other, and that's the real problem. in combat, being cohesive, being a unit is the most important thing. people break down, but the problem is they want to make

sure women can integrate into these units and that the men will treat them with respect and that nobody will hold each other back. >> as we understand, the final decision rests with defense secretary carter, and the service chiefs are expected to meet with him as early as next month on this. big developments. great reporting. thank you so much for joining us. >> thank you. i want to take you back to some breaking news that we're following out of indianapolis. my colleague kevin tibbles is on the ground there reporting on the latest with jared fogle, previous spokesman for subway food chain. kevin, are you standing by? >> reporter: yes, we're outside the steps in the federal courthouse in downtown indianapolis. we understand that jared, through his lawyer, that jared will be coming out and making some sort of a statement in the next few minutes. we essentially have both the exits covered at this point in time, tamron. we understand from the courtroom

that jared is going to be fitted with some sort of a gps tracking device. obviously the seriousness of the charges involve that he is not allowed to travel, and we are not aware of the other details of his parole at this point in time, but he is meeting with parole individuals inside the courthouse as i speak to you now from outside the courthouse. a sentencing date has not been set. we understand that he could face anywhere between 5 and 12 years in prison as a result of this plea agreement that he has reached today inside the courtroom. he did say that he understood the charges. he was wearing a dark suit. and that's pretty much all he said inside the courtroom. he's now been taken away to speak with officials before presumably coming out here to

give a statement. >> all right, kevin, we'll continue following the breaking news out of indianapolis and we're expecting to hear from either jared fogle or his attorney. coming up, a new warning about head lyice just in time fr the new school year. experts say a new kind of super lice has found itself in 28 states. we'll talk about that next. t th. so i drink boost® to get the nutrition that i'm missing. boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a great taste. i don't plan on slowing down any time soon. stay strong. stay active with boost®.

well, just as children are getting ready to go back to school in a few weeks, a new study out. southern illinois university now says 25 states have developed resistance to most over-the-counter resistance. what does this mean for parents across the nation and for kids. joining me is dr. azar. when you hear anyone say superbug, super lice, super resistant, that is terrifying, so put it in perspective for

parents. >> well, first of all, not surprising that because the standard over-the-counter treatment for lice is so effective and so well tolerated and so inexpensive, it's the one that everyone goes to first. just like with antibiotic resistance, the more you use the product and potentially either overuse or misuse, meaning that maybe you partially treat, you don't treat fully, this can breed resistance over time. and as i said this morning, this isn't necessarily something new, this is something that researchers in the medical community have known for some time but this particular researcher who's been studying this for the last 15 years in this new study that he's reporting on now, which is still preliminary, it hasn't been vetted by all the experts, is highlighting the problem as we've seen with the map that you just showed. >> but head lice second to do common cold in terms of things that infect school-age children. when you're looking at 25 different states, whether this super lice exists or not, we know that it is a persistent problem every year, especially

at the beginning of the school. >> right. >> so what do you do? >> i think it's important to remember that just because they found the strains had this variation that potentially makes them resistant it doesn't mean they're 100% resistant to the product. what i would caution people is given this new information, speak to your pediatrician or pediatric dermatologist before treating on your own and under their advisement should i go with this product or know what your resistance status in your community is. if it's highly resistant, maybe you go to something else. >> to your point about your community and the resistant status, the red states, 100% of the tested lice were resistant, orange states on that map, take a look to see if your place is one of them. 50% to 90% were resistant. so it did vary across the country. >> yeah, it did. if you're local listening to us in the new jersey/new york area, that wasn't one of the highest ones. the only state with no evidence

of generic variability was michigan, so everyone can either move to michigan. but no, the experts i believe are still recommending that you can use the over-the-counter product. use it wisely. if it doesn't work, please speak to your pediatrician or treating physician about a prescription alternative. this is not -- and remember too, this is not a public health threat. head lice do not spread disease. >> they're just really uncomfortable. >> they're really uncomfortable. tell your kids don't share hats, don't share head brushes and combs, it's really easy to spread. >> well, thanks for the advice, keeping it in perspective dr. azar. a lot of breaking news. thank you for joining us for the hour. i'm tamron hall. up next, luke russert is filling in for andrea mitchell.

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fogle agrees to plead guilty to child pornography and sex charges. we'll hear from attorneys on both sides this hour. on the stand, a 16-year-old testifies against the former student of an elite prep school accused of rape. >> the family and i stand behind my niece in speaking out, as so few victims of sexual violence do. and e-mail exchange. hillary clinton tested and testy, facing mounting questions about her private e-mail account as secretary of state. >> in retrospect, what was supposed to be convenient has turned out to be anything but convenient. >> can clinton ever put the e-mail issue behind her? we'll ask her communications director, just ahead.

good day, i'm luke russert in washington in for andrea. we are following breaking news in the case of former subway spokesperson, jared fogle, who has agreed to plead guilty to federal charges of engaging in sex acts with minors and receiving child pornography. in a few minutes the u.s. attorney is expected to hold a press conference. fogle himself is expected to appear alongside his attorney, who is also expected to make a statement outside of the courthouse. joining me now is nbc's kevin tibbles who's outside of the federal courthouse in indianapolis. kevin, what do we think is going to happen? is jared fogle actually going to speak or will he just appear by his lawyer and plead guilty at a later date? >> reporter: we were told, luke, earlier this morning that jared would be making a statement. of course that was before he went into the courtroom, spoke to the judge. he said that he understood the charges there are against him and of course we don't really know what's going on with the pl