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 plea agreement that he reached

here. at the moment, luke, he is still inside the court house. we understand that he's meeting with parole officials. we also have been told that he is going to be wearing some form of gps tracking device up until the point where he does have his sentencing. that date is also not known. it's understood that he is facing somewhere between 5 and 12 years for this former subway sandwich spokesperson is now facing jail time as a result of the charges that were brought against him. and as you started off this conversation by saying we are just waiting now to see whether it is jared's lawyer that comes out here or jared himself to make a statement. a bit of a crowd has gathered on the steps of the courthouse in indianapolis. obviously jared fogle is a well-known figure through his advertisements here in the united states and beyond. the man who lost more than 200

pounds for his diet that he undertook, eating subway sandwiches. today he is supposed to leave the court house here and supposedly give a few words. luke, back to you. >> kevin tibbles, thank you so much for that report. of course we'll keep you updated on this story for the rest of the day here on msnbc when something happens in indianapolis, we will take it to you live. but before we do that, let's go to some politics. it's the issue that won't go away for hillary clinton. the e-mails and her server made for a heated news conference tuesday in nevada. >> did you wipe the whole server? >> you know, i don't -- i have no idea. that's why we turned it over. >> but you were in charge of it. you were the official in charge. did you wipe the server? >> what, with a cloth or something? >> you know how it works digitally. >> i don't know how it works digitally at all. we have turned over the server.

they can do whatever they want to to figure out what's there or what's not there. that's for the people investigating it to try to figure out. but we turned over everything that was work related. every single thing. personal stuff we did not. i had no obligation to do so and did not. >> the investigation mentioned by secretary clinton includes both the interagency review of more than 300 documents from her e-mail account and the fbi's examination of her private server. two sources familiar with the process tell nbc news that analysts are optimistic some data can be recovered from the server, even though they have determined it was wiped clean when her account was deactivated. on tuesday afternoon, secretary clinton said that she doesn't hear much about the e-mails from voters. >> secretary clinton, is this issue not going away for the remainder of your campaign? >> nobody talks to me about it other than you guys. >> jen paul meri joins me now.

thanks for your time. >> happy to be here. thanks for having me, luke. >> i've got to ask you, a lot of democrats are privately saying that press conference did not go well. are you guys prepared to deal with this e-mail issue for the next 6 to 15 months? it doesn't seem to be going away. >> well, i think it's worth repeating what hillary said when she was walking away from the press conference, which is the press have a lot of questions about e-mails, but voters don't. and voters have in her time in new hampshire and iowa and doing town halls, she's actually never gotten one question about it. people are asking her questions that affect their lives. but we think that in augustfóic there's a lot of press interest in this and we want to do a lot of educating. we're spending a lot of time talking to our supporters, making sure they understand the really important facts here, because it is a confusing issue that using a personal e-mail account was allowed, that nothing she sent or received was marked classified, that the process that's going on now

about classification is only because e-mails are being made public and other departments other than state are getting involved to look at it. so we are happy -- she is happy to either go and stand before the press and she does that pretty much every day that she's out and take all the questions. i think when you get to the point where you're answering questions about wiping servers, that you're nearing the end of legitimate questions for her to answer. but we know that we'll turn the page in september, we'll get back to be able to plan on talking about the economy in there. but in the meantime with the press, we're just going to educate people. >> educate people. you say that hillary clinton is not asked about that by voters, but it's clearly dampening her poll numbers. i want to put up on the screen the cnn/orc poll. 44% clinton favorable rating. that's the most negative favorability rating since march of 2001. you don't think this makes any impact with voters? >> that approval -- that favorability rating is the

highest among -- among candidates. she has a higher favorability rating than any republican candidate. that cnn poll also confirmed that she beats every republican candidate in head-to-head. so i think we -- the press coverage of her poll numbers is pretty skewed. i think when i talk to people, they're really surprised to hear that she has higher favorability ratings than any republican, that she beats any republican. we want to make sure people understand that. so we feel really good about where she is. this woman is durable. you cannot knock her down. she has been through -- you know, she's been through months and months of pretty much 19 candidates on both sides attacking her every day. >> i don't think anyone is going to argue with you that she's durable. but is the reason she has the lowest approval rating since march of 2001 simply because of the press? >> or is the reason that she has the highest approval rating of any presidential candidate because she's the best prepared and the best able and the person

who understands people's lives and the best person in position to be the next president. that is it is just a fact ha her favorability rating is higher than anybody else's and higher than any republican candidate. >> i want to ask you about something fellow democrats are saying. this came out in politico today. allies fault clinton's response on e-mails. i get nervous with seeing stories with these orders together, fbi, clinton, criminal investigations. if there's anything to be nervous about it's that the average voter will remember those words. multiple sources said another major concern is what the campaign doesn't know. what's in the context of more than 62,000 e-mails. fbi, clinton, criminal investigation. how are you guys going to deal with this? >> the way that we have dealt with -- you know, she's been around for -- she's been through a lot of battles and as what happens often in politics is these things get drug out. they become political. as you may recall this is

