but stick around because the rage, man. the rage, steve kornacki starts right now. >> the sweater rage. >> the sweater rage. >> all right. good morning. i'm steve kornacki. we're looking live at pictures of a pennsylvania courthouse. bill cosby set to arrive there any minute now. evidence against cosby being presented this morning for the first time. the first time ever in a criminal hearing that's going to determine whether or not cosby will stand trial. his accuser, andrea konsti, possibly taking the stand today. a chance she could be in the same room as bill cosby. she accuses cosby of drugging and molesting her back in 2004. much more on that straight ahead. it's a situation we'll be following closely and watch iin all hour. topping our political agenda, donald trump goes back to the 1990s. a new video going straight after bill clinton on his behavior

toward women. trump also bringing up the name vince foster. >> you think the stuff they accuse her of is bad? they accuse me of murder. memories are short. it's what they do. >> foster took his own life. that was a suicide that prompted some conspiracy theories. trump calling foster's death very fishy. even some fellow republicans wondering what he's doing. also the clinton campaign wants bernie sanders out of the race soon but sanders has some thoughts on the convention that might make them nervous. >> will the convention be messy? >> of course, but that's what democracy is about. >> sanders vowing to fight on. hillary clinton refusing another debate with him in the final days leading up to the california primary on june 7th.

n rounding out our agenda, virginia governor terry mcauliffe under investigation for possible campaign violations. a longtime confidante of bill and hillary clinton. he's deeply entwined in their political lives. could this investigation of mcauliffe have any fallout for the clinton campaign? he's someone who has raised a lot of money for them through the years. we'll dig into all of that and more ahead. a busy political news morning, but we're going to begin with that breaking news. right now out of pennsylvania, bill clinton is set to -- excuse me, bill cosby is set to arrive at a suburban philadelphia courthouse for a key hearing in his criminal sex assault case. the 78-year-old cosby faces criminal charges for allegedly drugging and molesting a former temple university employee at his home back in 2004. in today's hearing, it will determine if prosecutors have sufficient evidence to send that

case to trial. going to go live to norristown, pennsylvania. janet shamlian is outside that courthouse. we're saying we're waiting for cosby to pull up there, go inside in a few minutes. tell us what exactly we can expect to be happening in that courthouse today. >> good morning. essentially this is a preliminary hearing to determine whether these charges will go to trial. essentially the prosecution is going to lay out its case against bill cosby. and that will lie heavily on the words of his accuser andrea constand and her testimony previously that she was drugged and sexually assaulted at his home in 2004. now constand and cosby settled out of court a civil suit in 2006 and their testimony, their depositions in that case were supposed to remain sealed. but last year, a federal judge unsealed part of them and after they became public, the current district attorney here kevin

steel, filed felony sexual assault charges against cosby. cosby tried to have this thrown out on the grounds he had what's called a nonprosecution agreement when he gave that subpoena. however, the appeals court said no and denied his motion to have that thrown out. a couple of things that could happen here. cosby could not show up. we are not expecting that, though. he could waive the hearing, in which case the judge would li likely set it for trial immediately. also the judge could decide that there is just not enough evidence to proceed. however, the bar is pretty low here to get it to go to trial. and we could see andrea constand on the stand today in which case she would likely be subject to a rigorous cross-examination by bill cosby's attorney. there's also the chance that they will just let her testimony from the subpoena stand and that she won't actually take the stand today. we're awaiting both of them, andrea constand and bill cosby here at the courthouse now. >> janet, this isn't the only

case right now cosby is involved in. is that right? >> yeah, there's a lot of litigation in his life at this point. seven women have filed a defamation suit -- actually one woman filed a defamation suit. six others have joined it. that's in a federal court in massachusetts. and cosby's insurance agency aig is fighting claims that it needs to pay some of these claims made against him. so this is not the only action he's involved in currently, steve. >> janet shamlian outside that courthouse where we're expecting bill cosby. he will arrive shortly. please stand by. let me bring in msnbc chief legal correspondent ari melber. we saw bill cosby a couple of months ago first walk into one of these buildings. today, what type of evidence are we looking to be presented today? >> as you say, he was first indicted in december. today what you see is sort of a dry run for the prosecution. they don't have to show everything. it's a much lower bar.

