hi. i'm right lane richard lui live at msnbc headquarters. we're continuing to follow out of suburban philadelphia, the judge in the bill cosby sexual assault trial has declared a mistrial. after 52 hours of deliberations, the jury came back deadlocked on all counts. cosby was charged with three felony counts of aggravated indecent assault. he and his team have repeatedly denied these and all allegations of sexual misconduct. the district attorney says he will retry that case. >> we hope that doing this and moving forward in this case sends a strong message that victims of these type of crimes can come forward and can be

heard on what has happened to them. >> cosby's wife, camille, released a statement blasting the d.a. it was read by a member of cosby's team. take a listen. >> how do i describe the district attorney? heinously and exploitively ambitious. how do i describe the judge? overt overtly ar gant in collaborating with the district attorney. how do i describe the accusers, totally unethical. >> let's bring in nbc's ron allen with more on the decision. ron, have you heard anything from the jurors as of yet? >> no, richard, we haven't. they are believed to be on a bus back to pittsburgh. remember the jury was sequestered, they were selected in another county because the defense claimed there was too much negative publicity here in montgomery county where the trial took place during the past year or so. and the judge ordered the jury

not to discuss their deliberations although they can discuss their thoughts about the case more generally. we'll see if they have anything to say. it will be interesting because what a deliberation some 52 hours, some two days after they first came out and said that they were deadlocked. a lot of legal analysts seemed to think that there was a majority pushing for a conviction, but a small group of minority, one, two, three, four, who knows how many, who just couldn't get there and why they couldn't get to conviction is unclear. we're also hearing a lot of reaction from the cosby's alleged accusers, people not just here but around the country. and andrea constand, the accuser in this case through her attorney. she released a statement thanking the prosecutors for taking on this case and saying in part that we are confident that these proceedings have given a voice to the many victims who felt powerless and silenced. remember, it was quite an effort for this woman to come forward and face the public and make these allegations against a very powerful man, bill cosby, a case

that happened back in 2004. so now we go forward, the d.a. saying he will try this case again. the judge saying that the next trial could start in as soon as 120 days. richard. >> ron, what's been the reaction there in montgomery county? what's been the reaction there in pennsylvania to the result that just came out? >> well, there's a lot of mixed reaction. a lot of accusers of cosby are upset but not surprised. a lot of advocates for victims of sexual assault say this is what happens all too often where victims come forward and they're not believed. and they hope this case will be a wakeup call to courts around the country. there are also some people who live here in town, it was a small group of cosby supporters who appeared in the last few days. >> right. >> they were saying things like basically it's time to move on. this is a poor community that has other problems. there's a violence problem in the streets around here. a cab driver i was talking to a few days ago said while he has

sympathy for the women involved in this case, he wonders what the criminal justice system is doing to solve other problems and why they're chasing after bill cosby, a case that's some 13 years old. but again, i think the bottom line here is that this was a stunning case. it captured a lot of attention. bill cosby has something of a victory but not really because the charges are still hanging over him. and beyond that in the court of public opinion bill cosby's reputation is arguably ruined. even if he were found not guilty there are still dozens of other women who have made similar allegations. of course the jury here did not know that. but in the court of public opinion bill cosby's reputation is completely destroyed and difficult to see how he could ever get that back. >> 79 years old. ron, quickly here, the d.a., he ran on this saying he's going to prosecute this case. are those locals saying don't spend our money anymore, it doesn't look like it's working so well for you, mr. d.a.?

