donald trump offering his new take on the veermt and hillary clinton. good to be with you. we begin this hour with a criminal charge against bill cosby. the legendary kmcomedian out of jail on bail this morning. he's charged for a 2004 assault that happened at his pennsylvania home. >> two other occasions leading to the criminal charge in this case mr. cosby made two sexual advances at her that were rejected. on the evening in question, mr. cosby urged her to take pills

that he provided to her and to drink wine. he committed an aggravated assault on her. >> they thought of cosby as a friend and mentor. andrea tells nbc news they're gratified by the response she's getting. prior to this cosby has never been charged with anything regarding the allegations and he has denied the charges and his lawyers have denied all the charges against him from 57 women in total. he's even filed lawsuits against his accusers in resent weeks. in a statement, cosby's attorney suggested they were motivated by local politics and came as no surprise and they intend to mount a vigorous defense against

this unjustified charge and expected mr. cosby will be exonerated by a court of law. let's get right to rosemary. this alleged incident happened over a decade ago. to understand the timing of the charge we have to consider the statute of limitations and even cosby's own words as evidence. >> that's exactly right. that's the reason we're hearing about this criminal charge right now because of the statute of limitations. here in pennsylvania it's 12 years and just about to run up. when the alleged assault first was investigating, they didn't think he could win the case. he has said he believed andrea but didn't think the case was winnable and did not bring charges. it wasn't until this past summer when the current district decided to reopen the case and reinvestigate and that's because of the civil ways. they were made public for the

first time. in those depositions were some ignitions bill cosby made. for example, he said he obtained seven prescriptions for quaal e quaaludes he didn't intend to take himself. when she was asked during the deposition if he had the drugs he wanted to to have sex with, he said yes. that new information that were finally made sub li final finally made public this summer. >> politics coming into play especially in the race for district attorney with the flat forms these district toeshs are running for being whether to charge cosby. >> let me break this down for you. 12 years ago the district attorney was bruce caster. since 2008 he's been a commissioner here in montgomery county. he ran for that position in november. he was up against kevin steel whose a first district attorney

and asis stant district attorney here in the office. it became a very heated campaign. plenty of attack adds between both parties. you had kevin steel accusing bruce caster not doing enough for andrea and us not doing enough for any other potential victims. you had bruce saying to kevin steel that there were inconsistent statements made by andrea between what she said. >> thanks for the update. i want to bring in the prosecutor. there were several other cases in this. we know there were dozens of other accusers which cases never got prosecuted. how has those civil cases come into play especially when it

comes to the akudsers stringfellowing. >> there's two issues. the civil case involving andrea comes into play in front of a jury, perhaps if this goes to trial. now, the second issue is the accusers. the accusers, all 57 of them. i want all 57 of them to testify. they probably won't be able to testify. there is a portion of the law that recognizes uncharged crimes and that evidence can be admissible if, man tis, you're trying to show motive, opportunity and in this case pattern. he had a specific pattern of pills and alcohol in these intimate situations where there weren't any eyewitnesses. >> do you think that in essence as far as the defense, you know, building their strategy will be the biggest challenge for them and cosby? >> what they have to do is hire the best investigators in the world and investigate each of

these 57 women. so when you have each woman on the stand you have to break them apart. >> 30 years ago i could ask a woman about her sexual past and make her look like a less than teller candidate. now you can't do that. >> what would be especially there in montgomery county and pennsylvania's small courthouse and with his celebrity status? >> i think the biggest concern is the jury. when you pick a jury does anyone in the world not know this guy? no. that coupled with sympathetic factor. there are going to be people who are just, who like him and there

are going to be people who want to be on this jury because he's a celebrity. >> we'll see how this turns out when it comes to his next hearing. we'll be watching that along with you. thank you very much. >> thanks. >> i want to turn now to the deadly flooding claiming at least 20 lives in illinois and missouri. this all comes after days of torrential rain triggered by a deadly weather system that struck at the nation's mid-system in the east. they're pushing new record highs in missouri that could push levies seen in a devastating flood in 93. it's forced dozens to evacuate and prompted the guard to activate. governor nixon spoke with president obama yesterday and received a pledge of federal support. i want to get to morgan radford in missouri and give us the

sense of investigation right now. waters are still in any sense at the level where they have been or actually going lower. >> they've actually risen, francis. i'm here in front of the river and it crested just three hours ago at 3:00 a.m. our time here. what's interesting is how the waters rose eight feet in the last 24 hours. that's what's predicted. what's interesting also is two of the commune did is already evacuated for two days and right now the national guard is on hand here because some neighborhoods are completely surrounded by water and people are having difficulty getting to their cars. as you mentioned, the president called governor nixon just yesterday and that was not only to offer his condolences for the 21 lives lost nehere in missour but for his support. governor nixon came out in a press conference and usualed people to avoid the roads. many drivers were killed while

on the roads and many leaving at night time. when i spoke to the neighbor yesterday he said that the biggest question is what happens next. he's unclear about what happens when some people turn off their electricity causing their pipes to freeze. not sure if they're going to have to shut down their electricity. >> it's a tough way to start the new year. thank you very much for the update. see what's happening with the weather now that can be used in the -- their favor. >> thanks francis. we're watching the threat for flooding along for mississippi river in several stages. 48 with major flooding. three places we're watching over the next few days. st. louis and cape -- are all expected to reach crest through

today and saturday. elsewhere across the country strong storms in the southeast. this could make for travel dicey along interstate 10. ept actu eventually this storm system pushes along the south. it will dry out for new year's day. speaking of which, happy new year. let's take a look at your forecast for new year's eve. we have lake effect snow in up state new york. cooler temperatures off to the west and tonight when the clock strikes 12 look for temperatures to hover in the low 40s in times square. that's great. at least we have nice weather for that. elsewhere across the country we have 26 degrees in chicago. really cold in salt lake to welcome in the new year and washington d.c. climbs to 48 degrees staying very warm across florida. all right, francis. >> we'll ring in the new year on the east coast where it's warm.