but the burden is on them to prove this should go to trial. so evidence like documents or photos that go to the theory of their case regarding this interaction or mr. cosby's larger predilection to this kind of behavior. we could see that testimony. in this instance, different than you watch "law & order" and you can't bring in hearsay or statements made in court, that rule does not apply in today's preliminary hearing because it's not a full trial. evidentiary you can basically bring in an old statement, which is why we don't know yes whether the key accuser here in the issue, andrea constand, whether she's ultimately going to speak which would be more dramatic. why does that matter? obviously it could be good for bill cosby's lawyers to get a preview of how she sounds and what she looks like on the stand. as a matter of legal strategy, you basically have the prosecution mtding to make sure it's not a close call but they're way over the barrier for the evidence you need to proceed to trial but they don't give too much away that's going to help bill cosby's lawyers prepare

their defense. >> if this does go forward from today, what kind of a timeline are we talking about? you say it was a few months ago we had the last one. is there a long delay before the next step in this? >> not long by the standards of court cases which can, of course, take years, especially when there's a complex issue at stake. what we would expect if this moves forward today, this is the first time criminal evidence is being offered against bill cosby for a sex crime. all the other litigation which many viewers may remember, we've heard about it. they've been back and forth. interviews about it. all of that has been previously on the civil side. you ask about basically if they move to trial, they do what lawyers do. they fight over a scheduling date and then have other motions. we know the bill cosby team has been particularly aggressive in appealing every little thing they can. indeed this was delayed because they first tried to argue that the da, the prosecutor in this very case, was somehow biased based on past statements and

campaigns that involved the issue. i don't want to go too far into the weeds, but the bottom line is they took a novel theory to appeal that. they lost it. it took some extra time but we're still here today. while they could find other appealable issues, we'd expect in a matter of months to have preparations for trial, if this moves forward today. >> all right. what you just saw there while ari was going through what to expect, those were bill cosby's lawyers who walked sort of through the shot. we just saw this suv pull up. we're not sure. we're waiting to see if bill cosby is inside there. he is expected to be here, to be heading inside that courthouse any minute now. this could be him. we're going to see as they open the door here. again, you just watched bill cosby's lawyers there who walked through the shot. >> i'll tell you, steve, as we watch here and want to see who emerge s from this vehicle, i cn tell you that lawyers we just

saw enter and bill cosby, wherever he is, they are going to look at today as really the opening of this criminal case. he is not on trial today. he has no burden today legally. what's in their mind as they gather, as they are getting out of the car is really how do they deal with this case that they know is widely covered. this is really in a sense day one. >> it looks like they are -- some people here, remember, what this looked like back in december when bill cosby stepped out and needed some assistance. the door is open. let's see if this is him stepping out right now. and it is. you can see bill cosby making his way out of that vehicle. we're watching bill cosby there, steve, putting on his jacket, getting ready to go into court here. this is, i would say, from his

perspective, a show of force. he's not legally obligated to be there. but he is showing up today. and this is the first time he'll hear evidence directly against him for this alleged sex crime from 2004. >> janet shamlian outside the courthouse, what are you seeing there? >> quite a scene of media right now. i'm hearing a little bit of cheers from the background. so that may be him coming around the corner. but we have a helicopter up in the sky. at least 15 satellite or microwave trucks, and reporters numbering in excess of 100. now i believe bill cosby escorted by two police officers and it looks like a security detail coming into camera range. he's walking in front of me now dressed in a suit. a couple of people in front of him. he's holding on to a gentleman's arm as he walks into the courtroom here. in the past, for court appearances, he's walked in with

his attorneys. but they've preceded him today. it looks like we have a number of law enforcement agencies here that are walking him in to the courthouse. and he's now about to step inside here for a hearing that is going to start at approximately 9:30. and again, we have not seen andrea constand yet here today. but are expecting her as well in the next couple of minutes. >> we just saw in there, waving, acknowledging his head up. a little different than what we saw when he arrived for that arraignment a few months ago. you say there are some reaction from the crowd. are there supporters of bill cosby there in the crowd? >> you know, it's on the other side of the courthouse so i couldn't see who was cheering. i could just hear it. but it's not just media here today. there are a number of onlookers as well. maybe 50 or so people. so you'd assume from the cheering those are some of his supporters. and i will say that last time he walked in holding the arm of his attorney. today he was also holding

