ter's final moments and a clash with police. any moment now the coast guard and the national transportation safety board will hold a joint news brief for the search on the missing cargo ship with 33 people on board. we'll take you live to that briefing as soon as it begins. the news we are expecting at this hour after six days the search is going to be suspended tonight at 7:00 p.m. so far, they have only been able to locate survival suits and a battered lifeboat. no survivors. we'll bring you that as soon as it happens and following breaking news on the deadly hospital bombing in afghanistan. today, president obama personally made phone calls from the oval office apologizing to the doctors without borders president and the president of afghanistan for the u.s. air strike that killed 22 people at its medical facility in kunduz. >> the president did reiterate his commitment.

that is commitment that we have offered up publicly. that the department of defense would conduct a transparent, thorough and objective investigation. >> that came hours after the medical group held a pair of news conferences calling for an unprecedented investigation into whether international humanitarian law was violated. >> today, we say enough. even war has rules. it is unacceptable that the bombing of a hospital and the killing of staff and patient can be dismissed as collateral damage or brush aside as a mistake. >> the group says the hospital was hit with multiple bombs over a period of more than an hour and that it continued even after u.s. and afghan officials were told they were targeting a medical facility. nbc news correspondent ron allen and national security producer courtney kube join me now.

ron, you are at the white house. this was just announced at the daily press briefing that the president had to make these phone calls. >> reporter: yes. and the spokesperson emphasized the president made a heartfelt apology. they were asked about this yesterday and they stopped short of saying that they would make an apology so something transpired overnight. the president apparently got more information and perhaps more pressure to reach out to doctors without borders. however, the united states is stopping short of what seems to be a central damage of the -- >> ron ron, i will have to interrupt. i'm so sorry. let's interrupt you. we've been telling our viewers waiting for this coast guard press conference. let's take a listen to this. >> searching for fellow professional mariners and also searching for members of the extended coast guard family. one of our coast guard petty officers chief petty officers had a brother that was on the "el faro." i received an e-mail yesterday from a civilian employee at the

coast guard yard in baltimore, maryland, and said his family friends, good family friends that he saw one of the crew members come home as a baby. saw grow up go off on the "el faro." it makes it very personal as we search. but i know that the coast guard along with our brethren in the navy and the air force as well as the commercial tugs that were out there helping us search did all they could in this search effort. they did all they could. our coast guard crews, our aircraft, you know flew repeatedly into that storm at dangerously low altitudes to try to find the ship. find survivors. on sunday, one of our helicopters flew for is 1 hours, over 11 hours including 2 in-flight refuelings because they wanted to keep that search going during the best search opportunity that we had on sunday. our cutter crews as soon as they

arrived on scene, it was an all-hands effort. folks who don't usually go to the bridge engineers, cooks, did so. and they grabbed binoculars night vision goggles and stay up there for hours. it meant a lot to them. i know i say all this because i want the families to really know how committed we were to finding their loved ones. to finding our fellow professional mariners. and really to find those who go down to the sea in ships and do work upon great waters. i hope the families can take some small measure of peace from that. so as most of you know there will be an investigation now that the official search will be suspended at sunset tonight. and i would like to introduce vice chairman denzar from the national transportation safety board to make a statement, as

well. >> thank you. good afternoon. i'm bella denzar chairman of the national transportation safety bore. as we reported last night, investigators from the ntsb arrived on scene here in jacksonville yesterday morning and we began our on-scene investigation of the sinking of "el faro" that occurred october 1st. before i tell you about our investigative process, i want to extend our condolences on behalf of everyone at ntsb to the families and friends of the victims of this tragic accident. and we along with all of you were very saddened to learn that no survivors have been found. our transportation disaster assistance or family assistance group has been tirelessly working with the teams that have already been provided by the u.s. coast guard and by tote to assist and inform the families and they'll continue to do this. they'll continue to support all of the families with missing

loved ones throughout our investigation, both here on the scene and as the accident investigation progresses. as i've previously mentioned, although both the ntsb and the u.s. coast guard have the authority to conduct marine casualty investigations the ntsb is the lead agency on this accident investigation. i'd like to explain a little more in detail about the ntsb's party process. the ntsb offers party sta us to companies, governments and associations that have employees, facilities or equipment that are involved in this accident. we offer party status to these organizations because they can provide the technical expertise and the relevant information supporting the development of the best factual record that we can get. we have established parties to this investigation and the parties include the u.s. coast

