who found out the news of their loved ones. i would encourage any survivor that we have not been able to make contact with if you were living at the champlain towers, please contact the red cross. you can contact us locally, 800-red cross and that will get you to us here so we can provide the services locally to you wherever you are. we had the fortune to be supporting roughly 17 to 18 families that are currently still here, and i'll tell you, the resilience of those folks is nothing short of amazing and just like the chief was mentioning about the termination, that's what keeps us going. when you have these folks who we're serving who we know they're having the worst experience of their lives and turning around asking you, what can they do to serve their friends, their families and what can they do to better support

the red cross? it's nothing short of amazing. so i would encourage anyone that's out there that they would not be able to make contact with and please reach out so that we can get you the access that you need. thank you. >> thank you, mr. logan. creole translator, leo lenenore. good day. this is "andrea mitchell reports" in washington. as you've been hearing from the briefing today, rescue workers continuing their relentless effort pulling up millions of pounds of concrete through weather conditions, you can see it's starting to rain again hoping to find survivors one week after the deadly condo collapse in south florida. after four additional victims were found, there are 16 dead and 147 still unaccounted for and reassurance to families that

the search and rescue operation will go forward throughout the coming days. let's begin in surfside, florida, with nbc's ron allen. ron? >> reporter: and assurances, andrea that this will go on despite the weather. there are storms in the area, but we've had constant rain on and off throughout this operation and the public health officials here were assuring the public, that in fact the weather is not going to stop things. there's also concern about hurricane systems that are nearby and the governor and others assure the public that there's a capacity to be able to handle more than one emergency at a time and that's what the situation is that we face going forward. the storm's looming and the headline is 16 victims and 147 unaccounted for and a lot of concern about the pace of things and about the weather closing in, and the mayor assuring the public that there are things

going on outside and the grand jury investigation about what happened here. do you want to go back to the questions and i'll answer. this is fire chief kaminsky being asked if this is still -- >> again, with this collapse and what we're seeing with debris it's very difficult to move the large concrete slabs. we're seeing it pulverized underneath and crumbling as we are trying to move it. that just compounds it. if we find an area we expand from there. we try to tunnel certain areas through there and not tunnelling through, per se, but in certain aspects to see if we find someone. so we definitely come across some aspects like that and when we do, that's where we continue to move forward. >> thank you, chief. ma'am? >> mayor cava, the four

additional bodies have been recovered -- [ inaudible question ] >> so as you know, our process is to contact the next of kin, and so that's what we're working on at this time before we can give any details. thank you. >> individual? [ inaudible question ] >> and the question was asked of the mayor, mayor cava about the -- when or how they could identify some of these bodies and were there any identifiable names or indications and ron allen is right there with me, but what she said is that their first operation is to notify the families, the next of kin. >> yes. a lot of the families have submitted dna samples and those are nearby in case they are needed. so there has been this operation to anticipate identifying victims. andrea?

>> thanks, ron. we're back to chief kaminsky. >> i know everybody wants to help and we have the properly trained individuals. they'll be assisting in different ways and that particular group is sponsored. [ inaudible question ] >> that's why they just check the credentials. i don't -- i don't know that. that's what i've been saying from, you know, where we are with our support. we have our state assets. we have our federal assets and that's the goal in regards to these missions. this is how we deploy our task force units because we know the training. definitely, we'll utilize resources, but if anyone had the opportunity, everybody would be out there. everybody would be out there, and that's the key. i can't overemphasize the risk that everyone's taking right now

and we all know why we're doing it, but you know, and that's just where it's critical, but yes, we are utilizing them to the best that we can and we are very grateful for everyone's assistance. [ speaking foreign language ] >> ron, the families and people in the community are understandably concerned, there have been questions asked about why they're not working through thunderstorms. they came up yesterday. they want to know that they're working 24/7. that is the case and that is the assurance, they've been working through the night, correct? >> reporter: yes, 24/7. it's an incredible amount of work and it's incredibly dangerous. everyone who does these briefings of people that we talk to here and you can see some of these volunteers and others coming off the area back there