someone's arm as he walked in. but he looked a little bit stronger, if you will, than he did. a little frailer in his last time we saw him publicly. >> making his way there through the security, the metal detector. looked like a bit of an issue going through there. from the defense standpoint, from the bill cosby's legal team, what can we expect today? >> they don't have to do anything. we'd expect him to do anything from zero, which would be to say, hey, we're going to lay back, listen to the prosecution and exploit the fact that the legal burden is on them. all the way up to them cross-examining witnesses or making their own presentation. the reason for that is that bill cosby is not under a microscope today. although it certainly would seem that way as we watch him enter. as a legal proceed, it's the prosecution under the microscope to carry the burden. now basically from what we know, i would expect, if i had to make a guess, that we will hear from them. that they will push back because they've been so aggressive.

i also want to make one point as i'm watching the footage along with everyone at home. you saw briefly bill cosby appeared to sort of stumble when he went through the magnetometer. his health, his state of mind, his alleged frailty, according to his defense, these are all issues in the background. they have not been legally introduced yet. but i think it's fair to say that part of the argument and the insinuations made by his counsel along the way has been this is an elderly man. he has deserved some sort of sympathy. and these are incidents that are long ago. when it comes to potential testimony and memories that may also become an issue. of course, the prosecution is arguing no. this is a serial sex predator who obviously has been in his right mind as he's carried out a series of heinous crimes. he's innocent until proven guilty. those are the two perspectives on it. we may see evidence to his

frailty and how he's doing, either in how he's presented or explicitly in the arguments his defense makes. >> ari, he has -- walking with a little bit of assistance. although i'm thinking back to that arraignment a few months ago. he wasn't in a suit and tie that de day. his head was down. had a walking stick that day. doesn't seem as dramatic visually as it did that day. is there, from a legal standpoint, in terms of strategy for a legal team, is this a bit of a rehearsal for prospective jurors who may be watching, trying to plant some seeds in their head? >> i think that's certainly a dynamic in this kind of case. any case that has a lot of public interest, as this does, there are two stories being told. there's a story inside the courtroom which ultimately matters to the judge and jury if they clear today's hurdle and there's a trial, but there's obviously a public story. and bill cosby has struggled as his public story has been

drastically shifted since 2014. while there have been these complaints for a long time as has been documented, i think it's fair to say that for most of his history, the story was, this is a side show. a lot of people wanted to ignore, demean or reduce these accusations. and it is only very recently the public story has changed. you can bet his lawyers care a lot about impacting this public story today and going forward as they prepare for the possibility of a trial with the possibility of selecting jurors from the public and in voir dire, they'll be questioned as to what have you heard about this man? do you prejudge him? what are your opinions of him? that's all obviously a big part of a public trial like this. >> you see bill cosby now made his way into the courtroom. they've closed one of those doors. once those doors are closed, which i guess will be any second now, we will not know exactly what's going on in there.

we won't be able to have cameras in there. we won't be able to bring you those proceedings. but you see bill cosby in that suv. he pulled up to that courthouse in suburban philadelphia. walked into the courthouse with a little bit of assistance. he waved to the crowd. apparently some onlookers there across the street. made his way through security and into the courtroom. so bill cosby now in that courtroom and that proceeding will be getting under way any minute now. we'll keep our eyes closely on that scene in norristown, pennsylvania. when we find out what's going to in that room, as we find out, we'll keep you posted. much more after this. going to take a quick break. ♪jake reese, "day to feel alive"♪ ♪jake reese, "day to feel alive"♪

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xfinity lets you download your shows from anywhere. i used to like that song. donald trump relitigating the 1990s with a string of attacks on former president bill clinton. trump yesterday uploading a

video to insta gram depicting a photo of clint op with a cigar in his mouth with audio partially from a 1999 nbc interview with juanita broderick about her encounter with clinton where she claims a sexual assault took place in 1978. >> no woman should be subjected to it. it was an assault. he starts to bite on my top lip, and i try to pull away from him. >> bill clinton has denied the allegations from juanita broderick, has never been charged in connection with them. trump also reviving a years old experience over the death of former deputy white house counsel vince foster. that took place during the first months of bill clinton's administration in 1993. law enforcement and federal investigation officials ruling foster's death a suicide. conspiracy theories have persisted for years.