now to other news a federal grand jury indicted a friend of the gunman in san bernardino. prosecutors said there's no evidence he knew about the san bernardino attack. he could have five counts to send him to prison if convicted. 1 million people expected to ring in the new year in times square and among them some 6,000 police trying to keep things secure. we'll take a closer look at the preparations. donald trump said he had no choice to attack bill clinton and jeb bush knows what he has

planned for 2016. >> winning, that's my new year's resolution. >> big developments in the race for the white house. we'll have that for you next and a heart breaking moment yesterday. the moving image of a young boy at the funeral for his father. an n.y.p.d. detective killed by a suicide bomber while serving in afghanistan. we're back after this.

welcome back to msnbc live. officials are on high alert in the growing terror threat concerns. belgian officials cancelled the city's main new york eve's fireworks sale. n.y.p.d. boosting their security presence ahead of the new year's

eve celebration today. more than 6,000 uniformed officers control times square including the members of the n.y.p.d.'s terror force. william bratten appeared on morning joe urging people to come out and celebrate the new year. >> come on down. we're going to have the best party in the world. new york times square new year's eve event is the iconic new year's eve event. we are the world's celebration of the new year. we'll have over a million people and it will be safe. >> with me now is a former asis stant agent. don, i appreciate your being with us here this ewe near's eve.

rest assure this is going to the best place. what is the reassurance they can have that it is the safest place in the world? >> number one, when people decide to change their way of life and stay home and lock their doors they let the terrorist win. that psychological battle. commissioner is right. this is a very safe city. the n.y.p.d. and fbi have a lot of experience especially with large epts like new year's eve. command posts set up and officers and a lot of things going on behind the scenes. prevention is the key to keeping large events like this safe with so many soft targets. >> it's interesting as we take a look at times square you see the hustle and bustle of preparations already which we've seen days before the big event. there's 6,000 uniformed police officers. we also have to consider what we don't see.

cameras there, people and officers in plain clothes and more we don't realize. >> absolutely. this event, there's a lot of preparation that goes on. for months and weeks we're leading up to this event. there's a lot of things going on behind the scenes. the people most likely to do something, the ones that are dangerous are being watched and followed and informants being canvassed. so much going on. >> the center of new york city when it comes to new year's eve, what about other places like downtown and the soft targets? what's the reassurance people can get when it comes to those areas? >> police can't be everywhere. so the public has to be aware of its surroundings but don't be paranoid. go out and live your life and if

you see something, say something as the saying goes and let the professionals do their jobs and take it from there. >> and stay individuvigilant. thank you. hundreds of new york city police officers and u.s. military lined the streets in manhattan yesterday to pay their respects for the new york city police detective. lemm who is 45-years-old was killed in afghanistan last week. the funeral was held at st. patrick's cathedral. his casket was carried on the shoulders of fellow officers. a particularly heart breaking moment. his 4-year-old son gave his father a final salute. certainly heart breaking moments for anybody in the country and anybody whose a parent and anybody in law enforcement but anybody for the n.y.p.d. you see these images and it's so touching. >> it underscores how brave these individuals are to risk

their lives every day to keep the public safe. >> certainly, something we'll keep in mind as we remember him, joseph lemm. thank you very much. turning now to the world of politics, jeb bush began the year in a dominate position and now being forced to shift resources. bush is emptying out his miami headquarterers and pouring staff into the early states instead. last night bush said his campaign is not on its last leg. >> we're all in. the schedule will show we're all in. the amount of people working and all the work that's done to be able to convert these people into voters in a contested race. having the best organization on the ground is how you win. >> donald trump continued to look past his primary opponents and focus on a general election match up with hillary clinton

this time likening her to george bush. >> low energy can be applied to hillary. i don't like to use the same thing twice on one of my enemies, right. i consider them enemies. we view this as war. it's war. >> hillary doesn't have a clue. by the way, talk about low energy. she has lower energy than jeb bush which is hard to believe. >> i want to bring in now washington national politics reporter covering the race. i appreciate you being here this morning and i want to start with jeb bush and the move he's making now and especially when you read into it, symbolically, what does it say about the state of his campaign? >> well, he's been getting questions about deviability and how he's going to win or come back for months. not a good place to be. this is not the campaign his folks invisioned about a year ago when this began. this is now the third shake up

quote unquote of the year for jeb bush. not so great. you read the resources again to these early states. it's like what do you do when your product is not selling and when the gerl you like isn't texting you back? you can read the resources all you want but you got a fundamental problem you're not getting through. they can believe as much as they want that their organization is going to carry the day and it may but still when you see his low poll number, they've tried everything for months. it hasn't really worked. at this point you have to look at them and say can they afford the tv in iowa and south carolina they cancelled as hard money just that. scarce at this point. all along they're going to have the super pact that's going to have a hundred million dollars or so in the bank. they were going to wheel the knife and that's going to be the case. what you could see is the increasing focus on new hampshire. jeb bush wanted to run a national campaign and build a national organization and run a real front runner's campaign and

make it clear to everybody he's the guy to beat especially because of his fundraising. that hasn't happened. he's been forced by his low performance to pick a battlefield and that's new hampshire. we'll see there's a possibility being forced to do that could help jeb at the end of the day. he's picked a hill where he's had to fight and where he may die on but at least he knows he's fighting. a lot of concerns with marco is he's out there and hasn't picked a state where he's going all in. >> bush's anothing liking a girl and not texting back. putting the analogy further spending money on flowers and cars. i want to talk about donald trump again. here's a little bit we want to talk about. >> last week she's been hitting me hard with the women card. really hard. i tell you who doesn't like

hillary. women don't like hillary. i see it all the time. always so theatrical. mr. trump said this and that. oh, and you just, i actually. i shouldn't do it. i just have to turn off the television. she just gives me a headache. you know, although i think last night i gave her a big headache. i can't imagine. i can't imagine those discussions. i talked about her husband and the abuse of women. it's tremendous abuse. now today the television is going crazy and she gets up and makes a speech and doesn't mention anything about me and sexism or anything else. i wonder why. >> trump with a claim he silenced clinton on sexism and maybe he got the last word or will it be the last word. will he continue on that same path or detour in shift? >> this is what he does. he moves from thing to thing and

creates this mellow drama that keeps him in the news. it was his comment that drew the response from hillary that now enabled donald trump to come in and talk about something i think the public for the most part has seemed to come to terms with over the past few days. so donald trump really trying to bring that out again. i think there's some weariness from other republicans that you don't want to play into hillary's hands. she's good on her heels, when people are made to feel sympathetic for her. for now, it's a short term play for donald trump that keeps him in the news and i think that's what he's going with. >> unless bill clinton engages when he hits the campaign trail. something we'll all be watching when he hits new hampshire campaigning for his wife. thank you very much. good to hear from you. still to come, don't get left behind. the washington post out with their annual list of what would be big in the new year.

we'll take you through the list including whether nudity is in or out for 2016 plus just in time for the new year. the new season of jerry seinfeld's popular web series is here with a special guest i think you might know.