now. this is excruciating. it's dangerous and in many ways it's somewhat unprecedented what they're trying to do, and they're doing very carefully and methodically, and yes, it raises a lot of questions in these grieving families' minds about why this can't move faster, but this is just -- and this is the way i think it's going to be for some time to come because they just want to make every effort possible to try and find survivors and try and find signs of life. andrea? >> and we will ton to listen back and north to this briefing and see which questions are being asked. >> can you talk about the challenges? the weather, how is that going to affect everything as far as people getting -- >> this is a question about the president's logistics for their

visit tomorrow. >> they've been showing support for this community since the beginning and we assure you that we have plans in place with the secret service and our federal partners that this operation will continue. i mean, we have been resilient. we've had several challenges from weather, sorrow, pain and i think the president coming will bring some unity here, like our governor, mayor and all of us together and it's a great message for the family and we'll get it done. that's not going to be a problem. [ speaking foreign language ] >> so the assurance there, ron allen, is that they are going to keep working on this and that they've got all of the resources they need and they keep trying to reassure the families and that the president's visit is

just to have his support and the white house has not wanted to interfere. there has been a very long and unscheduled time limits, private time for the president and the first lady, and knowing joe biden and the way he has reacted in the past to these kinds of crises, he's going to spend a lot of time with these people so that's when we -- that's what we expect as this briefing has concluded for today, ron. let's just wrap up what we now know. we know that four more people were recovered overnight. four more victims, bringing the unaccounted for number to 147. they're still notifying those four families. they've notified the 12 families that have been the victims from yesterday, but these four victims, those families are in the process of notifying the next of kin, and presumably also working on the dna that you were referencing earlier. ron?

>> exactly, andrea. the operation continues and that's the headline here around the clock and it will, presidential visits, as you know can be very disruptive and sometimes presidents don't visit places like these disaster scenes because of that, but everyone here is anticipating president biden's visit. yes, he is an incredibly empathetic individual and we expect them to spend a lot of times with families and first responders who are here. also, important things are going on beyond the site of the disaster. the mayor and others are pointing out that there will be a grand jury investigation into the causes of what happened. a similar investigation followed hurricane andrew here many years ago. it's not necessarily to find criminal activity or criminal responsibility, it's about finding information that will help with building codes and storm preparations, so on and so forth and get into why this happened.

there's also an audit going on of buildings in dade countet and other cities around here of older buildings to reassure residents and there are other people who are concerned about their own properties and whether they're safe given what happened here. that's going on, as well with whether the operation can continue here. yes, for the most part the focus is on this pile. it's 3 million pounds of concrete and steel were removed which is an incredible amount of material and it was described earlier today as a site that's not as big as an acre which was the first time i heard that, and one of the officials talked about how there are so many people concentrated in that one particular place that is unlike other rescue operations here, for example, when a hurricane hits it covers many different counties, but there is an intense focus this acre, on this particular place which i would

imagine slows the operation and helps speed it in some ways. it's really, the more you hear about this it's unprecedented with what they're trying to do, burrowing in from underneath. there are drones and every piece of equipment available and every resource, every intellectual resource being put into trying to find life here and that goes on. >> andrea? >> ron allen. thanks for your extraordinary coverage and the pain of covering this kind of story, and turning to the other big story that we're watching here in washington. this afternoon the house is going to vote to create a committee to investigate the attack on the capitol with most republicans likely to oppose it after senate republicans blocked house speaker pelosi's preference to have an independent bipartisan commission investigate the riot. democrats will have a majority on this 13-member congressional panel. speaker pelosi's indicated she may use one of her slots to name

a republican, possibly liz cheney or adam kinzinger who have both broken ranks with republican leaders and have said themselves called for an independent investigation in defiance of their leaders. joining me now house majority whip, james clyburn of south carolina. mr. leader, thank you very much for being with us on a busy day. first of all, how are you expecting this vote to come out today? >> first of all, thank you very much for having me, andrea. i wish to lend my voice to those expressing all kinds of empathy and sympathy for those people there in florida. it is one of the most catastrophic events i've experienced in my life, and i hope and pray for all of them. as for the vote this afternoon, i do expect that the vote will