>> well, that's some of the internal politics of this case. yes, kevin stooel ran on a platform that in part said he was going to go after bill cosby if he was elected. and he was elected. he's a democrat. this case has a history, happened in 2004, back in 2005 another district attorney looked at it, investigated at the time and decided it was too weak to bring forward. the jury knew that as well. there was a civil proceeding that happened in this case and there's been some sort of a cash or financial settlement i should say between constand and cosby that has not been disclosed. and people in the broader community who are aware of all those things some were saying it's time to move on. but again, the d.a. here is determined to send a message that you can't get away with this sort of thing, that he's convinced there's still a case there. and the key thing they want to do is have more accusers testify. in this case there was only constand and one other woman. and if they can get more women to testify and the judge to

allow it and not see it as too prejudicial to the defense, the prosecution thinks it has a better chance next time around, richard. >> ron, thank you so much. nbc's ron allen in norristown, pennsylvania, with the very latest. let's bring in our panel. joining me now debra, law professor at northwestern university. and manuel, thank you both for joining us today. why don't i start with you on this, liz, where ron left it. more accusers needed to be heard, it may have been different. do you agree? >> this is a question for me? >> that's correct. that's right. debra, go ahead. >> i think that had more accusers than heard in this case it would have been more difficult for jurors however many we don't know, a juror or jurors to buy the defense in this case which is that bill cosby gave andrea constand these pills only to relax her and that what followed was consensual

sexual activity. i think that defense gets a lot more difficult when you have several women testifying to conduct that looks a lot like what went on in this case. pills and then nonconsensual sexual activity. >> manuel, as you're listening there to what deborah's saying, what do you think might have altered this case in the outcome that we saw today? might have been more accusers coming to again give their testimony. might have been a different location. >> certainly more accusers would have helped the prosecution. the defense case fairly or unfairly i think really came down to one piece of paper. that piece of paper was the report of a canadian police officer in which andrea constand gave some dates and circumstances for the night of the alleged assault that she then later had to change.

what was so painful, i think, for the prosecution and for the people who supported andrea constand is that her allegations about what happened, the sexual assault, remained essentially consistent even though some of the dates and some of the circumstances surrounding those allegations were inconsistent in later statements. >> do you agree, deborah, that that was the moment, that was the reason? >> well, of course we don't know and we won't know unless and until we hear from the jurors in this case. they may or may not talk to the press. but of course a theme of the defense was that andrea constand was lying and that one of the ways in which the jury should know this is that her story changed over time. that there were these inconsistencies. the prosecution tried to respond and to rebut this argument by

explaining that for victims of sexual violence it is not uncommon, in fact it is commonplace for there to be minor inconsistencies and that there are all sorts of reasons for this. but in this instance and with this particular jury the prosecution wasn't apparently able to persuade all 12 that constand was being truthful. >> does it take -- will it take, will it be in another 100 days as ron allen was telling us, manuel, that he could do this again, the prosecutor, the d.a.? >> yeah, the judge has 120 days to set the new trial date. and the prosecution has one year, 365 days in order to bring the case back to trial. and i'll say that the district attorney kevin steele did not hesitate for one second when he was asked whether he would retry this case. and so even though there may be some political allegations swirling around this

prosecution, this d.a. did not show any hesitation. >> not at all. and, deborah, as you were listening to some of camille cosby's statement being read, some might say, well, if the same judge might be the individual that will be overseeing the next trial, this shouldn't be said because this might affect the thinking. >> oh, i think that's right as a matter of strategy. you know, i also think it's not particularly helpful to impugn the integrity of the actors involved here. but that's -- >> it's been done before. >> not the decision they made. >> it's not the decision. what would be your suggestion when they go back for the second trial chrks we guess to be within 100 days, could be up to a year as manuel was saying, deborah? >> well, you know, i think both sides got a first look at the way that the other will be attacking this case.

and that can be helpful to the defense in that the prosecution witnesses have already testified once. that said the hope of this prosecution this particular jury may have been id oiokaratic, somewhat of an outlier and 12 people selected next time around will have a different reaction to much the same evidence. whether or not more accusers are allowed to testify next time around. >> and manuel, i guess it paid off that bill cosby did not testify then if you were the defense. >> yeah, most defense attorneys do not want their clients put up on the stand because they just opened themselves up to so many different dangers in a case of this sort. but the jury did hear bill cosby. they heard his voice on a tape