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and welcome back to msnbc. officials in missouri keeping an eye on water levels that are expected to be three feet higher today. the mississippi river is expected to reach nearly 13 feet above flood stage. chicago mayor rob emanual has announced changes in police trade on use of force. it includes doubling the number of tasers for the use of

officers. the move follows a series of shootings by officers and a federal civil rights investigation into the department's use of force. now to some lighter fair. the seventh season of jerry seinfeld's season excecomedians cars driving around with none other than president barack obama. that 19 minute episode features seinfeld and the president driving around the south lawn in a 1963 sting ray. here's a little peak. >> how many world leaders do you think are just completely out of their mind? how many do you look in the eyes and say this guy is gone? >> part of what happens, these guys, the longer they stay in office, the more likely that is

to happen. >> of course. >> hey, it's something when you're cracking jerry seinfeld up. now to the washington post with what's in and out for 2016. reporter jessica writes this quote. i'm going to read it but it's in the force of a certain g.o.p. front runner. she says this. you don't want to be a loser. this is going to be huge. huge. earlier i turned on the television and there's a new poll. i built a list, a great list, beautiful list and nobody builds lists better than me, believe me. the best people told me what's coming and the martest people incredible sources. follow the list and you'll be a total winner. nice guy.

don't like it? you're fired. donald trump. you got it. jessica joins me now. let's get right to the risks. kudos on that. when it comes to your risk, let's start with this. endorsements verses tweets. twee tweets are so 2015. >> well, it's what we said endorsements out and retweets in. what we try and do with the list every year since 1978 we look at what's been going on in the past year and try to speak to what's happening now, what people are thirsty for. the political arena isn't looking like it's going to matter as much as donald trump's tweets. the number of retreats they can get seems to matter these days. >> that's infinity for 2016. this as far as next on your list. number two, out vine stars are

actually showing this one. it's interesting. this is a serious topic here when it comes to any time there's a shooting, especially that's what we hear, thoughts and prayers, right. >> this year, a number of shootings or other tragedies, it really seems thoughts and prayers is something totally acceptable to say seemed a little tone deaf because there was so much tragedy happening. people were sick of hearing about thoughts and prayers. we're not sure what people are going to find as the new thing they're saying but we called background checks in for a number of reasons. one because many americans support them including those who are gun owners and also talking about other background checks. background checks for those coming to the united states. background checks are going to be a big topic in 2016. >> interesting, you get something as serious as

background checks. now that the trend is over, and the calender mooved away from the traditional nudity to use people for their personalities, that's why we think nudity out for 2016. >> i can't wait to look more an this. especially amy out and isa ray. jessica, i appreciate it. we'll be rooking for your full

2016 list online at the washingtonpost.com. up next, we'll go back live to pennsylvania where bill cosby out on bail accused of aggravated indecent assault. stephanie joins us with the latest on that case ahead. i asked my dentist if an electric toothbrush was going to clean better than a manual? he said sure. but don't get just any one. get one inspired by dentists. with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque and rotates to sweep it away. and oral-b delivers a clinically proven superior clean versus sonicare diamondclean. my mouth feels super clean. oral-b know you're getting a superior clean. i'm never going back to a manual brush.

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back now with this morning's top stories. for the first time 50 women started accusing bill cosby for sexual misconduct, a criminal charge has been filed. stephanie joins us from pennsylvania with those details. stephanie, good morning. >> reporter: hey, francis, good morning. he said it was cosby's own words that retriggered the opening of

the vetinvestigation. 78-year-old bill cosby stumbling into the courtroom to face felony charges of aggravated indecent assault clearing a $1 million bail to return to his nearby home. prosecutors say that's where former temple university employee agreed to take pills and drink wine. then felt frozen and paralyzed as cosby allegedly performed sexual acts against her wishes. while no criminal charges were filed at the time, constant filed a civil suit in 2005 that was settled a year later. it was excerpts from a deposition taken from this suit that triggered the new criminal case. constant's attorney asking cosby about his purchase of quaaludes in the 70s a now banned drug. was it in your mind you were going to use these for young women you wanted to have sex with? cosby answering yes. >> reopening this case was not a

question. >> the new charges were announced by the montgomery county district attorney who just won a heated political election by running his attack add against his opponent. >> a former d.a. aid who refused to prosecute bill cosby. >> we made this determination because it was the right thing to do. >> cosby's attorneys suggested the charges were motivated by local politics and came as no surprise. we intend to mount a vigorous defense against this unjustified charge. we expect that mr. cosby will be exonerated by a court of law. the reaction was swift and harsh on social media. one tweeting if i believed in hell, bill cosby would be going there. one of the 12 women who came forward as a jane doe in the 2005 civil suit says she doesn't admit cosby will admit any wrong doing at trial. >> i have never known him to be

a person that tells the truth so no, i don't have a particular desire to hear him testify. >> reporter: cosby's defense team has repeatedly denied these allegations from the very beginning in fact filing nine defamation lawsuits in resent weeks against accusers. cosby is due back in court january 14th. if he is found guilty on these charges he could face up to 10 years in prison. back to you. >> all right, stephanie for us outside bill cosby's pennsylvania home. thank you very much for that report. still ahead, organizers in brus sells are dismantling the set up for their new year's celebration after cancelling for fears of attacks. we'll take a look at that and security threats here at home as we leave you with this live picture of new york's times square.