guard, the american bureau of shipping and tote. the ntsb has put together a multi-disciplinary team to investigate every aspect of this accident. the team is led by investigator in charge thomas rothroafi to my right who has extensive experience long-time experience in marine investigations and a group of investigators who have made progress in a number of areas. so here is what our investigators are working on as we speak. our operations group has been scheduling and conducting interviews specifically they're interviewing the master of the sister ship of the "el faro." our engineering group obtained the vessel's safety management system. they're interviewing the tote designated person ashore with the last communications with the vessel.

they're collecting documentation and scheduling interviews with the off rotation members of the crew. in the area of survival factors, our investigators are reviewing areas of the safety management system, as well. they'll be examining the wreckage which is recovered in the search and the rescue phase of the operation and also further wreckage as it becomes available. the human performance team is hard at work obtaining personnel records and scheduling. the coast guard is conducting search and rescue operations. the coast guard equipment that is used for search and rescue is different from the equipment that will be used to locate the vessel and the voyage data recorder. we are coordinating with the united states navy to bring in that equipment. we also wanted to provide you an update on the vdr, the voyage data recorder. the vdr, is voyage master 2.

it's a type of recorder known as a simplified recorder. which records the audio on the bridge as well as basic navigation information such as course and speed. there's a protected data capsule that is physically installed on top of the bridge. >> we have been listening to the vice chairperson of the ntsd bella dinh-zarr on the missing cargo ship. the coast guard announcing there they'll suspend the search operation. joining me now, a family member of one of the missing pastor robert green, father of crew member la shawn rivera and crew member denise crepp. pastor green, i'm trying to imagine what it's like for you to listening to the officials talk. the thing that struck me is when the captain of the coast guard said we want the families to know how committed we were to finding their loved ones but he

used the past tense. >> yes. i believe and i think the families believe that the coast guard was committed. i think they were doing their jobs that they have been trained to do. and of course, knowing that we have a loved one that we believe is still out there and still can be rescued we of course would like to see the rescue efforts extended. that's a very personal matter for us. i'm faithful that god can sustain those men beyond the boundaries of our whole mind and hopeful and prayerful. >> you are hoping that he's floating out there somewhere in a survival snut. >> absolutely. because i do believe in miracles. my faith dictates that god can do anything and that we can do anything through him so i have to have that level of faith. and we'd like to see that effort

extended. >> pastor your son has two children, right? a 13-year-old daughter and a 11-month-old son. i know his wife is expecting right now. how are they coping? >> yes. i can't -- i talked with her mother earlier. she was actually on the way to the hospital. this is a very trying time. of course, they want to make sure that the baby that tatiana is her name. she has a name. she is expected in november an we don't want anything to disrupt that from happening. yes. it is a very trying time for the families as it is for all families that are associated. i've talked to a lot of people still hopeful and still prayerful. i talked to a lot of seafarers and ride the ships and said they'll continue to look passing by, out on the seas just for the hope that they'll see someone or

something that can bring closure. >> we hope so for your sake pastor green. denise, can i ask you about the investigation? the ntsb saying they're the lead investigator here. at this hour what would they be looking at and looking for? >> well right now, they're going to be looking for documentation concerning tote. they're going to be talking to the employees, they're going to be talking to the family members but interestingly enough what the ntsd did not reference is the documentation of the coast guard and that's why they're a party. that's the federal agency responsible for reviewing construction and repair of vessels and reviewing safety plans and the ntsb is asking for the coast guard to hand over all documentation. when was the last time the coast guard did an inspection? did they find problems with the vessel vessel? how are the problems remedied? that's the coast guard aspect and also probably why the abs pulled into this. the abs would be a party and party of the certification