pass because we are all in search of the truth. i think that we are aware of what happened on january 6th. we want to make sure that we get to the bottom of not just what happened, but why it happened, and the only way we know to do that is for us to probe and probe and probe. that is what this committee will do and hopefully it will help us prepare for the future and trying to achieve this democracy together -- do you expect that the speaker will name a republican using one of her choices to name a republican and presumably, someone who supports the investigation? someone like liz cheney or adam kinzinger? >> hopefully it's not someone

who has lost touch with the truth and the fact of the matter is i do expect her to name a republican because i think she wants to continue to demonstrate that she is in a bipartisan pursuit of the truth. she demonstrated that when she authorized an even number. five and five, sent that to the senate and they rejected it. i don't think continue to take that that the speaker is in pursuit of the truth. we will continue to do that with her appointments today. >> will she be naming them today? >> i have no idea. we'll have that -- her appointments as a result of today, i suppose. >> i want to also ask you about police reform because there are

reports, rather, that the talks on capitol hill are teetering on collapse. karen bass, as you know, has been the point person from the house side. is this long negotiation to get the george floyd bill passed going to fail? >> i hope not. i really have been working closely with congresswoman bass. i've had discussions with both senators scott and booker and i've talked to sheriffs to see when we can do behind the scenes to find common ground. look, we want police officers to feel free to do their jobs and we also want people in the community to feel that police officers are there to protect and serve and one of the best ways i know to do that is to

maintain accountability. nobody wants to fear a police officer. we do want to be supportive of police departments and we aren't going to get that if people don't feel that they are going to be accountable for their actions. i grew up in -- and i think everybody expected a certain kind of conduct from a pastor. we should be able to say the same about police officers and when that conduct is violated in any way, it plays a process about which we can hold them accountable. >> i want to ask you about infrastructure also because speaker pelosi reiterated her position that the $6 trillion infrastructure plan and no specific proposal should be linked by the bipartisan deal that the white house struck with the senators.

so where does that leave democrats in terms of passing something? you've got the progressives opposing anything that doesn't have linkage. you have the more moderates included in the house and importantly in the senate insisting that they be straight and the republicans, of course. where do we stand? >> i don't know, there is a bipartisan support in the house and i know that. i've looked at the numbers and it's a good day x it doesn't go as far as many goes because i to believe -- it kind of made it side that up, that this so-called kid economy comes along with it. i have a lot of constituents who want to go back to work and

they've got children that need to be taken care of. they've got parents and grandparents that are on their watch now, that so many nursing homes and other facilities have gone out of business. so we need to make sure that we bring all of this along with us. you know, i've studied history all of my life and we know that time after time after time we see a recovery from depression. we've seen a recovery from recession leaving pockets behind and these are the people we want to make sure don't get left behind it time and the compromise bill that was in the senate if that's the only thing that we do, it will leave a lot of people behind, and we don't want to leave people behind.

so it's not necessarily linked, but it is a two-pronged attack on this problem. >> so, but your bottom line is do the compromise bill and then worry about the -- then deal with the bigger, more progressive agenda that the president has endorsed as well? >> well, the then could be the following vote, same day, within the same hour. yes. i'm for both of them. there is some debate as to one will come friday and one will come on monday. why not do both on monday? >> it's a tall order. congressman jim clyburn, this will be a rock and roll summer with the los of twists and turns. thanks for helping us today. speaking of summer. >> thank you. >> we have scorching summer weather hitting the east coast now, out west, record-setting

temperatures with wildfire concerns and have state leaders in concern. in a virtual meeting with president biden. joining us now nbc chief white house correspondent weekend today co-host peter alexander and nbc meteorologist bill karins with more on the hot spots across the country. peter, let's talk first about the focus this the president has with stunning highs in places like portland and seattle, up in canada, 121-degree temperatures in canada. there are real dangers the president's hearing from these governors here on the west coast of the u.s. >> andrea, you're exactly right. that conversation taking place virtually. the president speaking to those governors with a series of western u.s. states. the republican governors of wyoming and utah participating and the democratic governors of states like washington and oregon that have seen those record temperatures in recent days. gavin newsom from california among those participating, as well. the simple message we heard from the president is we need to act and act fast.