supposed to be an investigation about benghazi and has turned to focus particularly with republicans on the campaign trail and republicans on capitol hill about her e-mails. and she will -- look, she has been through -- she's gotten through a lot and she continues to fight back. we fight hard. we understand that this is -- you know, we didn't think that she was going to waltz right into getting the nomination or getting the white house and you're going to have to fight for it. but people need to understand that she can -- not only has she gotten through this in the past and some of these people have legitimate questions that she's willing to answer. she's going to go before the benghazi committee and answer all of their questions. but at some point this becomes political when you see how people are using it on the campaign trail. we know how they handle that and she will get through that. >> we now see in this latest poll that she is below 50% for the first time amongst democrats since this polling started. we've seen essentially a 19-percentage point swing by

bernie sanders over the last few months. what do you say to democrats who are now looking at your candidate in a different light and also the majority want joe biden to run for president? >> on the vice president, you know, i know that he's going through his process to make his decision and we'll let him do it. we obviously have a lot of respect and admiration for him. you know, when you add him into the polls, it obviously gets more competitive. he's the sitting vice president. he's going to do well when you put him in the polls and i think that's what you see reflected in what the poll that you just referred to. you know, again, we did not think that she was just going to be able to secure the democratic nomination easily. it is really hard to win that. it is going to be a competitive race. it doesn't matter if there's just two people in it or three people or 17 as you have on the republican side. it's going to be competitive. the democratic party is a big tent. there's a lot of different views in it.

so we did not -- none of this surprises us. it doesn't surprise us to see an independent in there, it doesn't surprise us to see bernie sanders do well in new hampshire when he's the neighboring senator and has been in office for a long time and this is a democratic primary. he is going to do well there and she is going to put forward all of her ideas. we'll have debates in the fall, we're looking forward to that. but this is always going to be a race. i don't understand why you thought there was going to be a race on the republican side and not on ours. >> are you in the campaign not surprised that hillary clinton used a private e-mail server during her time as secretary of state. >> no, we're not surprised. >> and 62,000 e-mails you don't know the content of. >> other secretaries of state also used personal e-mail. it was permitted at the time. it was permitted under their guidelines. so that isn't surprising. and we're very confident, as you see what comes out in the e-mails, some of it is -- some of it is sort of interesting, some of it is sort of amusing, but we're confident there's not

anything in those e-mails that we're concerned about. and we will get through that process by january, that's when they'll be done with it, and people can judge for themselves. we're very confident when that is all seen, people will see what she did as secretary of state and feel good about it. >> jennifer palmieri, the clinton campaign, thank you so much for your time. we appreciate it. >> thank you, luke. joining us for our daily fix, chris cillizza and wall street journal political editor gene cummings. welcome both. thank you so much for being here. chris, i'll start off with you. just react to what jennifer palmieri said. it's all easy breezy in clintonland. they expected this to be a tough campaign, but i have to say i don't think they expected themselves to have the lowest approval rating since march of 2001 this early on in the process. >> well, look, jen is in a tough spot, understandably. this has not been a good few weeks and certainly not a good

last sort of 72ish hours for hillary clinton's campaign. the one thing i would take issue with very clearly is the idea that the media is driving this, because the media is bored and it's august. we are covering this story because the fbi asked hillary clinton to turn over the server that she said in march she would not turn over. the intelligence community's inspector general has said that two of the 40 or so e-mails that they have been allowed to look at contain classified information because hillary clinton has said in the past and said again yesterday in nevada that nothing that was sent or received was classified at the time. so the media didn't create those things. republicans didn't create those things. yes, this has grown out of the benghazi committee, but simply because it grew out of a republican-led effort doesn't mean that what is now before us is sort of a partisan warfare-only thing. so i don't think it's the media

creating it. i don't think it's because the media is bored and i point to a poll this morning that said that 56% of people believe hillary clinton did something wrong with that private e-mail server. so i don't think it's just the media who wants to learn more about it. >> no, not at all. and jean, it seems that the play here is what we've seen in the past, is this idea of this vast right-wing conspiracy and it's just the republican congress throwing mud at us again and the media has nothing to cover in august but it's not reflected in the numbers. that's not media creation, that's reflective of real events that have real consequences that all stem what i think a lot of people would say was a massive unforced error of having this private e-mail server. >> yes, and mrs. clinton admits that what she thought was going to be a convenience has turned into a debacle.