process. >> define abs for us sorry. >> american bureau of shipping. so when the ntsb said there was three parties, tote coast guard and american bureau of shipping and so they'll also be asked to provide documentation. >> more questions than answers at this point, unfortunately. thank you so much denise and pastor robert green. we wish you and your family all the very best. >> thank you. we'll go back to the story that we interrupted and we were talking about president obama calling and apologizing to the head of the organization doctors without borders today for the u.s. bombing of a hospital in afghanistan. nbc news correspondent ron allen is with us and national security producer courtney kube join me again. ron, we interrupted you earlier. you were telling us why the president felt the need to make the calls today. >> reporter: so many facts are known and the united states is already said that this was a

mistake. that it was a decision that was made up the u.s. chain of command. there are three investigations. the united states said by the department of defense, by the afghan government and the coalition forces over there and by nato. but the problem here is that medecins sans frontieres is claiming a war crime was committed and when asked about this today, the presidential spokesperson essentially wouldn't go that far. i asked, so is the department of defense going to determine whether the united states itself committed a war crime or not? basically they're trying to draw a line there somewhat. so there are still some ways to go before the united states and doctors without borders are on the same page here. but for the aid agency this is a very very profound moment. a very very profound event. and they want the international community to recognize that. they want an international objective detached investigation of this.

the united states continues to say that they'll do a thorough, fair objective and quick investigation but that doesn't seem to be enough for doctors without borders just yet. >> courtney from the pentagon you know when the doctors without borders group says that the hospital was hit with precision repeatedly it just makes us all wonder how could that happen? do we have any indication how u.s. war planes fired those, you know let go of bombs on a hospital? >> no. and it seems that every day that passes since this tragic incident there are more questions than answers. i mean it makes sense when doctors without borders says that their facility was hit with precision munitions because we do know that it was fired on by an ac-130 gunship. what that is is a low-level line of sight airkt. just c-130 platform you see of a transport plane and flying around in a circle and fires very high caliber cannons that

literally destroys the targets on the ground. they're enormous munitions and they destroy their target on the ground. they're very precise. one of the big questions we have here that no one can seem to answer and i don't know that maybe the pentagon and the u.s. military in afghanistan don't know yet, did they know it was a hospital when they were firing on it? did they get -- it is an ac-130. it is required to get a line of sight, it is required to have a visual, a target verification prior to striking d. that occur? did the ac-130 pilots and crew know that they were striking a hospital on the ground when they were given the information about the targeting? >> nbc's courtney kube at the pentagon, ron allen at the white house, thanks to you both. next hour the u.s. executive direct for or the doctors without borders. straight ahead, donald trump and hillary clinton hitting the swing states today. plus, new poll numbers and the

biden buzz. the fbi helps foil attempts to smuggle nuclear materials to middle eastern extremeistextremists. pete williams on that story. a growing death count in south carolina as authorities are closely monitoring 62 dams now. we are live in columbia with the latest.

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we turn now to politics, 2016 on a very busy day on the campaign trail. today the leading republican candidates fanned out across iowa and new hampshire. rubio in new hampshire with three town halls and defended himself against attacks of jeb bush of missing senate votes. >> i have great affection for him as a person. i'm not running against jeb bush. i'm running for president and other people running, as well. these things will happen.

>> meanwhile, jeb bush spent the day meeting voters in eastern iowa where he has said he's not attacking but telling his story. >> i'm not taking on anybody. i'm telling my story. the plan from the very beginning, this is a long journey and i want people to know what my experience is and i want to know -- i want them to know that past is prologue. >> also in iowa today, donald trump with a rally slamming both bush and rubio as examples in his words of everything wrong with politics. >> i would have said i wasn't so happy. okay? but i saw jeb and he said oh i love marco. he's a great guy, my friend a dear, dear friend. i'm so happy. you can see he's seething underneath. right? and then they said to marco, well what do you think of jeb? and he said jeb is my dear dear friend. he is -- and i said to myself this is political speak. that's why we're not getting anywhere, folks. we're not getting anywhere. >> today "the washington post"

reports trump is plotting the second act of his campaign and an act to include up to $20 million worth of tv ads and a release of a new book titled "crippled america" and trump say says we'll start seeing his wife and daughter out on the campaign trail highlighting women's health issues. team coverage on the trail today. halle jackson with rubio in new hampshire. jordan frasier with the bush camp in iowa and katy tur in iowa with trump. "the washington post" reporting that donald trump says it's time for the second act. >> reporter: yeah. and i want to clarify one thing that the campaign just clarified with me. according to them that $20 million for media buys is an amount of money they had put aside for the beginning of the campaign up until september. it's money that they had not had to use because of all the air time he's getting from tv interviews and all the times we have taken his speech live on