we are playing catch-up right now. the climate change it to blame for the record heat wave that we're seeing right now or for what is already on pace to be a perilous or record-setting fire season. fire officials out west saying they're seeing roughly 60% of the resources committed and we are not yet into july right now . the president using bonuses to make sure that all federal firefighters make at least $15 an hour and try to make that a permanent position. right now it's normally a temporary one because fire season had been seasonal and now it's effectively year-round work and here's the president meeting with them a short time ago. >> california and some other places drought conditions are twice what they were last year and right now we're seeing record heat in portland and across the west. i want to thank the governors and local leaders for providing local information to citizens

with cooling centers where people can go to get relief from the heat and to our utility leaders, we are ready to work with you to make sure that people have access to power including air-conditioning under these extreme demand conditions while continuing to advance our climate goals. >> as for the pay for firefighters, the president saying that we cannot afford to cut corners here. he can raise it temporarily, the bonuses, but ultimately the white house and the president is calling on congress to get involved to make a long-term deal to help better pay those on the front lines. andrea? >> and the vb was joining, for her it's personal. her firefighter is a brother out there and grew grew up with fire warnings what has been plaguing california for years. >> bill karins, we've got heat on the west and think, heat in the east and new york city and

100-degree temperatures going north? >> yeah. the northeast is the exception of all-time records in the west. boston was 99 for the first time in nine years. newark airport was 102. this has been an oppressive heat wave by northeast standards and today is the end of it and we'll hit the peak in the next couple of hours. we just hit 98 degrees in newark. central park is at 94 and boston is at 95. so the hot stuff is on the i-95 corridor. when we add in the humidity it already feels like 106 in newark, boston, 102. notice where it's cooler, detroit, buffalo. that is where the thunderstorms have already moved through and that's what's going to be different today. we're finally going to see some thunderstorms and rain cooling off the region, but we have 43 million people under heat advisories and it is hot, humid and will easily be 95 to 100. we'll see that in d.c., philly, baltimore, new york and boston. what's different is not only do

we have the storms. some of the storms could be severe today and maybe even a few tornadoes and watch out my friendses. we are still very hot from boys to spokane but it has returned to hot, not crazy hot and that temperature we mentioned in canada, that has sciencists scratching their head. canada broke their all-time record high by eight degrees in this event. it doesn't happen. usually it's one or two degrees. this is reacting to climate change is going to be costly. >> bill karins, thanks so much for all that. >> and the search for survivors. rescue and recovery workers from all around the world to surfside florida to help after the deadly condo collapse. we'll talk to andrea mitchell reports on msnbc.

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through grueling shifts, heat, humidity, rain. tell us what they've been able to find in the rubble. >> first, let me say that the state of israel -- [ indiscernible ] >> i am so sorry, we've had a connection problem. as you can imagine there is a lot of communication difficulties in this process. we will try to -- we will try to bring that back to you and we'll take a quick break. to bundle, you'll save money and get round-the-clock protection. -sounds great. -sure does. shouldn't something, you know, wacky be happening right now? we thought people could use a break. we've all been through a lot this year. -that makes sense. -yeah.