the terror threat remains with at least two terror attacks being planned. one in belgium and one the

turkey. there were arrests in brussels. military clothing and isis propaganda but no weapons. a suspect was arrested involved in the paris massacre. a gunman opened fire. the attackers had pledged allegiance to isis. in iraq it's army defeated isis providers were claiming rimadi. they captured the city back in may after government troops fled. here at home security has been increas increased. the n.y.p.d. taking an approach to prevent a terror attack. joining me now is former executive assistant and chief security officer sean henry. i appreciate you being with us

here this morning on new year's eve. just a couple blocks away we see the presence already this morning leading up to the celebrations tonight. you see globally in other areas new year's eve celebrations cancelled. some may say i'm a bit uneasy, i'm not sure if i'm going to go out with a record number of law enforcement tonight. what's the reassurance they need again? >> first of all, we have to understand this is a global threat. there's good collaboration in r internationally between fbi here and international partners. here in new york people need to understand the professionals are doing their job day in and day out. this is the best police department in the world to handle this type of event. they handle dozens of events every year massive in scale. there's lots of intelligence. the mayor and police said there's no specific credible threats. nonetheless, we know there are people out there trying to harm americans. we have the police department

with multiple layers of security, bomb detection dogs, thousands of police officers. people need to go out and enjoy the situation. they need to be aware and alert. >> even before san bernardino during the thanksgiving holidays the president came out saying there is no specific credible threat and yet we saw those attacks happen. some say there may be another paris even though there is no specific credible threat. the fbi said a few months ago there are active investigations against these that are following the rhetoric in all 50 states. the problem is you don't know what you don't know. there may be people out there who are actively looking to create some havoc. the professionals are doing their job. citizens need to be aware and need to be alert. they can't hide in their homes. they need to go out and do their day-to-day activities. how about the threat for soft targets?

maybe not in times square but a ma mall in cleveland or suburb of dallas that may make people on edge this year? >> the concern is those radicalized at home. isis' propaganda in fight where you stand. you don't need to come into the middle east to fight with us. you can fight wherever you want. the intelligence agencies are investigating and using the authorities they have at hand and all the resources they have. we cannot sit back and sit in house. we need to go out and do our jobs. people can't be isolated and frozen in place. >> we've heard that time and time again whether it is new york city during the parade or times square saying you know, what this is how we're going to show that we will not you know. >> it's their objective. they want to cause fear. that's part of their objective. we can't allow that to happen. >> thank you as always. up next the so-called mom of the

teen is back here in the united states. her son, the one accused of violating probation is in new mexico.

the affluenza teen's deportation is on hold but his brother was brought back to the united states overnight. gabe, any indication how much longer you think couch will be held in mexico? >> it's a big question right now, frances. there were a lot of fast-moving developments overnight. his mother is expected back here in texas to face a judge at some point. the question is when. as for her son, he's still in mexico but for how long? this morning tanya couch, the mother of the so-called affluenza teen is back in the u.s., deported from mexico, she arrived in los angeles overnight. >> people are going to want to

know what were you thinking. >> prosecutors in texas planning to charge her with hindering an arrest for allegedly helping her son run for authorities, a felony that could put her behind bars for up to ten years if she's convicted. meanwhile ethan couch was rushed from this immigration facility in guadalajara to mexico city. his newly obtained mexico attorneys have filed paperwork to block his deportation. >> it's on their time schedule. we've seen these things happen as quickly from two weeks to two months. it depends on the court system down there. >> does this motion indicate that ethan couch wants to stay in mexico for the long haul? >> i think it does or at least that ethan wants to stay anywhere besides the united states. >> this gritty apartment is where they were arrested monday. mexican authorities say the pair did not register when they

crossed the border in this pickup truck. couch had been on the run sense failing to economic in with his probation officer. the 18-year-old killed four people when he drove drunk in 2014. the defense argued he grew up too affluent to know what was wrong. investigators are checking whether friends or relatives knew about their escape plans. some say the plan threw a going away party. >> it's just another example of the arrogance the entire family has. >> ethan couch's father released a written statement saying he's cooperating fully with the investigation. investigators do not believe he helped them run from the law. >> gabe gutierrez, thank you. up next, deadly massive flooding is threatening to become an historic disaster.

plus bill cosby free on $1 million bond, accused of aggravated indecent assault. why are charges just being filed? and donald trump says the environment is in trouble with his hair. our research shows that people really like how with directv you could put tvs anywhere and not see cable wires and boxes in every room. why can't we get people to just say cables, schmables? hold on, hold on, i really like what you're doing there because if we just add "schma" in front of something, it just doesn't seem like a big deal. boxes, schmoxes. there you go. cold sore, cold schmore. yes! scotch, schmotch! what? i'll take some of that schmotch! alright. schmank you! (vo) get rid of cable and upgrade to directv. call 1-800-directv.

. i asked my dentist if an electric toothbrush

was going to clean better than a manual? he said sure. but don't get just any one. get one inspired by dentists. with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth

to break up plaque and rotates to sweep it away. and oral-b delivers a clinically proven superior clean versus sonicare diamondclean. my mouth feels super clean. oral-b know you're getting a superior clean. i'm never going back to a manual brush. bill cosby free off bail this morning. this is the first time he's been charged with a crime. plus, historic and deadly, that's how the deadly floods are being called. is the worst yet to come, though? and donald trump sharing his take on hair care and the environment, while jeb bush makes big campaign moves and a simple new year's resolution. >> winning. that's my new year's resolution.