you know, hindsight is 20/20. looking forward, they have got this october date when she's going to testify. she has really got to perform then. and if this is a reflection of how she's going to try to answer those questions, i think she should get out and play with the media a few more times to practice, because those answers weren't sharp, they weren't polished and they were not going to give reassurance to those in the polls, many independents, the people she needs are the ones that are being moved by all of this drum beat of suspicion around the e-mails. >> right, over 64% of independents think she did something wrong regarding the e-mails. jeanne cummings, chris cillizza. appreciate it. the white house just announced president obama will travel to new orleans next thursday on the tenth anniversary of hurricane katrina. the president will meet with the mayor and some residents who have had to rebuild their lives after the storm. speaking of new orleans, do you know who's coming up next?

james carvel and we'll continue to follow breaking news. jared fogle agrees to plead guilty to child porn and sex charges. we're expecting to hear from both sides in this case in a few minutes. we'll bring that to you live. you're watching "andrea mitchell reports" only on msnbc. why do so many people choose aleve? it's the brand more doctors recommend for minor arthritis pain. plus, just two aleve can last all day. you'd need 6 tylenol arthritis to do that. aleve. all day strong.

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we are happy, so she's happy to either go and stand before the press and she does that pretty much every day that she's out and take all the questions. i think when you get to the point where you're answering questions about wiping servers, that you're nearing the end of legitimate questions for her to answer. >> hillary clinton's communications director defiant in the face of national pose showing a candidate in decline.

a democratic party could be closer the experts predicted months ago. james carvel is a long-time political advisor to bill and hillary clinton. james, thanks for making the time. >> i had to come out because of all the foolishness going on. mr. cillizza talks about a total democratic freakout and then he quotes a guy who talked to a guy. you know, the guy running that sweat shop in seattle needs to go to "the washington post" and get this place in order. there's nobody editing this newspaper as far as i can see. >> if there'sfull-scale democratic freakout, why is there a rise for bernie sanders and why does she have the lowest approval rating since 2001, march. >> why is she beating every republican and has better favorability ratios than any republican running for president? it's supposed to be the democrats that are freaking out? look, polls go up and down. this is -- this is foolishness.

i'm having to come out of my vacation to deal with this kind of stupidity that these people are putting out. hillary is going to be just fine. she's going to be just fine. >> so if this is just the media doing this, why is it the fbi investigating? why is there -- >> did you read the jeffrey toobin piece that said basically there's zero chance that she did anything that was wrong. this always goes on. this goes on and on, it's never going to stop. you know, these people, we don't like hillary, why is the poll -- why is jim out there defending her. why can't we attack her like i want to? i understand this, i've been dealing this for 23 years now. >> so one of the highest paid political operatives in the world, you have no problem seeing fbi, clinton and criminal investigation next to each other in headlines around the country? >> no, it's not going to amount to a hill of beans, just like all of the other stuff that i've been through. it doesn't amount to a hill of

beans. it's just a bunch of people talking to each other, spinning themselves up over a pile of garbage. people like "the washington post" talking about a total democratic freakout. you want to talk about a freakout, look at these republicans all like they want to get rid of all the people in the country, repeal the constitution and god knows what. you want to freak out on something, freak out on that. >> is all this part of a vast right-wing conspiracy then? it's just the same old, same old. >> it's just stupid media people talking to other stupid media people and spinning themselves up on something that's not going to amount to a hill of beans. by the way, i'm looking toward to the benghazi hearing in october. we should see how many questions they're going to ask on benghazi. what they need to do is just calm down and, you know, enjoy the race. there's going to be some interesting politicking coming up and it will be fine. >> all right. what was your honest interpretation of her performance yesterday in nevada? because she came across to a lot of people as sort of crass,

dismiss dismissive, flippant, not wanting to give this issue the time, despite the impact that it's had on her numbers. >> well, look, if you go out to the press and you do things, i thought she was fine. i thought she was superb in the black lives matter thing. i thought that the education stuff was superb. i think her campaign has some really good things going out there. they're just going to have to deal with this. people are going to interpret every word, every expression that she makes. everything -- you know, the rule of the media is this. the clintons don't deserve a defense. they get irritated if somebody comes on and defends them. i just don't play by those rules, i never have and i'm not going to play by those rules. i think she's put some really good stuff out there. she's going to have to run a campaign from day one i can assure you that the democratic nomination is going to be competitive. people are going to do that, but i have every confidence that she's going to be fine and really looking forward to the