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and there are new questions today about whether vaccinated americans should keep wearing masks. as top health organizations are offering conflicting advice and the more contagious delta variant of the coronavirus spreads in the u.s. the world health organization now advising everyone vaccinated or not to continue to wear masks and social distance, but the cdc is not planning to change their guidelines telling vaccinated telling people they do not need face coverings. the cdc director told my colleague savannah guthrie the w.h.o.'s focus is difference because they're looking at the global -- >> there are places around the

world that are surging and as w.h.o. make the recommendations they do so in that context. here in the united states we are fortunate. we have three vaccines that we know are safe and effective. >> joining me now is dr. anish, senior scholar at the bloomberg school of public health. i know you can sort this out. to wear a mask, not to wear a mask, who's right? >> i agree with the cdc director. when the w.h.o. is speaking they're speaking to the entire world, a world that is not very well vaccinated and a world that have used chinese vaccines and not astrazeneca, j&j, pfizer and moderna. fully vaccinated people do not have anything to fear from the delta variant. the cdc recommendation is something i recommend and i follow. you don't need to wear a mask if you're fully vaccinated. we need to be protected from the delta variant because we've had

many of the high-risk people vaccinated and we're not going go into a crisis because of the delta variant because 77% plus of the seniors are fully vaccinated. >> how do you explain los angeles county urging everybody to keep wearing masks inside public places whether you're vaccinated or not? do you think more cities or colleagues can follow suit? >> i cannot explain what's behind los angeles county to make that recommendation. you will see city governments come up with those types of recommendations and it's important to realize that when you look at the science of fully vaccinated individuals they don't have anything to fear from the delta variant. i'm not sure what's motivating the recommendations and it might be just a sense of caution or they want to do something overcorrecting, and i don't think it's necessary and it's something that people are not going to comply with especially when it's defiance of the science and the cdc recommendation. >> there is a new study out from moderna saying the mrna vaccine

works against the data variant. pfizer previously had a study. now there's a debate among doctors whether or not americans who received j&j, should get a second shot, a booster of moderna or pfizer. where do you come down on that? >> there's not enough information to be able to say that. johnson & johnson will have information imminently about the delta variant and the efficacy of the vaccine of the delta variant. they use similar technology and it's a two-dose regimen and there's a caveat. right now i wouldn't blanket recommend people to get a dose if they've had the j & j vaccine and i suspect it's going to be really good at when it comes to what matters and serious disease, hospitalization and death. whether we see it at a higher rate, and wait for the data. >> now as we expect the delta variant to become so dominant in the u.s., kids under 12 can't

get the shot. what do you think parents should do to keep their children safe especially as we approach the fall and school year? >> so throughout this pandemic we learned that children are less likely to have severe disease from covid-19 and likely to be major spreaders. you have to come down to some kind of parental risk calculation. is your child at high risk for severe disease? have they had asthma and a bone marrow transplant or chemotherapy. there you want to be more cautious with masks and social distancing, but if you have a healthy child it's probably something that each parent can decide and the more adults that are vaccine aid the lower the rates and the more protected those less than 12-year-old children will be. the risk calculation for parents is the bottom line. >> and finally, we're almost at july 4th weekend, a holiday, of course, for big gatherings at

beaches, picnics and barbecues. what advice would you give for people to be cautious? >> if you are a fully vaccinated person i think it's fine to go back to your pre-pandemic july 4th activities except for make sure you're safe around fireworks. we don't need people to blow their fingers off because they feel impervious to that. if you're an unvaccinated individual try to be around as many vaccinated persons there can be and do things outdoors and if you're in congregated places and unvaccinated think about wearing a mask. >> happy july fourth weekend ahead to you. doctor, thank you so much. it's always good to see you and have your advice. and charges against the trump family business expected as soon as tomorrow. why one former trump organization executive says the former president himself deserves jail time. i'll talk to her about that. you're watching "andrea mitchell reports" on msnbc.

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nbc news learning that new york prosecutors are expected to file charges against the trump organization as soon as tomorrow focusing on the company awarding benefits to at least one top executive who could be charged on tax issues. district attorney cyrus vance could announce charges against the company and chief financial officer alan wieselburg and potentially other employees and it could have huge effects on its balance sheet. joining me now is barbara wrest former executive vice president of the trump administration. thank you for joining us. you know the company so well. is anything in that company happening without donald trump knowing about it? >> absolutely not. let me say that pretty firmly. no, donald -- do little things happen? sure. do files get formed and do people get out, yes, but something major? no. >> from what we know, the investigation has focused on