recorded conversation with andrea constand's mother. and they also heard his words about andrea constand, very graphic testimony about their sexual contact from a deposition that he gave in the civil suit that was filed against him by andrea constand back in 2005. >> all right. thank you both, deborah, manuel, thank you both. >> thank you. >> seven u.s. sailors still unaccounted for at this hour after a navy destroyer collided with a merchant ship off the coast of japan. the latest on the investigation and the search to find those sailors in a live report from japan. stick around. together, but you've never had 'em quite like this. at red lobster's lobster & shrimp summerfest, the lobster and shrimp you love are teaming up in so many new ways. like new coastal lobster and shrimp, with a lobster tail with butter and herbs, sweet, smoky bbq red shrimp, and shrimp crusted with...get this...cape cod kettle chips. or try lobster and shrimp overboard.

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we're still monitoring breaking news off the coast of japan where a search is underway

for seven missing u.s. sailors. they were lost after the u.s. missile destroyer they were on collided with a containership. that happened friday night. the collision caused significant flooding and damage near the bridge of the u.s.s. fitzgerald. three more u.s. sailors were injured. nbc's janice mackey frayer is live with more on that. janice, do we know how this happened, how the accident occurred? >> well, this is the question. they're going to be looking at a number of different aspects in this investigation. first of all, the merchant ship, the containership about three times the weight of the u.s.s. fitzgerald flying the filipino flag made a sudden u-turn about 25 minutes before this collision occurred. this according to marine traffic records. nobody is sure why. and also on the part of the fitzgerald how is it that an advanced warship with sophisticated communications technology collides with another

ship on a calm night when there wasn't any bad weather? so they're going to be looking at a number of different aspects in this investigation, but of course the focus right now is trying to determine the whereabouts and the well-being of those seven missing sailors. the u.s.s. fitzgerald was towed back to port. it has limited propulsion, it has significant damage to the forward starboard side. it also experienced some flooding in two berthing spaces, a machinery space as well as the radio room. so the focus right now is going to be to try to get access to those damaged areas to see if those sailors are trapped. there is also an air and sea search that is underway, but they may be fighting some bad weather later on, richard. >> all right. janis, of course we'll stay in touch with you on that. nbc's janis mackey frayer on the very latest on the collision from japan. thank you. breaking news also we're

following right now, a mistrial declared in the bill cosby sexual assault trial. more on that in a bit. plus president trump and the first family making their very first trip to camp david. the swirl of controversy that he no doubt hopes to leave behind at the white house. what do you have there? p3 it's meat, cheese and nuts. i keep my protein interesting. oh yea, me too. i have cheese and uh these herbs. p3 snacks. the more interesting way to get your protein.

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ykeep you sidelined.ng that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you. president trump is making his first trip to the presidential retreat at camp david, maryland this weekend, he departed the white house this morning with the first lady and their 11-year-old son barron. but the russia investigation is tightening around the white house, no doubt. the president hiring another personal attorney, veteran john dowd. nbc's kelly o'donnell is live for us at the white house with the latest developments. kelly, what does this new hire mean? what are some of the signs that you're seeing around dowd? >> well, it is a complicated process for a president to be in this sort of position where sources close to the president's legal team tell me he has not been informed that he is under investigation.

and that's an important distinction because typically when a probe gets to a point where someone is considered a subject or a target of the investigation they are notified about that. it doesn't mean that the special counsel isn't looking at the president, there just hasn't been that disclosure yet outside his own legal team. he began with a personal lawyer he's known for a long time worked with him in a lot of real estate work. and so there was some suggestion to the president, even some pressure put upon him to bring someone onboard with a criminal defense experience and the ways of washington. and john dowd, 76-year-old power attorney here in d.c. has handled some of these high profile things that fall under kind of broadly the ethics area in the what was known as the keating five scandal in the '80s involving the savings and loan problem. and he's also had a very high profile role in a whole