general election. >> what do you make of the fact that she's below 50 with democrats, that now a majority of democrats want joe biden to run and even al gore's name has been floated? is this not sort of sounding the alarm bell that there's still a lot of democrats on the sideline saying, hey, joe, take a serious look at this? >> look, democrats like the vice president. i like the vice president. you know, if he wants to run, that's fine. at the end of the day i have -- completely confident that our nominee is going to be mrs. clinton. but i like the fact -- you can't stop people from running. the presidency is a very high office and a lot of people wanting to run for it and do it. that's fine. but i'm going to campaign hard for her and i'm going to call out the stupidity in the media when i see it, just like the stupidity that was in t "the washington post," full democratic freakout, give me a break. >> okay. let's talk a little bit just to end the show -- or end the segment, rather, about the

republican side. donald trump, how do you explain his rise in the polls? >> because he reflects what a lot of republicans in the united states think. remember mitt romney's position the last republican nominee as i never tire of point out was for self-deportation. he actually thought that 13 million people were going to go back to the country of origin. trump has upped the ante. by the way, scott walker is now mimicking what trump is saying. they're all doing that. he's just a reflection of where the republican party is. that's what he is. >> do you think scott walker has the best chance of moving forward, like we thought a few years ago? >> you know, actually i probably cruz if something happens to trump is in a better position than any of these guys. but i think the big story here is the failure of jeb bush to really do anything. i mean he's sort of been going down and people thought otherwise. but it's going to be a fascinating race over there. i tell you what.

but if i had to guess and trump goes down, that cruz is better positioned than anybody right now. >> yeah, he says that trump is renting his voters. we'll get your wife to talk about that. james carville, thanks so much. thanks for the time. >> you bet. coming up next, the horrors of isis. the attack against a famed archaeologist trying to save ancient sites in a 2,000-year-old city. and ex-subway spokesman jared fogle pleads guilty to child porn and sex charges. we'll bring that to you live when it happens. you're watching "andrea mitchell reports" only on msnbc. if you have moderate to severe rheumatoid arthritis like me... and you're talking to a rheumatologist about a biologic, this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me reach for more. doctors have been prescribing humira for more than 10 years. humira works for many adults. it targets and helps to block a specific

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took control of the historic city palmyra. he did everything in his power to protect the landmarks from being destroyed by the terror group. richard engle has traveled to palmyra and filed this report right after isis took hold of the city. >> reporter: palmyra has majestic ancient ruins, a preserved 2,000-year-old roman city. isis has promised to bull doze it. >> if we lose palmyra, we lose one of the top cultural sites in the entire middle east. watching isis' intentional destruction and blatant encouragement of looting at archaeological sites and cultural sites throughout their held region has been devastating. >> richard engle joins us now from istanbul. richard, what happened here with this famed archaeologist? >> reporter: so he had been director of antiquities for 40 years in palmyra.

he was an internationally recognized expert on the site, an internationally recognized archaeologist. he retired about ten years ago in 2003, stayed on as an advisor to the assad government on antiquities. then in may, palmyra was taken over by isis. mr. assad, who's 82 years old, decided not to leave. this was his hometown. he was close to the sites that he studied, the sites that he loved. isis first detaped him briefly. then about a month ago detained him once again. according to the syrian government, it was all about hidden treasure. isis wanted to know where antiquities were being held, where supposedly stocks of ancient gold were being hidden in the city. there is often rumors in this part of the world that 18 shunti -- ancient sites hold hidden

treasures, hold magical powers. mr. assad wouldn't cooperate and then he was killed yesterday, according to a syrian rights group. he was beheaded and then he was hanged from a -- his body was hanged from a lamp post in the center of the city wearing a sign around his neck saying that he was an apostate and he was the representative of idols in syria. it is a tragic blow for all of those who love antiquities. it was a tragic blow to syrian cultural heritage. so far syria -- isis has been looting the site. they have destroyed many of the smaller statues. some of statues that were at palmyra had managed to be smuggled out by government forces before isis took over. but so far they have not bull dozed the city itself. >> richard engle, thank you so much for that report from istanbul, we appreciate your time. breaking news. ex-subway spokesman jared fogle

has just left court after agreeing to plead guilty to child porn and sex charges. we're expecting to hear from both sides. we now have his attorney speaking. let's take that to you right now. >> jared also knows that he has a medical problem. he's already sought evaluation -- he has already sought evaluation by a world class psychiatrist experienced in these matters and he will seek appropriate treatment. jared fogle expects to go to prison. he will do his time. he expects to get well. he expects to continue to make amends to those people whose lives he has affected. both family and nonfamily members. and he at some point hopes to become once again a productive member of society. now -- hang on, hang on one second. i'm sorry to tell you that's all that i am going to say. it's in the process now, it's in