is that a good one? >> good morning. i'm richard lui with you. we begin with the criminal charge against bill cosby. the legendary comedian is out of jail on $1 million bail this morning. he's charged with aggravated, indecent assault for a 2004 incident that prosecutors say happened at his pennsylvania home. >> on two other occasions before the incident, leading to the criminal charge in this case, mr. cosby made two sexual advances at her that were rejected. on the evening in question, mr. cosby urged her to take pills that he provided to her and to drink wine. the effect of which rendered her unable to move or respond to his advances and he committed aggravated indecent assault upon her. >> the alleged victim is a

former temple university employees who thought of cosby as a friend and mentor. her lawyer says her client is gratified but is troubled that it took this long for cosby to be charged. he has pleaded not guilty and his lawyers have repeatedly denied all of the sexual misconduct against him. from 57 women in total, he has even filed defamation suits against seven of the women. his attorney says we tend to mount a vigorous defense against this unjustified charge and we expect that mr. cosby will be exonerated by a court of law. >> rosemary, let's talk about this alleged incident that happened over a decade ago.

tell us the timing, the statute of limitations, 12 years. >> that's what's really important here richard. the reason we're hearing about this criminal charge right now is because of that, the statute of limitations. it was just about to run out, days away. that's why the district attorney's office made the announcement yesterday. when the alleged assault was first investigated, the district attorney did not think this was a winnable case. he has said he did believe andrea constand but there wasn't enough evidence to mount a case against bill cosby. it wasn't until this past summer that the current district attorney decided to reopen this case and reopen the investigation and that's because of depositions given and made between the civil case. those depositions finally became public. once that information was unsealed, that was the impetus for the district attorney to take another look at this case. what we learned from those depositions was that bill cosby

made admissions about prescription drugs he obtained, drugs that he would give to women. we also learned some other admissions from bill cosby and that's what's prompted the district attorney to bring this criminal charge now. >> rosemary, as you know, it came out around 10 a.m. when the district attorney mentioned this charge. you were then later in the courtroom, in the arraignment when bill cosby came in. what was that like? >> reporter: it's interesting because it was a very different image than what we're used to seeing of bill cosby. there have been some reports out there that cosby is having trouble and difficulty with his vision, that he may be partially blind. his attorneys did not mention that at all yesterday but what we saw from bill cosby when he arrived at the courthouse was both of his attorneys on either side holding on to his arms. he was carrying a cane. at one point he stumbled to get up on to the sidewalk. when he came into the courtroom, i watched both of his attorneys

guide him to his seat and sit him down. again very different from what people are used to seeing. this is somebody who was performing standi istandup on t the past year. everyone will be watching his every move, he is present for the next court appearance for a preliminary hearing. >> quickly here, this particular assistant district attorney, what do we know about him? why is this the case he wants to pursue? >> reporter: well, first district attorney kevin steele was just elected district attorney of montgomery county in november. so he has been involved in this reopening of this case since the summertime. as i mentioned earlier this morning, this was a very heated issue during the campaign this past fall. kevin steele, as he was running for district attorney, had said the previous district attorney didn't do enough for andrea constand and that he would look into this case and if charges

were necessary, he would bring them. >> great reporting. thank you from our sister station in philadelphia. eric, several issues that may arrive from the civil case, what do you think is next in this process he was arraigned yesterday. >> he already pled not guilty. what's next is going to be about discovery. the prosecutor has to give the defense everything they have in this case and they're going to go through that page by page, piece by piece, to see what elements they can prove reasonable doubt. if they can give one doubt to a juror that he may not be guilty. and that may be one of their tactics in order to go forward in in case. >> when we were talking about there with rosemary, this particular district attorney elect, he made it part of his election. any elements that you would consider based on that approach? >> some of the public is not going to like that. obviously over 50% of the people in his county actually voted for him but some of the public are

not going to like that because this man came in saying i'm going to prosecute this case and people don't like political prosecutions. and this is what this is turning out to be. obviously where he ran ads saying this other dnchs a. did not do enough, i'm going to do it, i'm going to charge bill cosby. people don't like that. >> i was looking at at least four different angles you could look at. there's also the mother of the alleged victim who has come out and spoken to those involved in the case. what do you think will stand out in terms of different accounts? >> one thing that's going to stand out is she took the pills willingly and she was an adult at the time. that's going to stand out with some people. because in rape cases people want hard core evidence. they can't more so clothes ripped off, that type of rape case. this is something different. this woman took the pills willingly. so someone may have a problem with that. you have to have a unanimous

verdict. every single juror has to vote guilty. if you have one juror not convinced beyond a reasonable doubt, that's a hung jury and you may have to do it all over again. >> this morning we will now move to weather. another big story we'll watch on new year's eve, at least 20 dead in illinois and missouri in historic flooding, a situation so bad, official does not know how many people have lost their homes. >> richard, this is one of several rivers surging today. it has risen to nearly 30 feet blof flood stage. there is some good news. it appears it crested just a short time ago. the bad news, several levies are in question. will they all old? the miss, missouri and merrimack

rivers are raging. homes here have washed away. neighborhoods are torn apart. at least 21 in the area are dead, a death toll many fear will rise with the water. >> i've never seen that before. well, it's an historic flood. >> parts of i-44 shut down. the coast guard and the national guard have been deployed. all hand on deck ready for rescues. in some spots outside st. louis, flood records have been shattered. in eureka, they've never been hit this hard. >> it's four feet high here. i'm 6 feet tall. >> thousands of homes are in danger. nearly two dozen levies are at risk. power plant water facilities are down, water cresting around valley park where nearly 900 have been forced to pack up and get out. >> it's really devastating to think about everything, our own home going under and everything in it. >> with the mississippi river in

st. louis expected to crest today, the flood stage sits at 30 feet. the water here expect to reach 13 feet above that. they're packing tens of thousands of sandbags to fortify cities big and small. the next 24 hours are critical as the water rises, any sense of comfort vanishes. >> i just pray everything goes good and we're safe. >> another major interstate, i-55 is also shut down. the u.s. army corps of engineers say they are worried specifically about 19 vulnerable levees. later today the mighty mississippi is expected to crest. can the riverbanks hold back all that water? >> litz bring in bonnie. as we watch the mississippi here cresting as we look farther done the river, there's still

concerns. >> absolutely, richard. this is an ongoing event on into january. but the immediate threat sarnd the st. louis area and just to the south like girardeau. 48 cities are at the major flooding point. we're watching closely for those area to kroes. and elsewhere, we're watching snow. the cold air can't hold the moisture anymore. as soon as that air mass comes back over land, it dumps snow. so how much snow will we see? what a way to end the new year. we're getting a lot of snow, 6 to 8 inches north of jamestown and into ithaca you'll get up to 6 inches so you'll have to shovel out on saturday, as we start the new year. we're looking at temperatures

that are still pretty comfortable in the northeast but much colder in the northern plains. we're expecting temperatures at times square to drop done to the low 40s. that's pretty comfortable compar compared to years past. we're welcoming the cold, 26 in chicago, 28 in minneapolis, 31 in denver. this cold air will come in eventually to the east. it's going to take a few days or maybe a week or so but we'll get there. >> i don't mind a little dollop of cold right now. still ahead, as jeb bush shakes up his campaign, donald trump shakes up a can of share spray and australia ran in the new year moments ago. we'll talk to a former high ranking fbi official about security preps in times square.