different way major league baseball look to john dowd to be the leader of an investigation into pete rose, the cincinnati reds superstar who had been gambling. and that ultimately led to a lifetime ban for pete rose. so john dowd has been in the fire, so to speak. and so the legal team includes kas wits, dowd, a couple other lawyers as well and some outside communications help in addition to that. it just tells us that the president needs these tools and that as much as possible they are trying to from within the white house focus on the business of the white house. but the inevitable of needing to be prepared for whatever may come in terms of questions or issues related to the russia investigation. they've beefed up that team. the vice president has also retained a private attorney as well. and he described to reporters that that's just the standard ordinary course of being called of routine and that is true. when you're in a situation like

this having legal counsel is important. it can be expensive, but it's necessary when special counsel has such a wide range of things that they are able to look at. so it doesn't tell us that there's any heat that is getting closer to the president. it tells us that the white house is trying to be as prepared as possible, richard. >> all right. thank you so much. the keating five brings us back a couple days, doesn't it? definitely a high powered tool he brought onboard. nbc's kelly o'donnell at the white house. thank you, kelly. joining me now matt welsh, christian former assistant u.s. attorney who worked for james comey, former fbi as we know director. and thank you both for being here. matt, i'll start with you, this because kelly was beginning with that idea. he's not been officially notified from our understanding and our sources and our reporting in the investigation, yet he is tweeting things like this, quote, i am being investigated for firing the fbi director by the man who told me to fire the fbi director. witch hunt. so he is saying that he is being

investigated, but from what we know he's not been officially notified that he is being investigated. so he's accepting this. why do you think he's doing this? what does this mean for this case? >> well, what will be interesting to see is whether john dowd has any access to donald trump's twitter feed because donald trump's twitter feed gets him in trouble precisely because of this. he lets things slip. remember comey or having his friend leak to the "new york times" just started with a trump tweet about, you know, i might have tapes and we should see what's going on. >> do you think he's pushing for rob rosenstein here to recuse himself or is he intimating that he might the reporting being potentially a firing or what have you? >> i mean, we see a lot of reporting that he's raging at his television and occasionally that's one of the targets of his rage, but everyone around him and more importantly than that a lot of high profile senators including republicans have sent warning shots across the bow saying don't do that. that would be a very bad day for you. >> so thing about this, krishna, is you've seen the reporting

that rod rosenstein who is leading, you know, the investigation at this moment because the attorney general has recused himself, what if he recuses himself, or what if he resigns or what if he is fired, what's next? >> so i think, you know, under a succession plan it would go to rachel brand who is the associate attorney general who has been appointed. it's interesting because as someone who doesn't have any inside information but as a former federal prosecutor for almost 17 years what was interesting to me is i think the day that donald trump made clear that and said russia was the reason he fired jim comey, i think ron rosenstein became a witness. the moment he became a witness i'm not sure why he can be the person overseeing the prosecution. in other words i do think he needs to recuse himself legally now. i think he is someone that for a variety of reasons is a potential witness and is likely to be called into a grand jury investigation as a witness. >> it is interesting watch what

the president is saying because he is sort of agreeing with you, i think, at least from the tweeting that rod rosenstein is involved and that at least one i had read that's what he's intimating. matt, if the deputy d.a. is fired, do we get a special committee then? is that's what's next? it's constitutional crisis? >> it's not a constitutional crisis until donald trump or any president refuses to obey the law. and i think we should be careful about the language here. >> okay. >> but if he does fire, that's it, that's the rest of his first term is going to be consumed with this. that's why a lot of people around him are telling him this and i think we're much more likely to see a recuse sal for someone being brought in for questioning. at that moment he will have to recuse himself and then it's kind of a what next there. i think it's much more likely a recusal than a firing. >> rachel brand, associate if i get the title correct here, she is the associate attorney general. and she worked under the h.