the courts. we do not yet have a date for our next appearance or the actual change of plea to guilty. we don't have a date for sentencing. we'll have no other comments whatsoever. i'll give no interviews, i'll do no side pieces, i'm not going to take phone calls. i just can't do it. i can't do it properly while the process is ongoing. so please respect that and understand that. i know the phone will ring off the hook, but i'm not going to be able to return the calls until we speak in court at the time of disposition and we'll speak after court after that disposition. beyond that, that's all i can say, so thank you, have a good day. thank you for your time. >> spell your name for us. >> jeremy margolis, andy, dedooht. >> that was the folk el attorney

jeremy margolis. let's listen to the u.s. attorney, josh minler. >> good afternoon, i'm josh minkler. our office represents the united states of america in this investigation and prosecution. earlier this morning, jared fogle, 37, was charged in federal court with one count of receipt of child pornography involving 12 minor victims. he was also charged with one count of traveling to engage in sexual conduct with a minor involving two minor victims. mr. fogle has notified the court and our office that he intends to plead guilty to those charges. that agreement was also filed in federal court this morning. those documents are a matter of public record and are available to any member of the public that wishes to see them.

you have been provided with copies of those documents. today jared fogle has been charged and has admitted to participating in a five-year criminal scheme to exploit children. beginning in 2011 fogle learned that the head of the jared foundation, russell taylor, was sexually exploiting a 14-year-old girl. at that time, fogle chose to receive and repeatedly view child pornography involving that 14-year-old girl. this continued during a four-year period and fogle's actions resulted in the sexual victimization of 12 minors in the state of indiana. that's not all. in pleadings filed today, fogle admitted that he repeatedly traveled from new york -- from indiana to new york to engage in

commercial sex acts with victims he knew to be children. this conduct began as early as 2010. first, let's call this what it is. this is about using wealth, status and secrecy to illegally exploit children. second, this conduct has serious consequences in federal court. based on this conduct, mr. fogle faces a sentence of between five years in federal prison and 12 years in federal prison. third, there's a community conversation about how we protect our children. it is a good conversation, but it must always include protecting our children from predators when they cannot protect themselves. finally, this case was handled exactly like any other child exploitation case. it was investigated and prosecuted exactly the same as

any other child exploitation case. and with any child exploitation case, it took time and it took a thorough investigation. the individuals behind me are responsible for a very thorough investigation. a rough estimate of the work they did includes search warrants for 16 smartphones, five basic cell phones, five mp3 players, five tablets, six laptops, one desktop, six loose hard drives, five cameras, including hidden cameras, flash drives, ten of those, ten memory cards, 46 cds and 22 dvds. the approximate amount of data reviewed by the indiana state police, the indianapolis metropolitan police department and the fbi includes 159,634

textag textages, 27,140 e-mails, 47,623 images and 3,394 videos. through this thorough investigation, 14 victims were identified. i'm happy to be joined by the individuals responsible for this investigation and prosecution. this investigation started with the indiana state police. i'm happy to have the superintendent of the indiana state police here with me today, doug carter. >> words tendinged to escape me today as this came to fruition. and i appreciate the response. you've heard me say before the relationships that we have with the folks standing behind me in my opinion are second to none and i'm very, very proud of

that. i would also be remiss to not identify the folks that were able to do what they have done at a tremendous cost to themselves and to their families over the course of these last several months. isp detective kevin goetz, detective darren odier, lead examiner chris cecil, investigative analyst brandy st. clair, analyst julie zorger, certainly steve debroda who you'll hear from and as i previously mentioned, our incredible, incredible partners with the fbi, and indiana metropolitan police department. as josh had indicated, fame and fortune will not protect you from attacking those most vulnerable in our communities, and this is an absolute testament to that commitment. no matter what color shirt we wear or who we are or where we're from, we will find out who you are. every single resource we've learned over time we can't be all things to all people, but imagine the possibility of combining our resources together

and seeing the successful end result as we are today. this started from a tip from a private citizen to an indiana state police officer some many, many months ago which led to this incredibly complicated organizational investigative skill of the people that i referenced and those standing behind me today. somebody knows what you're doing, for those of you who are out there continuing to do what mr. fogle has done. someone will tell us eventually. the technical expertise that was used that was collaborative and attached to this complex investigation should be an example to america, not just to the state of indiana, and i believe that it is. i cannot think of anything more repugnant than sexually victimizing a child. any and all resources have been, will be and will always be committed to seeking out who you are and where you live, no matter who you are. thank you all very, very much.