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hair spray is going to affect the ozone. i'm in my room in new york city and i want to put a little spray so i can -- right? [ laughter ] [ applause ] but i hear they don't want me to use hair spray. they want me to use the pump, because the other one that i really like better of big bing, bing, bing and then it comes out in big globs and you say oh, my god, i got to take a shower again because my hair's all screwed up. right? >> yesterday donald trump complaining that regulations are

hurting his hair care products. even though ozone damaging products have been out of use, hallie jackson has more on that. >> reporter: jeb bush says his new year's resolution is winning. to have a shot at that, his campaign says it's got to shake up its strategy, which is why you're seeing jeb bush in an abrupt move pull millions of dollars off the airwaves and key battleground states like iowa and here in south carolina. jeb bush insisting his latest move is not a desperate one. >> it's not. having the best organization on the ground is how you win. >> it's why bush says he's shifting staffers out of his miami headquarters to key early states, like new hampshire where he's betting it all. >> we need to lead. >> and cancelling $3 million worth of tv ads. the latest shake-up in a

campaign struggling to find its footing, slowly sliding since the summer when bush led the gop race. but even presidential star power, support from his father and brother, hasn't lifted him out of single digits in recent national polls. >> i'm tough and i'm tough. >> call it the donald trump effect, and in a new interview this morning, bush is calling trump a creature of barack obama, saying, quote, but for barack obama, donald trump's effect would not be nearly as strong as it is, arguing both have divided the country instead of uniting it. trump, sounding frustrated with bush's attacks -- >> i shouldn't even talk about him, he's down to 2 or 3 but it bothers me when i see a guy spending $60 million on ads against me a lot of it, right? suggesting a new move for his republican rival in the new year. >> why is he doing this? he should just go home, relax.

>> reporter: a key deadline for candidates today, how much money they've raised over the last three months. overnight, ben carson's campaign said it pulled in more than $23 million and a bit more than ted cruz, who brought in about $20 million. >> joining us, former communications director to john edwards 2008 presidential campaign. chris, what do you make of jeb bush's move here as he moved some 50, 60 heads as from been said here from location to his headquarters to a key state. >> basically it's his last gasp. when you see a campaign making those kind of shifts at this point, they're basically making the calculation they can't win by keeping either resources or staff in their headquarters. there's always a bit of shifting in any campaign whup get closer

to the primary dates but the more dramatic thing to me was not just the shifting of staff but when you're cancelling buys, more specifically tv ad buys because that's tells me they're running out of resources. in iowa he's in bad shape. in new hampshire he's arguably even worth. i don't know what path exists for him. he's the wrong candidate, the wrong time, the wrong place and the wrong race. >> that contrasted with donald trump saying he's going to spend $2 million per week and weep get the latest figures from cruz and carson when they're in the 20 millions. it's certainly a contrast of deferences here. >> i think it's really simple. jeb bush is simply not the right candidate for the republican party. the republican party is a fractured party. it has gone extreme to say the least. they're attracted to someone like trump, who i will argue is

not a viable candidate but he clearly attraction media attention and you have even less viable in senator cruz. jeb bush doesn't fit in that race. >> is it also the way the communication styles are leveraged today? we see donald trump sending out a tweet in a matter of seconds here. it's been said that jeb bush if s a paragraph candidate in a twitter campaign, a twitter world. that may be true. >> donald trump is like a car accident candidate. you can't look away. >> including his hair, right in. >> literally making jokes about your hair and hair products gets you media attention if you're donald trump. it wouldn't get you media attention if you're jeb bush. how is the way to escape that?

i just think what's going to end up happening here and we're going to get into february, maybe early march. he's going to have lost so many races, he's going to have to drop out. >> let's talk about what donald trump is now saying about hillary clinton. this is what he said on the stump in south carolina yesterday. >> for the last week she's been hitting me really hard with the women card, okay? really hard. and i had to say, okay, that's enough. i'll tell you who doesn't like hillary are women. women doesn't like hillary. i see it all the time. and always so theatrical, mr. trump said this and that and this. oh, i actually -- i shouldn't do it. i just have to turn off the television so many times, she just gives me a headache. although i think last night i gave her a big headache. i can imagine. i could imagine those discussions. i talked about her husband and

the abuse of women, the tremendous abuse. no, it's tremendous abuse. and now today the television is going crazy and she gets up and makes a speech and doesn't even mention anything about me with sexism or anything else. i wonder why. i wonder why. >> chris, that will be a clip that will be analyzed a hundred different ways. he has gone to the line here in ways no other candidate has in discussing women and yet he is moving forward. women are supporting him in the republican party. is donald trump declaring victory as he moves towards hillary clinton and going at her very strongly. >> when it comes to donald trump, we should not be surprised with anything that comes out of his mouth. there is no line, no phrases he will not utter in order to basically grab media attention. this is unfortunately a master at that. but that does not translate into