bush, excuse me, george w. bush administration. who is she? and does she have prosecutorial experience? >> you know, i think i only know what others know of her. so certainly i was there during the entire george bush administration, did not know of her. she does not look like she has any prosecutorial experience. i think she was in the office of legal policy. so, you know, my faith here is in bob mueller. he really is a deeply, deeply experienced investigator and a u.s. attorney, so i don't know how much he's actually going to rely on whoever the person is whether it's rod rosenstein or rachel brand in terms of actually running the investigation or the prosecution. that said, you know, he does not occupy the position that ken starr did for example as the independent prosecution. so does have some reporting obligations and certainly needs his budget. >> what's the -- on dowd, you

heard what kelly o'donnell was telling us, deep, deep experience here. >> it is not routine for everybody in the white house to have to get lawyers. we should understand that we are in very extraordinary times. so the fact that people are, you know, getting high powered lawyers at this point, i think that the concern i have is nobody's going to be able to control the twitter feed, right? and if you're a lawyer for any client, you want to be able to have some control over your client. and this is not a client that i think you can have control over. >> quick word. >> obstruction of justice, perjury traps, these are all what you do after you've -- in that direction and find something. the what then are you really going to go after a guy for coloring outside the lines under the glare of an investigation. that's a difficult political question. i don't think america is really grappling with that just yet. >> and you're alluding to mueller's investigation. >> mueller's investigation. if it becomes about donald trump

maybe obstructing justice, his supporters and a lot of other people have a difficult time accepting that as a reason to cash in your presidency. >> great conversation. thank you so much, matt and krishna. coming up, we're continuing to follow developments in the cosby case. now that a mistrial was declared we're going to look at where things go from here and what cosby's future could look like.

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welcome back. i i'm richard lui at msnbc headquarters in new york. we continue to follow these breaking stories at the bottom of the hour. a judge has declared a mistrial in the bill cosby sexual assault trial. this came down after the jury spent more than 50 hours deliberating but then the jury came back deadlocked on all accounts. cosby was charged with three felony accounts of aggravated indecent assault which he has denied. the district attorney says they will retry that case. seven u.s. sailors are still missing after the u.s.s. fitzgerald collided with a merchantship off the coast of

japan early saturday. the ship had some damage that caused flooding in the ship which was tugged back to yokosuka naval base near tokyo. the president also tweeted this, thoughts and prayers with the sailors of u.s.s. fitzgerald and their families. thank you to our japanese allies for their assistance. the police officer who shot and killed philando castile during a traffic stop in minnesota was acquitted of all charges. hundreds of protesters shut down an interstate and marched in front of the state capitol last night to protest that verdict. and back to the breaking news now. bill cosby's sexual assault case ending in a mistrial with over 52 hours of deliberations over the past six days, jurors could not reach a unanimous decision on whether cosby drugged and molested andrea constand. prosecutors vow to retry that case saying constand deserves more. >> she's entitled to a verdict in this case. and the citizens of montgomery county where this crime occurred

are entitled to a verdict in this case. and we will push forward to try to get that done. >> joining me now is former prosecutor jill stanley. jill, thanks. what stood out to you on this mistrial? >> what stood out to me was the time that it took actually to declare this mistrial. i really expected a verdict tuesday night. i was really hoping for a verdict tuesday night. i actually thought they'd convict on one and probably hang on two. i'm not surprised that it was a hung jury. and i'm not surprised it was ultimately a mistrial. but i thought it would be only to two counts. i really thought they'd get him on one. >> why did you think tuesday, by the way? we found out today, mistrial. >> i thought they would hang by tuesday because the facts in this case they were strong. people want to talk about a six-minute defense. people want to talk about this case not being strong. this case was strong. this defense was vigorous. and there were enough facts, there were enough elements made to prove that these crimes were

committed. i really thought the jury was going to come back more quickly. >> when the prosecutor, when the d.a. as you heard there goes back for the second time, higher success rate at this moment? what's your sense about the second try? >> second trials happen, things can happen any time. when you have 12 people in a box, you don't know exactly what's going to happen, but in other high profile cases, the menendez brothers, phil specter, those cases, both ended in hung juries, both longer deliberations way longer than this cosby jury. and those trials both ended in convictions. so i think that the d.a. has a good shot. i applaud their decision. i applaud their efforts to support victims of sexual assaults. it is almost always a he said/she said. there's very rarely someone around when it occurs. and when you do not report freshly when you wait there is no forensic evidence. so it's generally a he said/she said situation. so i do applaud their decision to move forward. and i do believe the citizens of montgomery county in pennsylvania really do want to see this come to a verdict.