cable network so that's $20 million chunk of change that's still in their coffers and would not confirm or deny how much they're willing to spend down the way on media buys and we'll see if we stop taking the speeches live, if we stop doing as many stories on him, he needs to buy some tv time. they have already hired a firm a firm not affiliated with other political campaigns before to do their tv ads and they will be targeted ads according to the campaign and no reason to buy ads right now in utah and things that you haven't seen before nontraditional stuff like the instagram videos attacking jeb bush. stuff that you're not normally going the see in the campaign trail and priding themselves on being a non-traditional campaign and you heard that with what he was saying about rubio and bush just now, they both talk about how much they like each other and he called that very nicely here political speak. in the past he's called it

political b.s. and used a stronger word than i'm going to use on television and part of resonating with a lot of people that you talk to here about donald trump. they say that he's actually speaking to them like anybody else would speak to them. he's not talking down to them. he's not telling them one thing and doing another. he can show what everyone else is seeing that they're seeing through this political double speak if you will between people like rubio and bush and donald trump is going out there and being himself. i spoke to one lady just a moment ago and she had probably one of the best lines i have heard about donald trump. she looked at us saying i'm so happy you're here. he is a nut. he's a loon to get something done. that's what people say about him. they don't always agree with what he's saying and they do think that he's going to be able to get into washington and have more success than others have had in the past. >> all right. i have to let halle in here too. mario rubio in here and attacked

is that a big deal to the voters you are talking to? >> reporter: you know i asked a bunch of folks that at the town hall an hour away from here and not overly concerned and understand you can't be at the capitol and on the campaign trail at the same time and mentioned prior candidate that is missed senate votes to un notably president obama. hillary clinton, john mccain john kerry. this is something he's answering to today. i want to follow up on what you have been talking about, this idea that rubio and bush are sort of doing political facade calling each other friends. it is my sense that the two -- remember, they have known each other for years. bush was like a mentor to rubio. yes, they're competeing for the same job but i don't know that's it accurate this it's a veneer and they're bitter frenemies faking it. i think there's a real relationship there and you heard rubio talk about today and going for the same gig and rubio said

he's running for president, not overly concerned at least right now with jeb bush and what he's doing and an interesting nuance and getting questions from the media on those attendance numbers and figures. >> i'm sorry to interrupt you but, yes, may be the case, the reality behind the political facade if you will but i think people don't necessarily see that when they see somebody who's an understudy to somebody else. they're looking at it as how could you do that to them? their gut reaction is to say, how could rubio do this to bush and don't necessarily believe that they really do like each other so when trump says that i think it really hits a nerve with a lot of people and somebody speaking the truth. is it true? in reality, i have no idea. you veal a better idea from that. >> right. right. >> i have to let jordan get in. wait. >> sorry, kate. >> it is okay. i love the conversation. but poor jordan is covering jeb

bush and this actually speaks to exactly what jeb bush's problem is he can't get enough attention. >> that's right. i would add to the conversation out here on the trail jeb bush said is it uncomfortable he and marco rubio and he are going for the same job? absolutely. here in iowa jeb bush addressed the controversy using the same line he's been talking about for a couple of months. these are proposals that he started a couple of months before saying that you know congressmen and women showing up to work and don't attend hearings and cast votes, they should have the pay docked and talking about this for several weeks. seen increased frequency in the last few days. given the controversy around senator rubio. but this isn't a new proposal for governor bush and he's been talking about it. >> katy halle, jordan come back in the next hour if you don't mind and tell us when's going on then.