votes and general election viability. hillary clinton is incredibly qualified and capable. she's got vision, she's got policy position, she's got experience. she's substantive about wh she talks about the issues and she can actually articulate them. donald trump can't even finish a sentence. so at the end of the day i think we're all going to be attracted to whatever comes out of his mouth but voters are going to sit there, especially in the general election, if he happens to be the nominee and they're going to judge these candidates based on their vision and their capability to be president. he just simply isn't credible. >> thank you. sydney, australia, one of the first places around the world to ring in 2016. as americans get ready to celebrate, law enforcement tightens security. we're getting a little bit of a preview of the who la. what are you seeing in terms of security arrangements down there in times square? >> there as a lot you mentioned

around the world, preparations are under way there as well as the clock starts to go past midnight in cities around the world. there's one city that has cancelled its new year's eve festivities all together. this morning americans are getting ready to ring in the new year. law enforcement is preparing, too. on the lookout for any suspicious activity in cities throughout the country. in new york police are deplay ploying up to 6,000 officers in times square where nearly 1 million people will gather to watch the ball drop at midnight tonight. >> we strategically deploy our offices in the other burrows to areas where there will be large crowds. >> earlier this month the nypd conducted a new demonstration of

its and meantime in los angeles, officials are gearing up for tomorrow's rose parade. and in chicago security preparations are under way for their and tonight's major events are scheduled to go on as planned. overseas authorities are taking more extreme precautions and in paris there will be no fireworks show. the city still reeling from november's terror attack is mobilizing more than 11,000 police and military officers, 2,000 more than last year, and belgium officials have cancelled new year's eve festivities in brussels in fear of a possible terror threat. back here at home, spirits rear main high with law enforcement training for weeks hoping to ensure that americans have a safe and happy start to 2016. >> now, in light of the high

security that will be in place today, one nypd official said "new york times" and times square just might be the safest pla place. >> let's bring in don borrelli you just heard ron say it could be the safest place on earth. do you agree with that? >> i do agree with that. you have 6,000 officers that are going to be deployed there. then you have everything going on behind the scenes, the cameras, the sensors, the dogs, undercover officers. and outside of that you have this whole intelligent they're watching what's happening around the world, sharing intelligence. this is all going on at the same

time. >> they know how to move a lot of people quickly and safely and they do a fantastic job at it. >> what's different in this year than last year and previous years, don? >> i think you have to look at past events. and san been dino, of course, you have this threat of isis inspired, the fbi director called it crowd source terrorism where somebody might not have any direct connection with isis but may have access to weapons. >> how do you deal with that in this situation specifically? >> that's the biggest challenge. you have to have multiple layers of protection, but you also have rely we have that saying, that's

now true more than ever, but don't be tear void. doesn doesn't. >> it's not only going to be the safest place but packed. >> packed. and great weather. have a great evening. >> coming up, the latest on the criminal charges leveled against bill cosby.

. legendary comedian bill cosby out on bail for a four incident that happened at he is home. she is one of more than 50 women

apr accusing cosby of sexual misconduct. his attorney said the charge came as no surprise, we intend to mount a vigorous defense against this unjustified charm and expect mr. cosby will be exonerated by a court of law. >> officials in missouri still keeping their eyes on water levels that are expected to be about three feet higher than the record. the mayor has ordered mandatory evacuations for some 400 homes this new year's eve. chicago mayor rahm emanuel announced changes in police training and department policies on use of force. it includes doubling the number of tasers available to officers from 700 to 1,400. the embattled mayor is under pressure to resign over his

handling of police misconduct. >> let's bring in sarah eisen live from the new york stock exchange. i bet there's tons of people there on this last day of 2015. there's you, right? >> we have a full day of trading here, the last one of 2015. there's some drama in today's trade because until today, one day left of the year, the s&p 500, the broad stock market, so far for 2015 is up 0.2%, barely higher for the year, which means today's action could make or break the year in terms of a positive year for the fourth year in a row or a negative year, which could be the worst year for stocks since the financial crisis. we're going to have to see how it shakes out. but don't let the flat

performance fool you. i picked out a few highs and lows for the year. best performing stocks, netflix, up 140%. amazon a close second, up 122%. so investors went for the disruption stocks on technology. energy got killed this year, no surprise. worst performing companies on the index, energy companies down 24%. that was driven by the price of oil, down for a second year, the price of oil down 31% for 2015 with one day left of trading. when it comes to the outlook for next year, a few big themes investors will be watching. number one, the federal reserve, the central bank lifting interest rates from zero for the first time in a decade in december. we want to know know what's next, how fast will they go from here? how many more interest rate rises will we see? and this summer worries about

the chinese economy sent our stock market into a correction, down 10% from the high. it led to the fed waiting to raise interest rates and caused all sorts of problems for commodities. will china recover nest year or will it slow down further? oil and stocks are tied at the hip right now. will oil fall even further? yes, it's great for consumers that we have lower gas prices in this country but investors are worried about the impact on the economy. job losses out west, the spillover effect into the credit market. those are a few concerns that folks here have about next year. >> i should have lessened to ron when he told me watch the markets, watch china. so sarah eisen saying a lot of the themes of 2015 will. >> up next, the stop stories that will drive the foreign policy debate in the new year.

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welcome back to "msnbc live." the terror threat remains active in belgium and in turkey. two people were arrested earlier in connection with a plot on new year's eve. a tenth suspect was arrested with involvement in the paris attacks. in russia, one person was killed and ten were wounded after at least one gunman opened fire at the ancient citadel in durbin. the attackers had pledged aleenls aaleenl s a -- allegiance to isis. isis militants captured ramadi back in may after government troops thread. i'd like to bring in retired

british officer michael kay. you want to start with syria, no doubt. this has been the headline for the year. >> yeah, it's the obvious one. but i think what's interesting about the dynamic in syria at the moment is the way that putin has come in in september and taken a grip of the situation. the regime was capitulated in damascus and in the north. i anticipated putin coming into this because he wants a managed transition. putin is not stupid. he knows the future of syria doesn't involve assad but he doesn't want it to be a libya-type situation where the leader is disposed and you'll see putin coming into a position of strength of negotiation -- >> as a power broker. >> as a power broker. >> so moving into 2015, it was