>> what would you have done differently? or what do you suggest should be done differently for the next trial then as a prosecutor? >> i'm really glad you asked this because this was something i was speaking about all the time. there was a big piece of evidence that was really troubling. i think was very detrimental to the prosecution. it was the fact that after the assault there were 72 times of contact between andrea constand and bill cosby. apparently 53 of those times were initiated by andrea. when i say contact i don't mean in person, i mean phone calls. 72 phone calls between the two of them after the incident. i did not like that evidence. and what i would have loved to have seen was to have the prosecution come in and say you talked to him three times on february 14th, isn't that correct? yes, i did, but here is why. temple university women's basketball was playing a huge game that day, which was true on february 14th, the defense wanted to make this look like a romance thing. oh, it's valentine's day, that's why we're talking three times.

but that was not true. i would love to see the prosecution come back and connect each and every one of those points of contact directly. was cosby calling and you were calling him back? did you get any carpeting in the locker room and he inquired about that? he was heavily involved in temple athletics and she was heavily involved as well. she cared about her job. she wanted to protect it to the very last day. >> but jill with 72 instances, might that also come back to bite you, again if you're the prosecution? >> i think that's -- exactly. yeah. i think that's what happened. i think those needed to be explained. they were hanging out there with no explanation. it was 72 times. and those were records. we saw the records. and so i think if they could explain half of them, that would go a long way with the jury. it's interesting why. why did she talk to him 72 times? we know she's a people pleaser. we know she wanted to do the right thing for temple. we know she took her job

seriously at temple. we know she respected cosby's position at temple. and that's all well and good, but i would have liked to have seen more evidence connecting those calls. >> got it. >> and why? why on those days did she speak with him? and how many times did he respond to her? there needs to be more on that. >> former prosecutor jill stanley, thank you so much for your perspective. >> thank you. >> new details now emerging about the gunman who opened fire on members of congress wednesday. that happening outside of washington including a possible hit list. plus, the final days of a very closely watched special election in georgia, what message will voters send to washington from here? what's with him?

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♪ he was talking 'fore i knew it, and as he grew ♪ ♪ he'd say i'm gonna be like you, dad ♪ ♪ you know i'm gonna be like you ♪ ♪ and the cat's in the cradle and the silver spoon ♪ ♪ little boy blue and the man in the moon... ♪ some disturbing information about this week's shooting at the gop congressional baseball practice. nbc news confirms now the shooter had a hit list with the names of republicans on it. but investigators say they have not found specific evidence that gunman james hodgkinson pre-planned wednesday's attack.

louisiana congressman and house majority whip steve scalise was shot in the hip. vick, how is he doing? >> richard, the bad news is there will be more operations, that's clear at this point. and indefinite hospital stay here at the washington hospital center. just about two or three miles directly north of the u.s. capitol itself. that's the bad news. the good news for congressman scalise, he's doing much better. excellent recovery as the doctor phrased it. and he has a good chance, a good possibility of a full recovery to walk and perhaps likely even run again. perhaps back out on the baseball diamond. you know, we knew on wednesday morning the initial reports that steve scalise came here and he was in grave danger, but we didn't know just how close and how grave this danger was and what kind of peril he was in until the doctor here head of trauma center held a press conference. he told reporters that scalise was, quote, under imminent risk