and now somewhat reactivated. trump was interviewed by "the washington post" last week and brought up the name of vince foster and was then asked about the incident, whether he thought there was anything to the conspiracy theories. and he called the circumstances of foster's death very fishy. let's bring in peter alexander. he's been covering the trump campaign. donald trump has been going after bill clinton, hinting he'll go after bill clinton but feels like a concerted effort to bring the '90s and bill clinton into this campaign. >> you're exactly right. obviously campaigns are intended to be about the future, the next president of the united states. thus one, obviously, is heavily mired in the past. this is, as aides have told me, a deliberate effort in the eyes of the trump campaign to show ultimately that hillary clinton is unfit for the office of the president by in effect overwhelming her campaign message with all of these past controversies that dogged the

clinton family, not just hillary clinton but bill clinton as well. donald trump said that the clintons, he said in an interview last night are just dirty players. he doesn't want the campaign to be about this. but he has to respond when he's hit like this. and that's why he's fighting back. in this case it's not entirely clear what provoked this attack, but it is a part of this now blanketing of negative attacks about the clintons on whitewater. trump has hit them about foreign donations to the clinton foundation. now about this vince foster case as well. and yesterday he played a part of that clip, that incendiary, that ad that's salacious, i guess, perhaps the best way to describe it. also includes the voice of monica lewinsky in that ad where you saw clinton with a cigar in his mouth. this was a topic raised during an interview with bill o'reilly where bill o'reilly said in effect to trump is this really the way you want the campaign to go? take a listen. >> it's kind of tawdry stuff, and i'm not sure that this is a

good thing to do that. >> you talking about what i'm doing? well, i'm only responding to what they do. they've been nasty. she's been very nasty, and i said i'd like it to be on policy. >> do you know that it makes the country look bad abroad and things like that. that's what worries me. i understand the clinton attack machine. i got it. and i think it has to be dealt with somewhat, but i think maybe caution -- >> i don't like doing that, but i have no choice. when she hits me on things, i have no choice, so you have to do it. >> as for this latest accusation regarding vince foster back from 1993, this is the latest from what you might call the conspiracy theorist in chief donald trump. obviously his birther crusade against president obama, claiming he perhaps may have been born in kenya. more recently regarding ted cruz, one of his final opponents in the republican primary, insisting ted cruz's father may

have been complicit with lee harvey oswald in the assassination of jfk and most recently this attack regarding vince foster. steve? >> peter alexander in washington, on the trump beat. thanks for that. going to bring in sam clovis, the national co-chair of the donald trump campaign. let me ask you strategically. here's the skeptical take. from a strategic take i'm bringing up these issues from the 1990s. a skeptic would say republicans, conservatives, opponents of bill clinton in the 1990s brought all of this stuff up then. got re-elected in 1996, survived the impeachment. wife got elected to the senate. didn't work back then. why would it work then? >> it's a different set of issues we're faced with here. we have a person who -- i do think this is interesting, and ironic. and that we spent the first 17 minutes of your show talking about a person accused of sexual

pronation n then we come to this issue and we're essentially talking about the fact we have a war on women being waged by the democrats, or at least against the republicans. that's the accusation. and yet we have the person who is the lead of that fight on the part of the democrats is in fact, the person who could not control the sexual pronation that went on in her home. and i have just been struck by this whole issue, and i think this is a much larger issue. i think this is -- this goes to the whole notion of the overall character of the individual running for president and the presumptive nominee on the democratic side. if you look at -- we talked yesterday. we didn't get a chance to talk about the negatives of the candidates and how this is being perceived and all the other aspects of this. i think this is really at the

heart of this is that we have someone who is a lead person in this accusation of republicans about the war on women and she couldn't control the war on women and what went on in her own home. >> when you say that, what is her responsibility or the responsibility of any woman in her position. you say control it. should she have been able to control what her husband was doing? >> it's a matter of issue. was there enabling going on? frankly, it's a private matter for them. but when you move yourself into the public domain and want to become the president of the united states there really isn't very much that's off limits. we have seen this through the primary cycle which seems there's a lot of this that comes to this. it comes to the whole nation is there a blind spot or a bit of hypocrisy that goes on here because we have a person who is