i want to turn to the democratic race now. hillary clinton spent the day campaigning in iowa as vice president joe biden continues to consider entering the race. today, the draft biden superpac released a first ad a six-figure buy on cable calling on the vice president to run. the ad titled my resempgs highlights the vice president's strength in coping with family tragedy. >> incredible bond i have with my children is a gift i'm not sure i would have had had i not gone through what i went through. but by focusing on my sons i found my redemption. many people have gone through things like that. my dad's definition of success is when you look at your son and daughter and realize they turned out better than you and they did. >> i want to bring in steve kornacki msnbc host and correspondent. the ad whatever your politics

are, it's a moving ad. emotional. >> very emotional ad. potentially effective but a potentially risky ad for joe biden. today david axelrod, he said it might be over the line. this might be exploiting the family tragedy that joe biden faced throughout his life. but it also at a certain point as joe biden thinking of running for president or supporting him as the draft biden movement is this is central to his appeal. the popularity zoomed up because people -- how he handled the tragedy of the son dying, the reminder of the tragedy of his wife dying, of his daughter dying, that the way he handled it central to the rise in the polls the last few months. >> he didn't voice this ad. right? this is the pac that wants him to run clipping from sounds like a speech he gave at some point. >> yeah. the head of the superpac or -- excuse me, the draft biden

committee, an organizer was saying today, no coordination obviously with the vice president but saying he was confident that beau biden, joe biden's son, would have been okay with this ad. >> quinnipiac poll about some of the swing states what did we learn? >> right. if joe biden gets into the presidential race, the first question is why me democrats, and why not hillary clinton? she has all that support locked down already in the democratic party. some new polling numbers today may give him an opportunity to make that case. first of all, take a look at this. this is quinnipiac university respected pollster. went to three key swing states florida, pennsylvania ohio they asked, do you have a favorable view or unfavorable view of joe biden? these are strong numbers, all voters democrats, republicans, independents, everything in between. strong numbers for joe biden in the key three swing states also, they matched up joe biden against jeb bush. who would you for?

in these key swing states joe biden in every one of the states florida by 4, ohio by 9, pennsylvania by 3, he leads jeb bush. looking at the poll he can say i'm electable. check this out. same questions about hillary clinton. all voters in these key three swing states positive or negative view of hillary clinton. look at this. it is negative in every single one of these states. you want a election night, florida, pennsylvania ohio -- excuse me, talking about those states. she is under water in those states right now. also you match her up against jeb bush, again, she loses. it is close and loses to jeb bush in florida right now. she loses to him in ohio right now. she loses to him by 6 in pennsylvania right now. so that is the good news for joe biden. he could look at the numbers, the supporters and say we're more electable. what the clinton people would say is there's a reason he's so popular. the reason is he's not a candidate. the minute he's a candidate that's going to change. so that's part of why this biden

decision is so critical because you look right now he has a polling advantage over hillary clinton. the other thing to quickly show you is the republican side of the race donald trump of the other news today is that donald trump continues to fare very well on the republican side but here's the downside for him. he's the only republican candidate who they tested who loses to hillary clinton. in these key three swing states and donald trump still leading on the republican side and may have to answer to republicans that question of are you electable? >> steve, i love the big board. >> so do i. >> i love it. i love the energy. thank you so much. >> sure. >> appreciate it. after the break, we are learning more about the shooter's final moments in oregon and the heroic actions of the police officers who took him down. the fbi foils a frightening plot of russian-linked smugglers to sell nuclear material. job! i'll be programming at ge. oh i got a job too, at zazzies. (friends gasp) the app where you put fruit hats on animals? i love that! guys, i'll be writing code that helps machines communicate. (interrupting) i just zazzied you.

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been trying to sell nuclear material to middle eastern extremists. according to the a.p. local authorities working with the fbi have made four busts in the past five years in eastern europe. the latest sting operation came in february when a smuggler in moldova offered to sell enough nuclear material to contaminate several city blocks the a.p. reports wiretapped conversations exposed plots targeting the united states. a middleman reportedly told an informant posing as a buyer, quote, i want an islamic buyer to bomb the americans, unquote. the a.p. reports gangs specifically sought a buyer of isis. let's turn to nbc news justice correspondent pete williams. what are you learning about this? >> reporter: number one, there's no indication that isis was involved here. one of these was a sting operation by the moll dodovan police. no indication isis was involved.