>> i'm pleased to have with me the special agent in charge of the lead federal investigation in this matter, the federal bureau of investigation, mr. jay abbott. >> thanks, josh. good afternoon. i want to open first by personally thanking indiana state police superintendent doug carter for isp's partnership. as a direct result of indiana state police initiative, this investigation would not have progressed to where it is today. i'm very thankful for that. and again, just echoing superintendent's words, the partnership that we're able to bring to investigations like this between us, isp and indianapolis metropolitan police department is equaled by none. as with all child pornography

cases, the fbi investigates these matters with a sense of urgency due to the extreme vulnerability of the victims involved, our children. this case demonstrates our commitment to investigate those who possess and distribute child pornography. the fbi looks forward to continuing its work on such matters with the united states attorney's office, indianapolis metropolitan police department and of course indiana state police. we look forward to continuing on with these cases in that type of fashion on and on. thanks. >> i'm happy also to be joined by the chief of police for the indianapolis metropolitan police department. he has proven time and time again his commitment to assist and to support and to do whatever it takes for any federal investigation, and i know personally, as do all the men standing behind me, if

there's a child victim, the chief will send the cavalry. so i'm happy to have him here with me today to make a few remarks. >> thank you for your leadership. thank you my good friend doug carter, jay abbott and the fbi. ladies and gentlemen, this case came about because of you. citizens who say they are concerned about our community step up and do the right thing and report out. if you see something, say something. and you said something. you said something to a very worthy group, the state police, who are partners. we also want to thank our fine detectives involved doing the cyber work involved in these cases. this is one of the first cases in a long time with a celebrity who had excess power and resources to do anything he wanted in the world but he chose to utilize that to cajole, to convince and even take advantage of children. i think it's important to note that cyber crimes are hard to track and trace, as you heard. the trace evidence, the

forensics involved, 47,000 e-mails and text messages, a lot of information to go through. but the tenacity of our team behind us, to be able to whittle through all that muck and mire and think about all the things they had to go through emotionally to bring this to justice, it is important that we stand here as a team saying thank you to the community and thank you to those persons who reach out and put services in place. last thing i want to make sure we send a message. you may hide in the confines of your home on the internet, on your laptop, your tablet, and think you can not be found. we'll find you. we're looking. we're paying attention and we'll find you. thank you. >> we also received extraordinary support from the marian county prosecutor's office. ryan meres is here representing the marian county prosecutor's office and i'd like to thank them for their support.

the lead prosecutor on this matter is the head ofémú?zu%ñ project safe childhood division. he is the senior litigation counsel and he spearheaded this investigation and prosecution. i would like to recognize steve debroda who will make a few remarks. if you have any questions, he will be happy to answer them. >> so one of the initial purposes of the investigation was to try to find how many victims were at acute risk and might be subject to sexual exploitation in realtime. so what we did was the investigative team looked at all of the e-mails, all of the text messages, all of the pictures, all of the communications we could find and interviewed as many witnesses as possible to determine who needed to be in a safer place and who needed to have their victimization recognized. today we know there are 14 children who were victimized as a result of this course of conduct. 12 of them were in indiana, two of them were in another state.

and all of them were subjected to very serious federal crimes. the federal law protects children under the age of 18 from victimization in child pornography. it also protects them from being used in commercial sex acts. child pruostitution is a very serious federal crime. both of those are. what we were able to determine is there were 14 victims we identified in the investigation. we found out where they were and we got them all in a safer position. one of the things this plea agreement does that's ground breaking is it provides $1.4 million in restitution to these kids, four of whom are now adults and in desperate straits. each of them gets $100,000 so they can help recover from the effects of what they have been through, paying for treatment, counseling, medical services, getting their life together, educational services and so forth. that's the largest restitution order i've seen in the southern district of indiana. i've done these cases since 1991. i think it's one of the largest in the country. that was vitally important and

that's part of this plea agreement. jared fogle had to pay that money. everyone recognizes he's wealthy. but today he's less wealthy and for the benefit of those victims. he's also forfeiting $50,000 to represent basically assets he used in connection with some of these things. now, at the end of the day what we have here is a long course of conduct that begins well before the period of the child pornography being produced with russell taylor. it begins with mr. fogle doing this by himself in the late 2000 period and continuing until quite recently. so that course of conduct is not related to mr. taylor, but with mr. taylor, what's going on as alleged, taylor is producing this material and providing it to mr. fogle. if mr. fogle had done the right thing, when he learned of the victimization of the first victim, the first girl that was 14, victims 2 through 12 never would have been sexually victimized.

so we're holding him responsible for all of that victimization. he didn't do the right thing. what he chose to do was profit from that sploiexploitation and the result for his own benefit. so it's the result of a thorough wide-ranging investigation. it took time to get it right. does anybody have any questions? >> what is the status of the case against mr. taylor? >> taylor is charged, he's detained in federal custody. he's charged under what's called a criminal complaint. that is a document used for a period of time and then we have to indict the case. so he's in the period of time where he's held in custody on a complaint and the law allows us to do that to sort out what we'll charge him with in that period of time. >> is mr. fogle's agreement a cooperative agreement? >> it is not. it doesn't contain any cooperation terms. the mandatory minimum sentence he can get is 60 months of imprisonment. the judge would not have the authority to give less than that. followed by at least five years of supervised release. that's like parole.