clearly has a record of behavior that really probably needs more scrutiny. and the person who lives in the same home with that individual who wants to be the president of the united states had turned a blind eye to all of this and tries to accuse the republican party of a war on women. it just doesn't jive. there's no balance here. and that's something that i think has to be looked at. and i'm talking just from a general public perspective. there are a lot of these issues that there has to be more scrutiny brought to bear and try and figure this out. there's something going on there and we have to have a hard look at this. >> if this becomes a major point of empsirks bill clinton, behavior toward women, history with women, are you comfortable with the spotlight being turned on donald trump and his own history with women? >> well, i think we've been there for 40 years. i don't know what else could be said. i don't think there's been an individual that's been under

more scrutiny over the past 40 years of his professional life than donald trump. he's a page six person. this is an individual who has been there for 40 years. so this is, you know, all this stuff has been trotted out, been looked at and examined. what i'm hoping is we'll have the opportunity to put a cork in this and get back to the policy issues. i don't think there's a greater contrast in presidential candidates and certainly in policy going forward than we will have between hillary clinton and donald j. trump. >> sam clovis, national co-chair from the trump campaign. thanks for the time. we've got to squeeze a quick break in here but we'll talk much more about this, about the road donald trump is going down about the way the hillary clinton campaign sees the path to attacking him. interesting development on that front this morning. going to talk about it with the panel right after this. fallujah argonne khe sanh

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i gouess if you get asked a question by somebody out of the clear blue sky sometimes you make a response that doesn't make any sense because maybe the question didn't make any sense. didn't make any sense to me. >> let me ask you, do you think vince foster was murdered by the clintons? >> i have no idea and have no suspicion that that's the case. >> all right. that was haley barbour a couple of minutes ago on "morning joe" talking about donald trump wading into the decades-old now conspiracy theorys about the death of former deputy white house counsel vince foster. that was a suicide of vince foster. james toronto is a columnist for "the wall street journal." emily tish-sussmann, a democratic strategist. let's talk about this. the road donald trump is going down. we just heard in the last block from sam clovis. he says this is that video they put out yesterday about bill clinton, accusations about his behavior toward women in the

past. absolutely fair game right now. she and bill clinton should have to answer for it. what do you say? >> that interview was kind of nuts. although i guess it's hard to constantly be explaining and protecting a candidate who will say literally anything. any position he thinks is advantageo advantageous. it's hard to be following your candidate all the time. what he just said in that interview and what trump has been saying is that issues from the '90ss that were litigated, brought up and put to bed are fair game but nothing in trump's past is fair game. we've already talked about that. everybody knows. that's because he admitted he had multiple affairs. it's a dangerous road. as we've been pointing out, this has become a conversation about things that happened 20 years ago in the past. and he totally -- trump is totally dominating the conversation preventing it from going forward into what is a vision for the country and what

they'd actually do for a vision for the country, which is very unusual. >> let me ask you, james. do you think it's relevant what trump is bringing up? and what would the relevance be? >> it's fascinating that at the beginning of the show you had a segment on bill cosby and mr. melber said the cosby defense is he's an elderly man and allegations made decades ago. let's talk about juanita broderick. three weeks after bill clinton allegedly raped her, hillary clinton approached her at an event and looked at her in a menacing way and said, i just want you to know we appreciate everything you do for bill. everything. she has also said that she tried to tell that part of the story when lisa myers interviewed her on nbc in 1999 and was stopped from doing this. an nbc staffer intervened according to juanita and said you can't make that allegation against hillary clinton here. so this is an aspect of it

that's not been litigated. and i think -- i thought it fascinating in the last segment we had an nbc reporter saying elections are supposed to be about the future, not about the fast. >> emily, the question here in terms of do things look different right now? is there a possibility here when you talk about the cosby case and it gets brought up, the cosby allegations were old in a lot of cases. 10, 20, 30 years old but looked at in a new light and it seemed people responded to them differently. is there a chance that stuff from the 1990s looks different now than it did then? >> there's no question that societally we're much more attuned to sexual assaults and what sexual assaults means. and these allegations by the accusers of cosby had not been brought up before and it is all new. i think it's a totally different situation than talking about bill clinton who was actually impeached. like that actually did happen. all of that was litigated. and the fact that we're talking about it as a character attack on hillary, which is another

piece of it. we're not talking about whether she did it or he did it. we're talking about it as a character attack on her which is implicitly a sexist attack that a woman should be able to control her man. the attack on her is it's a character piece that she should have been able to control him or not sent him astray or something kind of nuts like that. those are all very sexist attacks and those do terribly with independent women, which is -- let's not take our eye off the ball, which is what we're talking about. who people are going to trust. >> bill clinton was impeached in 1998. acquitted by the senate february 12th, 1999. the interview with juanita broderick aired after his acquittal. this was not in any sense litigated or considered politically. it came out late because it -- it came out late and people were tired of it and didn't want to hear any more about it. now it's in a way very new. remember, if you are under 30, you have very little memory of this. and hillary clinton was very --