of death and as critical as you can be. you mentioned the fact that james hodgkinson, the alleged shooter on that baseball diamond there who was hanging around that field at the ymca that was adjacent to that field, we have learned now from u.s. government sources that he was found with a list of republican members of congress among his personal belongings some of the names on that list were among the individuals who were there at practice that morning, mo brooks of alabama one of the names that we've learned, jeff duncan of south carolina, and trent franks of arizona. again, as you point out, richard, police are not drawing any conclusions, federal authorities not drawing any conclusions about what that list actually meant, but certainly ominous this reporting, richard. >> yeah, viq, adding to the conversation about security for members of congress. the latest on representative scalise, good to hear us about that good news you told us about. polls are open, folks are voting in georgia. this has become the most expensive congressional race in

history. the amount spent there nearly $40 million. democrat john ossoff and republican karen handle are battling to fill the seat left open by tom price. beth fuey reports for us now, this is not just about one district, this is the finger in the air to see which way the wind is blowing, right, nationally when it comes to those who support donald trump and who may not, that sort of definitely sitting in the background. >> that's right, richard. this is the most expensive house race ever $40 million. the large majority of that $23 million raised by john ossoff, the democrat in this race. this seat has not been held by a democrat in 40 years, but democrats here really believe they might have a chance this tuesday. the polls, the early vote has been extraordinary, much higher than ever before, very much unlike a normal special election. and the reason among others -- in addition to all that money

that's been raised, one of the reasons that the democrat is competitive here in this traditionally very republican district is that democrats have gotten their act together and they're actually really organizing and really making a showing here. i'm here with one of those, her name is jen cox, she lives in marietta, georgia, one of the towns here in john ossoff's district. she's been very active on this campaign. tell me about how democrats got their acts together here. >> sure. well, we really didn't know we existed here in this red area quite frankly. and so we really felt a great surge of momentum to channel some of our angst after the presidential election. and finally get a chance to have our voices represented out of the sixth district. so we formed a group on facebook called pave it blue, over 3,000 women since march 10th in metro atlanta, to really galvanize behind john's values and message and finally have a chance to be governed from the sixth district with the values that we've been waiting to be represented.

>> now, it sounds like you guys actually didn't know there were a lot of democrats in this district. >> that's right. >> you kind of found each other. >> yeah. >> so what are you doing specifically to see that he gets over the top? >> well, every day we give people action items on the page. that is where we organize from. so every single day women are canvassing, phone banking, hosting postcard parties, we're sending them to the campaign offices that are nearest to them. and there are activists of all parts of the spectrum, new activists who've never been active before, never been politically active, not even talking about their views here. all up to women in their 70s who are seeing their second wave of activism so to speak, didn't know that they still needed to fight for these things but are ready to do it again. so we're really just energizing people and getting them going. >> there you have it, democrats organizing, perhaps bringing this democrat over the transom for the first time in 40 years, back to you, richard. >> and marietta, georgia, great korean food there if you get the

chance. lots of korean barbecue in that part of town. thank you so much beth fouhy, appreciate it. quite a race going on there. today marking the 45th anniversary of the watergate break in, how does it compare to today's political controversies? next i'm joined by a historian to help answer that question. dynamic performance, so you can own the road. track-tuned handling, so you can conquer corners. aggressive-styling, so you can break away from everyone else. experience the exhilaration of the bold lexus is. experience amazing. so we know how to cover almost alanything.ything, even a coupe soup. [woman] so beautiful. [man] beautiful just like you. [woman] oh, why thank you.

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today we're marking the 45th anniversary of the beginning of the watergate scandal. they broke into the democratic national committee headquarters at the watergate office complex in warrashington, d.c. the bugulars were working on behalf of president richard nixon. most americans thought it was impossible that such an abuse of power could happen in their own country. over 30 people were indicted in connection with that watergate scand p scandal. and richard nixon became the only president to resign from office.

nothing else has measured up in terms of scandals and no president has been able to escape its shadow. the current president's troubles may be worse than watergate. david greenberg writes this. congress again will decide whether our nation's democratic norms are upheld or whether, under trump, america takes a step toward countries where some trappings of democracy still remain but the rule of law and will of the voters have come to mean little. of course, congress will have to respond if it sees a threat to the constitution and they'll be getting advice from every corner. take a listen to this from bill maher. >> and mueller and his team have already found a clue that trump fired comey to stop the russia investigation. it's the time trump went on tv and said, i fired comey to stop the russia investigation. this is like watergate if deep throat was nixon, right? >> joining us is historian david greenberg of rutgers university.