we don't have parole in the federal system. so the minimum impact on jared fogle is ten years of result. however, what we did is we capped our recommendation on the imprisonment at 151 months and there's no cap on the amount of supervised release he can get. so we can't ask for more than 151 months. that's a little over 12 years. we could also ask for much longer supervised release than five years. so it's potentially a very long sentence. at the end of the day too it's up to the judge to decide the sentence. it's not binding in that regard except he has to get at least five years of imprisonment and at least five years of supervised release. >> when you ran down the list of phones, laptops, desktops, is that all jared fogle's or also russell taylor's? that's the material recovered from the taylor residence and the taylor case plus the stuff recovered from fogle's residence. primarily that's from the taylor side of the aisle except for cell phones. primarily what we recovered from

the fogle search were cell phones that proved to be useful. >> can you walk us through a little bit of the process. no less than five but as many as 12 plus years. this obviously has to be a recommendation from your office to the judge. what's happening now? what happens before we're sitting in the courtroom and we hear what his sentence will be? >> the next step is -- would be a hearing to do a change of plea and then a sentencing. normally that occurs after a presentence investigative report is prepared, takes a couple months. what happened this morning was he was formally apprised of the charges and he waived indictment by the grand jury to move the case forward. the next thing that will happen will be a change of plea hearing. if the court accepts his plea of guilty, the court will go on to the sentencing phase. the judge will have to give him at least 60 months of imprisonment and at least 60 months of supervised release. however, the judge ultimately gets to pick the sentence. the theoretical statutory maximum would be 50 years. but that's theoretical.

the reality would be there's a long sentencing process that occurs and the judge will pick the sentence after hearing arguments from the parties. all we've done is said we can't ask for more than 151 months. >> an advisory computation that's complicated. >> it said that the government will file a motion requesting the court decrease the level by one level. >> 14 names in the court documents, only two underaged girls that fogle had -- >> minor victim 13 and 14 were underage at the time of the sexual activity with him. >> is it believed to be any additional victims? >> those are the -- those are the two we've been able to identify through that wide-ranging investigation that we did. >> is there any evidence the jared foundation was used by taylor to select who his alleged victims? >> not directly, no. nothing to do with the work of the jared foundation has

anything to do with the child prostitution here except that sometimes he would do that while traveling on foundation business. but in no event was he using the foundation to get at the child prostitutes. >> were there other crimes that you could have charged if he had not participated and apparently worked out an agreement with you? >> in essence, no. we have 14 victims. if you look at the charging documents, we've considered what happened to all 14 victims. in federal court the number of counts doesn't always make a huge difference. there's enough statutory exposure to get a sentence of the time that we would recommend. we didn't cut him any breaks. this is the deal that you get whether you're rich or not. >> did you get any indication from the victims that they were bowled over by his celebrity status? >> a lot of them didn't know who he was. some of them did. they didn't know they had been victims. with regard to a lot of the victims in indiana, they had no idea they were being filmed, so they had to wake up one day and find out they had been sexually exploited because they happened to be at somebody's house

changing clothes, showering, whatever. so it made it all the worse that that's happening with a famous person because it draws attention to what they have had to go through. this is one of the reasons why they needed such high restitution and why we made it a priority to get him help. >> can you explain to the public why someone of this caliber can walk out of the federal courthouse and is not sitting in jail? >> certainly, and that's a good question. we believed that mr. fogle should not be treated any better or any worse in this investigation, in this prosecution or how it is handled in federal court. this is the recommendation we would make on bond on anybody that did this, whether it's jared fogle or not. so we believe that he should be treated no better and no worse than anybody else based on his status. >> is there any indication when he was making those trips to new york city that he was doing those on behalf of subway? was he making appearances for the >> he was doing this primarily

on business travel and without distinguishing between whether it's foundation or subway. he's taking advantage of being on business travel to do this when he's otherwise doing business events. >> can you go back over the comments. you said some of this activity predated his association with taylor or at least taylor with the foundation. >> right. if you look at the charging document, you'll see an allegation that we say mr. fogle's activity seeking out underage minors for sex starts around 2007. specifically he communicated about that starting at around 2007 with people who were not prostitutes describing that activity. that's in paragraph 45 and 46 of the charging document that lays that out. with regard the solicitation of -- that we have within the text messages we have, as the u.s. attorney said that's around 2010. >> the plea agreement leaves open the possibility that you discover other criminality there that charges could be filed.