>> thank you for the reminder. >> i beg your pardon? >> thank you for the reminder. >> headquarter illary clinton d among young voters. i think it's quite relevant and let me also add, juanita broderick's complaint about hillary clinton is not that she failed to control her man. it is that she attempted to intimidate juanita broderick and prevent her from telling her story. >> this is where donald trump is going right now. he's going to 1990s to some of the clinton stuff. here's where hillary clinton sees donald trump as vulnerable. she's looking at his business record and his filings for bankruptcy in the past. here's a new video that the clinton campaign is putting out this morning. something that will be echoed by a lot of their surrogates about donald trump and his business record. >> this is an economy that can't find the bottom of bad news. >> ten years of saving completely gone. vanished. >> the biggest crash of household wealth that we've ever had in the united states.

>> i sort of hope that happens because then people like me would go in n buy. if there is a bubble burst, as they call it, you could make a lot of money. >> so those were comments from donald trump in 2006 just before the housing bubble burst saying basically you could make money on something like that happening. is there a vulnerability here? this is something the clinton campaign is telegraphing. they'll make a point of emphasis. >> i don't blame them. it's probably their best shot against trump and some of his business practices have certainly seems questionable. trump university looks highly dubious. on the other hand, you've got the clinton foundation which basically was a way by which the clintons looted third world countries. >> what do you think of the attack? this is a thing democrats have spent time figuring out. how do you attack donald trump? it seemed in the republican primary everybody had a different theory. none of them worked. here's where the clinton campaign is going right now. what do you think of it

strategic strategically? >> i think it's the right direction. it reveals trump for who he is, somebody very interested in increasing his net self-worth. during the republican primary, the republican candidates were interested in showing him as a rich guy who had made money but what they were unsuccessful with showing was that he's willing to do it at the expense of the american people. he's willing to do it at the expense of people at the bottom. making money is the only thing important to him. that's what this quote shows that he was able to say he was rooting for a housing bubble burst because he would make a lot of money off of it. it's something that's going to resonate with people. we know he's rich. we know he made a lot of money. we don't know how much because he won't release his tax returns. probably a little less than he says, but we know he made a lot of money. what hasn't been clear is the fact he's not actually rooting for the little guy at the bottom. he's looking for self-enrichment. >> emily and james, thanks for the live discussion. coming up, virginia governor terry mcauliffe is wrapping up

an event right now on the economy. he's in the news this morning because yesterday we learned that he's being investigated for potential illegal donations to his gubernatorial campaign. the connection, if any, to hillary clinton ahead. plus, our most important number of the day. how quickly things can change in the race for president. democrats might care about this, too. straight ahead. [ "dreams" by beck ] hmmmmm... hmmmmm... the turbocharged dream machine. the volkswagen golgti. part of the award-winning golf family. try your favorite ranch with a fresh taste so crisp, you'll be surprised it doesn't crunch.

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she said "jen, go pro with crest pro-health advanced." advance to healthier gums... ...and stronger teeth from day one. using crest toothpaste and mouthwash makes my... ...whole mouth feel awesome. and my teeth are stronger too. crest-pro health advanced... ...is superior to colgate total... ...in these 5 areas dentists check. this check up? so good. go pro with crest pro-health advanced. mom's right...again! i say to every democrat in this country and those delegates going to the convention in philadelphia, if you want the strongest candidate to make sure that trump does not become president, we are that campaign. >> bernie sanders is talking convention and making a lot of democrats nervous. hillary clinton's top strategist said on our air yesterday he wants bernie sanders to drop out