we were quoting you a little earlier. is congress taking the right steps towards democracy away from what you said you're worried about? >> so far, congress, i think, is taking gingerly steps. it's a very different situation from watergate where early in 1973, the so-called irving committee led by senator sam irving convened. by this point in the spring of '73 had witnessed, hearings going full throttle. here the republicans have been very reluctant, i think, to cross trump. so they are slowly moving in the direction of hearings that might have some bite. certainly comey's testimony had that. but we're not quite where we're in sort of full engagement mode the way, you know, i would like to see congress engaged. >> if you're to look at this in terms of def con levels, and this past week we had the discussion and the reporting coming out that perhaps the deputy attorney general rod

rosenstein may recuse himself. he's thinking about it, or discussing it. the reporting that mueller is looking at and considering obstruction of justice along with all -- many other things in this russia question that he's looking into. where does that put us now that we're a week later on this saturday? >> i think one of the critical differences that remains from watergate is, with watergate, you had people arrested and on trial for the original crime. the burglary. here we know there was an original crime, the hacking of the democratic e-mails and then they are used to undermine the election. but we don't have anyone arrested for that. no one is going to trial. that in addition to the congressional hearings was an important source of information. one of the watergate burglars, james mccord, at trial, wrote a letter to the judge telling him there was a cover-up going on. that's an important piece we

don't have. apart from that, we aren't getting to resemble nixon-like behavior on the part of trump. >> like what? >> certainly the firing of comey as many commented a few weeks back, came to resemble the saturday night massacre when nixon's attorney general resigned rather than carry out the orders to fire that special counsel, archibald cox. the sequence was different but you had that same firing. now if mueller is fired, you'd have saturday night massacre times two. >> the president saying this is a witch hunt. >> that, too, was nixon's defense. nixon continually said he was being, you know, attacked by the democrats, the liberals, the media. they even came up with this cover story that it was the deep state. they didn't use that phrase back then but they tried to blame it on the cia and said this wasn't a white house operation. the real scandal is the cia. >> what is the next thing you're looking for? >> to see what happens first on

the original crime. what we can pin trump operatives, whether it's manafort, roger stone, other trump campaign people to the original hacking. that, i think, is one of the most important things. then the question is what trump does now. does he continue to give fodder to those who say he's obstructing justice. >> and manafort still has international connections. it adds more information if you will, to all of these investigations. we're going to be talking to you over the coming months. david greenberg from rutgers university, thank you. >> my pleasure. tonight don't miss the special presentation of "all the president's men revisited" narrated by robert redford. the infamous watergate scandal weaving firsthand accounts from those at the scene of the story. "all the president's men" tonight on msnbc. tomorrow, ari melber presents "watergate, the criminal

presidency" including tom brokaw, dick cav ot, roger stone and many others tomorrow from 5:00 to 7:00 p.m. eastern on msnbc. in our next hour, we continue to follow breaking news in the bill cosby sexual assault case. the judge declaring a mistrial after more than 50 hours of jury deliberation. we have a live report after the break. if you've got a life, you gotta swiffer there's nothing more than my vacation.me so when i need to book a hotel room, i want someone that makes it easy to find what i want. booking.com gets it. they offer free cancellation if my plans change.

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award winning engine. the volvo xc90. the most awarded luxury suv of the century. visit your volvo dealer to take advantage of our midsommar sales event offer. i'm richard lui in new york city. breaking news. after 52 hours of deliberations, the jury in the bill cosby sexual assault case came back. they came back deadlocked on all counts. the judge asked each juror individually, do you agree that there is a hopeless deadlock that cannot be resolved by further deliberations? that's exactly what the question was. each juror then responded with a, yes. cosby was charged with three felony counts of aggravated indecent assault. he and his team have repeatedly denied these and all