are you satisfied that you have gotten to the depths of his illegal behavior or is there still things out there? >> first off, this agreement, you're correct, was carefully drafted so if something else emerges, i can do something about that, i can hold him responsible for that. we can file more charges. however, the reason why we looked at all of those thousands of text messages and pictures and all of those devices was to try to get as much certainty as possible. i can tell you that the investigators here read a lot of those text messages two and three times and looked at these pictures in some cases for a long period of time to try to figure out who all we had pictures of. i'm fairly confident other than the 14 victims we have here, we don't have any other victim we can identify through the evidence we've recovered having looked at all of it very exhaustively. what we would need at this point is someone to come forward and say me too, it happened to me as well and then we'd investigate that. one of the things we felt we owed everyone is certainty on what happened and what didn't happen. that was our answer. there were 14 victims and that's

what we charged him with. >> so is it possible there are other victims out there you've just not been able to identify? >> i'll say this. in the time period we have a lot of evidence for i doubt it because we have a lot of evidence of what he's doing and not doing in those periods of time. there's a lot of coverage in those cell phones and text messages so it would have to be something farther back in time, older than our evidence has easy access to. >> did the criminal activity end after taylor's arrest or continue after taylor's arrest? >> it goes on after taylor's arrest. you'll see the end date of mr. fogle's activity is in june of 2015. >> can you explain what that was then for the next two months? >> it's more of count 2 but not successfully. >> is this the typical way that people try to hide child pornography? the amount of disks you recovered, the computers, is this typical of a case like this? >> unfortunately with cheap storage media and lots of places you can put videos and images, it's more common now. we see things on small toerj

devices, laptops, computers, cell phones, cameras. now what we do is use on-scene computer friend particular triage. this is we pull up at the house and start looking at that stuff in realtime. that's how as many of you know we did the fogle search. we go through all of that media to make sure we're not missing any victims. unfortunately this is getting increasingly more difficult for law enforcement to keep track of. in indiana we're fortunate because we have this capability. if mr. fogle had lived in a lot of other places in the country we wouldn't be having this conversation. >> jared has shown -- >> because they don't have mobile forensic laboratories, they don't have the indiana state police, they don't have a local and federal partnership, they don't have an internet crimes against children task force that's effective, they don't have a lot of experienced people. >> fogle has shown a willingness and ability to travel for this. or is there any concern of, okay, you have an electronic

monitoring device that he won't leave, assuming he still has the assets to maybe leave? >> i don't think he's going anywhere. if he does, we'll catch him. we'll arrest him and i'll prosecute him some more, okay. in making bond arguments and decisions, i've been involved in maybe 500 cases like this. and there are people worse than jared fogle in jail right now and there are people less worse than jared fogle not in jail right now. at the end of the day we only have so many places we can put prisoners. we have to make good decisions. he knew this investigation was coming when taylor was arrested in april of 2015. he didn't flee. he had all the opportunity to and knew we were coming, i would think. if he didn't flee in that period of time and negotiates a plea and signs this agreement and agrees to pay $1.45 million to victims, i think he probably is going to stay around. if not, we'll find him. i don't think jared can flee very far without getting recognized. >> okay, thank you very much. one more question. >> mr. fogle's attorney said

today that his client has a medical condition. he's well aware and knows that he has this condition. do you consider what he did was because of a medical condition? >> they're going to present all of that to the judge at sentencing. i haven't seen what they're talking about yet. what we know is we know what his criminal conduct is and we've made our charging decisions based on what we believe he did and now what he's admitted he did. down the road, they can make mitigation arguments if they want to and talk about all of that. but we're not ready to respond to any of that yet. i need to see what they're talking about. >> as this investigation was playing out, there were media reports that surfaced that a former subway franchise owner may have shared texts with subway management from fogle saying that he had had sex with a 16-year-old. is subway facing any investigation about not reporting anything related to this? >> our charges are against jared fogle, not against subway. let me say jared fogle is not a subway employee anymore and there are thousands of subway employees around the world that

are probably equally appalled right now, okay. so the question of what that franchisee said or didn't say to subway people is not something that's been part of our charging package here. fogle doesn't -- when we met with him, he said nobody tipped me that there was anything serious going on here that caused me to quit my behavior. so we don't think that process, as that witness may or may not have described it, successfully worked in terms of preventing fogle from doing anything or encouraging him to do anything. so right now obviously we still investigate all of those questions, but there are no charges or allegations right now that anybody at subway knew he was doing all of these things and decided to let him do that for some crazy reason. okay? >> okay, folks. thank you very much. u.s. attorneys there along with federal law enforcement speaking in indianapolis about jared fogle, the former spokesperson for the subway sandwich chain who has pled guilty to possessing child pora