of this race when the democratic primary process waits and not wait all the way to the convention. a lot of democrats worry the longer sanders stays in, the more it divides the party. the more it hurts them in their effort to beat donald trump. and that worry brings us to our most important number of the day. today that number is four. and what does four mean? what is the magical significance of four? four is the number of days it took the last time there was a contested democratic presidential primary back in 2008, hillary clinton and barack obama. four days is the amount of time it took for hillary clinton to drop out of the race and end her campaign after the voting was done. why that is so particularly signif capiticant right now is . the final days of the presidential primary campaign in 2008 looked a lot like they look now. hillary clinton was behind in pledge delegates. she had no way of catching him

in pledge delegates. she wasn't talking about stopping or dropping out. she was talking about going to the convention and convincing superdelegates they should vote for her anyway. this is a letter that hillary clinton wrote to superdelegates. it was dated may 27th, 2008. this is almost exactly eight years ago to the day. she said at this point we do not yet have a nominee. when the last votes are cast on june 3rd, neither senator obama nor i will have secured the nomination. it will be up to automatic delegates. that means superdelegates. automatic delegates like you to help choose our party's nomination. i would like to tell you why i believe i'm the stronger candidate against senator mccain and would be the best president and commander in chief. actually going to take a break from this because i'm being told that terry mcauliffe is talking to the press. news of this investigation breaking yesterday. light listen to what he's saying. >> there's no allegations of wrongdoing. they're entitled to do an investigation.

valid donor. been a green card holder since 2007, and, you know, we fully vetted him. >> were you away of these allegations prior to the report yesterday? >> no. >> did you use your position in the clinton foundation to solicit donations for the foundation and for your political organization and your campaign? >> i didn't bring the donor in. >> in general. there are more than 100 donors that donated both to the clinton foundation as well as your own campaign? >> i think we travel the same circles. i've traveled the globe with president clinton. those that give to the clinton foundation have been friends of mine for years n years. we friendship together. >> when you came out yesterday after the article and the cnn report ran, what was your reaction? >> shock. no one had outreached us. you get leaks and things happen in the business, and as i say, i'm very confident this gentleman had been fully vetted. wasn't the first time.

the post had written a story on the man a year and a half ago. a member of the nyu board. a contributor to harvard university. runs a major u.s. economy. he's been fully vetted. our legal team, every check that came in was vetted, and they feel, and they do to this day that the guy is a legitimate donor. so it's what you go through. >> doesn't it make it more difficult for the clintons to push away the perception there's a blurring between the lines of the clinton foundation's work and politics. >> this has nothing to do with the clinton foundation. this was an allegation of a gentleman who gave a check to my campaign. i didn't bring the donor in. i didn't bring him into the clinton foundation. i'm not sure if i've ever met the person. i know the folks that worked at his company. has nothing to do with the clinton foundation. i've worked and helped the president on the foundation. i've traveled all over the globe with bill clinton. you go to africa and other places around the globe and look what he has done for children,

health clinics, aids research all over the globe, it really is something to see. i've travelled to malawi. they have really done great spectacular work to help people's lives. that's what he's focused on. he's done a great job. honestly very proud to be part of it. >> governor, i have a question regarding house bill that we were studying today. >> 912. >> can you tell me about why it was just important for you to be here in clark county to sign this bill today? >> we have a big problem in virginia in that many of the areas do not have access to broadband. as i mention eed here, you can' study if you can't get access to the world wide web. you clearly can't grow a business. if you have a small mom and pop business and you want to go on -- >> that's terry mcauliffe talking to reporters. news breaking yesterday, nbc news confirming that his campaign, his 2013 campaign for governor in virginia is being investigated right now.

mcauliffe there saying, look, the fbi is entitled to that. we'll cooperate with any investigation. kasie hunt has been following this. she's in our newsroom. obviously terry mcauliffe, a major figure in democratic party politics. the governor of a key swing state. also a very close ally. maybe the closest ally there is to bill and hillary clinton. >> that's right. and so good questioning there from nbc's von hilliard about the clinton foundation and what you heard the governor talking about. we'll focus on that investigation, involving a chinese businessman who is a u.s. green card holder. therefore, eligible to donate to american campaigns. still that investigation focused on mcauliffe specifically. the bigger picture here is his close tyce ies to the clinton family. the chairman of hillary clinton's campaigns previously. chairman of the dnc during clinton's tenure. you've heard mcauliffe say there. the clintons and i have a lot of