secondly, what you are seeing from the materials of the a.p. shown to them by the moldovan police what's been going or for two decades. the international atomic energy agency says there have been something like 425 such cases in the last two decades. they peaked after the soviet union broke up in the 1990s and they have been on the decline but still it's the nightmare scenario so the u.s. spends a lot of energy on it kate. >> something we don't probably pay enough attention to. attempted cases of nuclear smuggling. 125 countries in a program trying to stop this. we spend a lot of money trying to stop this kind of activity. >> reporter: and the u.s. is involved with several countries trying to get them more interested in trying to prevent this, kate. >> all right. pete williams in washington,

thank you. developing news out of oregon today. we're learning mabt the deadly confrontation between two plain clothes detectives and the gunman who killed ten people including himself at a community college last week. >> one round struck the shooter in the right side. once the shooter was wounded, he entered the classroom again. he went to the front of the classroom and he shot and killed himself. >> in a news conference today the douglas county d.a. said two of the officers who responded to the shooting last thursday heard a volley of gun fire. they ran toward the shots. the detectives who were not wearing bullet-proof vests spotted christopher harper-merser in a doorway of a building where he opened fire in a classroom. he fired several rounds at the detectives returning fire hitting him once in the right side. they're being hailed as heroes for saving lives. >> without the response of the

dedicated first responders the magnitude of this event would have been multiplied. i like many other people in this community consider them to be heroes. and they knew that they could be injured or killed during this confrontation as they ran toward the sound of gun fire. >> president obama will meet with victims' families on friday visits roseburg, oregon. we'll be right back. which means you can access your dvr at the dmv. change channels while he changes pants. you don't have to be a couch potato you can be a train potato! and let them watch all the shows they love, inside the ride that you really kind of hate. introducing the all in one plan. only from directv and at&t.

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♪jake reese, “day to feel alive”♪ ♪jake reese, “day to feel alive”♪ the death toll in the carolinas is rising today after historic storms 19 people are now dead 2 in north carolina 17 in south carolina. at the hour the floodwaters are expected to rise in south carolina as the water moves south toward the ocean. moments ago, south carolina governor nikki haley said residents should expect more evacuations. state officials and engineers are currently monitoring 62 different dams in south carolina. so far, 13 have failed.

residents near beaver creek dam evacuated their homes this morning after fears the dam would break and that particular dam stabilize and the evacuation order lifted. joining us now is jay gray in columbia with the latest. jay, there were two people who drowned there last night after driving around a barricade. tell me what you know. >> reporter: it was an area just like this. to show you the power of the water, that is huge crater. they drove around a roadblock into a spot like this. it was dark and couldn't see. look at what the force of the water can do here. their bodies discovered late today. and officials say it is something that doesn't have to happen here. they are concerned about more flooding. they are concerned about when's going to happen and where the water will go and worried about so many people getting out now that we have had two days of sunshine here. driving around barricades and into areas like this. it is not worth it. if you're watching stay at home and wait until things are

cleared up. the repair is going to take quite sometime and some of the hardest hit areas, fema officials saying more than a year. >> wow. stay out of the area. jay gray thanks so much. >> you bet. coming up news of capitol hill on the benghazi committee. luke russert will join us. a court hearing today in santa monica california will bill cosby set to give a deposition on friday. ari melber is here to explain. take zzzquil and sleep like... you haven't seen your bed in days. no, like you haven't seen a bed in weeks!

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now it seems like maybe the democrats found an opening. >> reporter: oh, they certainly have, kate. it stems from that gaffe by the speaker in waiting kevin mccarthy last week. it's given not only the clinton campaign new life according to insiders over there but also house democrats who have long thought that this select committee cost over $4.5 million in taxpayer funds was essentially a political witch hunt. today they put the concerns on the house floor and while a privileged resolution went down it is the latest attempt to try to fight this. i thought it was really striking is after that vote went down a lot of democrats had a press conference including ranking member of that committee elijah cummings and flat-out said he believed that the committee solely had a laser beam focus on hillary clinton and constructed to hurt her poll numbers and that is the most criticism that he as a member of the committee in the minority as a ranking member ever said about this so democrats are fired up.

they believe this to be a partisan witch hunt and continuing to do the optdices or legislation optically to try to go after the committee and the coming weeks, kate. >> all right. remind us again, that key date when hillary clinton is due to testify? >> october 22nd. get your popcorn ready. >> mark your calendars. thank you. bill cosby is expected to give a sworn deposition on friday. we'll talk about his legal battle next. surprise!!!!! we heard you got a job as a developer! its official, i work for ge!! what? wow... yeah! okay... guys, i'll be writing a new language for machines so planes, trains, even hospitals can work better. oh! sorry, i was trying to put it away... got it on the cake. so you're going to work on a train? not on a train...on "trains"! you're not gonna develop stuff anymore? no i am... do you know what ge is? before i had the shooting, burning, pins-and-needles of diabetic nerve pain, these feet...