thought at least by the administration's perspective that the big focus in the focus of the theater would be asia and chan. as you look at china in 2016, do we see it only being an economic headline? >> no, i think we see the land wre reclamation. china's only engagement really is vetoing any propositions of the united nations security council. they're growing this land reclamation -- >> the islands? >> exactly. and you're seeing america in the radar basically pushing the boundaries on where those international waters start, for example, there's a b-52 that went very close to the airspace. they put up this air identification zone in the east china sea. i think you'll see more provocation occurring as china builds this -- >> do you think there will be

military concerns based on these new islands that they're basically pouring sand into the ocean to make? >> i do. if china start putting naval bases there and increasing their footprint in the south china sea, that's going to worry vietnam, worry taiwan, worry japan. america is going to be there as the back stop but i think you'll see more provocative military incursions and those skirmishes talking. >> yemen and libya. >> yemen is flying under the radar. the bombing campaign has been going on since march 2015. there's a massive humanitarian crisis going on there. syria has porous borders. i think we'll see isis start to flee not only into yemen ben

bernanke also into libya. >> do you see an economic crisis with oil that may become very difficult for the west? >> the u.s. is $18 trillion in debt and saudi arabia ran a deficit of $90 billion. the human rights going on in saudi arabia, the way that saudi arabia exports for example. and also the arms trade. the arms trade is thriving between the u.s. and saudi arabia. i think that's something with the quid pro quos of the goings on needs to be addressed in terms of moving forward. >> we've hit a the love continen continencouldn' -- lot of continents. what about colombia? >> i think in colombia there is

a cease-fire, negotiations over the last three years, i think that is progressing. if that cease-fire does manage to hold, what we will see for the first time in a long time bearing inmind the farc have been in existence for many years, i think that will be the headline. >> thank you so much mikey kay. appreciate your time. still ahead, we'll talk to a special guest who has big plans not only for new york but for the entire planet. don't forget grandpa. can the test drive be over now? maybe just head back to the dealership? don't you want to meet my family? yep, totally. it's practically yours, but we still need your signature. the volkswagen sign then drive event.

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that was video to support the united nations global goal for sustainable development. this evening's organizers of the times square new year's eve have partnered with global citizens to support those goals, as well as to further the movement to end extreme poverty by 2030. joining us is the co-founder of global citizen, hugh evans. what you would like to do is say hey world, hey new york city, hey united states, pick one of the 17 stgs, the sustainable goals, development goals and make it the change in 2016. >> that's exactly the plan. so we're really honored that the times square alliance chose to partner in this historic year. this was the year that the world came together and they adopted 17 goals called the global goals for sustainable development, designed to end extreme poverty by 2030, tackle inquality and

climate change. tonight these goals provide a road map for the next 15 years. we want people as they think about new years and what the resolution will be to pick one of these goals for the year ahead. >> and the fact that the u.n. agreed on these goals is amazing lamazin amazing. let me go through a couple of them. >> number five. >> number five is gender equality, making sure women are achieving gender equality and empower all women and girls. >> i know they're all your favorites. number four. >> it's all about education, about providing universal access

to a full 12-years of education. this is something that malala has inspired. >> and she has a great new movie as well. >> you have a card that breaks down all 17, right? >> that's right. this card here outlines all of the 17 goals. we want to encourage people to go on to global citizen. don't be a bystander. start taking action. choose a goal that means the most of you. when you pick that goal, we give you a list of suggestions you can do in the year ahead to take action. >> in addition to losing weight being pick one of those for action. >> we'll be looking at him, by the way, at tonight's ball drop

in times square. >> have the heard the one about the hoverboard and the brothel? we'll explain that just ahead. i have an important message about security. write down the number on your screen, so you can call when i finish. the lock i want to talk to you about isn't the one on your door. this is a lock for your life insurance, a rate lock, that guarantees your rate can never go up at any time, for any reason. but be careful. many policies you see do not have one, but you can get a lifetime rate lock through the colonial penn program. call this number to learn more. this plan was designed with a rate lock for people on a fixed income who want affordable life insurance that's simple to get. coverage options for just $9.95 a month, less than 35 cents a day. act now

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let's take a look at other stories across the nation this morning. two men's quest to buy a hover boardleft them bound at what a known as a brothel. they were allegedly robbed of $500 and two iphones. take to you amherst college in massachusetts, a former fashion ult member is teaching assistants were encouraged to sleep with students to boost enrollment in the spanish department. a wrongful termination suit filed by a former electierer said her supervisor told her he

liked to find attractive assistants, that he was angry because she was dating somebody and he liked to encourage them to go to parties and sleep with the students to get more spanish students. >> marco rubio is facing scrutiny after "the washington post" reports he used his office to help his brother-in-law with a real estate license less than two years after being released for cocaine trafficking. rubio took the action while the state legislature in 2002 making a recommendation on his fact statehouse stationary. the post says he did not disclose his relationship with the applicant in that letter. coming up, bill cosby charged.

now the first criminal case involved so what's next? and officials watching water levels in missouri have closed a major interstate because of historic flooding. plus -- it's fun to watch. sydney, australia, the first to ring in the new year with this spectacular fireworks show. but what about here at home? we'll take a closer look at the preparations in times square next with francis rivera. marie callender's turkey pot pie starts with turkey covered in a rich, flavorful gravy. and a crust made from scratch. because she knows that when it's cold outside, it's good food and good company that keep you warm inside. marie callender's.

it's time to savor.

i'm frances rivera in for jose diaz-balart. bill cosby is facing up to ten years behind bars after being charged with aggravated indecent assault. cosby and his representatives have repeatedly denied all those

allegations. the legendary comedian's arrest dominating headlines this morning including the front page of the "new york daily news." "quote, he said-she said, she said, she said, she said, she said and so on and so on." his attorney slammed the charge as unjustified and is ready to fight to prove his innocence. >> the former d.a. said there was no need to go further and that it belonged in the civil courts and now through a game of political football, at which my client's life is the center, we are back again. >> do you think there will be discussions about a plea agreement? would you be open to some kind of a plea agreement or in your mind is this a case that will go to trial? >> i have no idea what the prosecutor's office is going to do and what the inner workings their system. >> would you be open to it? >> my client is not guilty and there will be no consideration on our part o