friends in common and that explains the overlap between the clinton foundation and these donors. that's where this could get tricky. as we move into this general election cycle, it's likely we'llcycle, it's likely we'll see more and more scrutiny on the clinton global initiative and the way in which those donors interact with the clinton family. now, of course, the test to wait and see if there are any connections that seem to be improper here. you also saw mcauliffe very surprised by the fact that this investigation was ongoing. the fbi, justice department had not notified him that this was happening. we still don't have a response from the clinton campaign on this. brian fallon was asked about it yesterday during a tv appearance. he said at that point he had yet to see the report, steve. >> all right, kasie hunt. and again, virginia, this is -- it's key for so many reasons here. the close tie to the clintons but this is the pivotal swing state. ohio, virginia, florida, those three states always so important. kasie hunt, thank you for that. coming up, much more on bill

cosby's day in court. that's playing out as we speak. those were the scenes arriving at the courthouse. he's inside the court house. we'll give you an update next. ♪ [ male announcer ] tora bora fallujah argonne khe sanh midway dak to normandy medina ridge the chosin reservoir these are places history will never forget but more important are the faces we will always remember. ♪ but more important are the (man) hmm. ♪hat do you think?r. (stranger) good mornin'! ♪ (store p.a.) attention shoppers, there's a lost couple in the men's department.

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an update on that breaking news we've been following in pennsylvania. right now bill cosby is in court. there are no cameras inside the courtroom but this is video of the 78-year-old arriving just a short time ago. the evidence presented today will determine whether cosby will go forward to trial for allegedly drugging and sexually assaulting a woman back in 2004. cosby said he engaged with consensual sexual contact and settled a lawsuit with her in 2006. msnbc's craig melvin has been following this case closely and joins me now. those scenes we watched, we don't know what's going on inside yet, but watching bill cosby get out of the suv, walk through today, he did seem -- it

did seem a little different than what we saw at that arraignment a couple of months ago. he was waving to the crowd, he was in a suit, he was looking up. >> and he had the stick back in december as well he was using. we've known for a while that his vision, and i forget which eye, but he is virtually blind in one eye and can see, according to his reps, can see very little out of the other eye. so when we saw him back in december, he was actually using a walking stick. he did not have the stick today, but you did see him bracing against one of his either attorneys -- actually that's one of his body guards there to the left. the first time he appeared at that courthouse, and i've been to that courthouse a number of times, the very first time that we saw bill cosby show up for one of these hearings, you'll remember he nearly fell. he tripped down that sidewalk. but again, the 78-year-old walking into court today. that man that we see on our

screen right now very different from the man that dozens of women have now claimed abused them. so the million dollar question, as you know, steve, is whether andrea constant is going to be in court today. the case today is about that particular case. it's not connected to any of the other allegations. constant claiming back in 2004 at his suburban philadelphia mansion she was first drugged, then molested using three pills. so this -- today's hearing will determine whether the case goes forward. and he's been in court now 40, 45 minutes. there was some talk of perhaps waiving this hearing. this hearing doesn't have to happen if bill cosby says i don't need this, let's just go to trial. so the thinking is as long as this goes on the hearing is under way. if she does take the stand and is in the courtroom, defense attorneys will have the opportunity to cross examine her, so there are a lot of folks

who do not suspect she will be there, but investigators will instead read her statement in court. she is a massage therapist in toronto right now, spent some time talking to her attorney. she did not give me any indication whether she would be showing up for this particular hearing. >> a lot of talk about that possibility that they would be in the same room today. craig melvin, thanks for that. coming up, we're going to keep our eyes on the cosby hearing as well. the very latest on the judge's decision as soon as wee it. plus bernie sanders scores a major role in crafting his party's platform at this summer's convention but still predicts it will be a messy affair. those details ahead. as lines continue to grow locker at airports, a major shakeup in tsa leadership. jose diaz-balart is up next.

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more of the old lady. i'd like to see her go back to her more you know social side. (vo) pro plan bright mind promotes alertness and mental sharpness in dogs 7 and older. (ray) it was shocking. she's much more aware. (jan) she loves the food. (ray) she wants to learn things. the difference has been incredible. (vo) purina pro plan bright mind. nutrition that performs. good morning, i'm jose diaz-balart in new york. we are following breaking news in pennsylvania. bill cosby is inside a suburban