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bill cosby is scheduled to give a deposition on friday behind closed doors, and a judge today decided to keep the video and transcript of that deposition sealed for 60 days. in december the court will revisit the cosby team's request to keep it sealed permanently. the judge also denied a motion to dismiss that suit altogether. it was filed last winter by judy huff. she claims sexual battery and

inflicting emotional distress. she was 15 when she says cosby assaulted her. it's that status when the incident occurred that could separate that case from others. to date 55 women have made accusations against bill cosby. cosby's attorneys have repeatedly pointed out that cosby has never been charged with a crime and they say the number of accusers does not make the stories true. they deny he ever drugged or sexually assaulted anyone. i sat down with 27 women making accusations in a group interview for "dateline." that interview will air this friday night on "dateline." i'm joined now by msnbc chief legal correspondent ari melber. ari, let's start with what just happened today. bill cosby, for those who haven't followed all the ins and outside, she's scheduled to give a deposition on friday. the court was considering whether or not that information

should be publicly available. >> that's right. and so what we know now that we didn't know this morning, and that this friday deposition, assuming it occurs will not immediately be available to anyone in the public arena. it will be two months sealed. as many who followed the story will remember it was a breakthrough when an earlier deposition emerged that showed cosby in his own words basically admitting to certain steps in this behavioral pattern that he's accused of not the whole thing. >> right. he said he obtained quaaludes, he was asked about whether he used those with women he wanted to have sex with. he was asked whether any of them took them without consent, he was told by his lawyers not to answer that question. >> exactly. >> so this is the first time really that we're hearing from -- that someone is hearing from bill cosby in his own words, a lawyer gloria allred

will be sitting with him on friday. >> exactly. and that's significant in the same way that people look forward to the reporting that you've done that will air on friday. you see all these women. you have a question is there a pattern? is he lying? are they lying? both can't be true. people say, what's it lead to where are we going to land here? well, this deposition is one of the first times since those earlier disclosures that he will be held to some degree accountable here to have to answer these questions. >> why is this case for the layman out there, why is this case different? why is judy huff's case going as far as a deposition? >> that's a great question. most of these are simply too old under state law to even get to. because a lot of the conduct is from a long time ago. california is a state that has a rule that basically says if something happened when you were a minor and you only came to discover it based on other psychological illness or impairment later, then is tolls later, that's the legal term for basically, you get extra time. >> cosby's team argued in court

filings over this case today, that the depositions should remain private. they said otherwise they're worried about, quote, his deposition testimony being spliced, edited or otherwise arranged so as to maximize the sensational aspect of this litigation. there worried this becomes a big show. >> yeah. their argument here is look what is a deposition supposed to do? it's supposed to provide an exchange of factual information pursuant to a suit or trial. and their argument is hey, if this is being used to somehow bully, attack or shame him, that's not the legal purpose. a lot of the women affected by this say it's been too long where he's been able to evade answering any questions. >> ari, thank you. >> thank you. >> our "dateline" special will be friday night, cosby accusers speak that's friday here on nbc. coming up presidential apology. president obama called the doctors without borders president and the president of afghanistan to apologize for the

u.s. air strike on the afghan medical clinic. i'll speak live to the executive director of doctors without borders. and reaction from jacksonville, florida, on the u.s. coast guard's decision to suspend the search for the missing crew members of that missing cargo ship near the bahamas. also foiled nuclear plot the fbi breaks up a nuclear smuggling plot in moldova. how worried should authorities be? how do you stay on top of your health? ahh... ahh... ahh... cigna customers have plan choices and tools to take control. so they're more engaged,

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