perks that trump and the company awarded alan weisselberg including private school tuition for his grandchildren and rental car leases for him and his wife. from what you learned does this sound plausible? >> absolutely. trump has given things away in my tenure, although it was a very, very long time ago and he has changed as you see in my book, but he started with that kind of thing and initially it was kind of like chips. i'll give the mayor some tickets to the open and we'll like me better and things like that and eventually it became more and more, and i can see with alan that if -- it's logical that if trump gave alan things he gave things to other people, too and there are questions about that. are you at all surprised that at least as far as you know,

weisselberg is not cooperating with all of the pressure that they've put on him and all of the time that's elapsed? >> no. some very wise person said to me on twitter. don't second guess the prosecutors. i suppose that it's probably true that he has not cooperated, but there is an outside chance that he has. these people are doing what they do with a purpose and i don't think it's just to, you know, attack the company for giving alan some perks or some usage of things without paying taxes. i think there's got to be more to it. >> do you think that anything would happen in the company that weisselberg didn't know about also as cfo. >> if weisselberg didn't know that? probably, but not anything financial. you know, like making bids on properties and things like that if they still do that. that would not be known by alan

and things that are on the purview of the kids would probable not be known by alan unless they involve finances in some way, but trump knew. trump knows everything. >> and even when he was president you could argue that for the last four years, at least, he was pretty busy doing a lot of other things. how much do you think he was in touch through his sons with what was going on in the company? >> this is just my opinion, okay? i think he was very in touch. i think he was in control. i don't think he gave up control of anything ever. >> well, we will find out tomorrow, of course, at least the first stage of this. it may be a continuing investigation, as well. >> that's right. >> barbara res. what my 18 years of working with donald trump reveals about him. thank to barbara. >> we have breaking news now. bill cosby will soon be a free

man. nbc news has learned he will be released from prison early. the pennsylvania supreme court has vacated his conviction claiming his trial was unfair. we have a lot more coming up, of course, as we learn and he may be released very, very soon, if not today. former president donald trump is arriving any minute at the u.s.-mexico border along with texas governor greg abbot who is up for re-election next year and is launching a controversial plan for texas to use state funds as well as private money to build more of that border wall, a plan that critics say is legally credible since protectioning the border is supposed to be a federal responsibility. joining me now is jonathan lemire and ashley parker. welcome all. jonathan, republicans are trying to highlight the issue of the border. you're seeing all of the governors jumping on the bandwagon including south dakota governor christy noem. she's deploying federal guard

troops from a donation from an out of state gop mega donor. what is going on here? is this a wage issue that we've seen it to be in the last months? >> well, republicans certainly believe that it is, andrea, and the white house recognizes that this is an issue of some weakness for them and the gop to this point has struggled to lay a glove on this president. biden's popularity is according to polls ranked high. american people largely approve of his agenda and his covid relief bill is for the infrastructure bill with the washington drama around it and the public likes what he's proposing, but the border is an issue that the gop thinks they have something issue here. and the influx of undocumented migrants and unaccompanied children, and that's slowing a bit because it's the summer and the trek is too dangerous. the administration is trying to ramp up facilities to handle

future surges and the vice president did make her first trip there last week, but the white house recognizes this is an issue that they don't totally have their hands around yet and the gop thinks it could be a win for them and we're hearing from the governors and former president trump and his perhaps, defining issue as president and he's looking to not only put himself back in the spotlight again as we've seen his return of the rallies this past weekend, but also he feels like this is a moment where they can score some points on the white house. >> ashley, his rally was less than a huge success according to ail vitali who was there and not very exciting that people began to leave very quickly and it wasn't like the old days of trump rallies. does this -- how does this play, him going to the border today? >> well, yes and no for his rally. again, and even when he was president and when he was a candidate, his rallies did vary. there were some where people started trickling out almost as

soon as he started speaking. some also notably that were sparsely attended and some where the crowd was revved up and energetic and huge. so ali is absolutely right that this may not may not have been one of former president trump's peak rallies, but it was the sort of crowd someone like president biden would generally be quite happy to have. i think to answer your original question what we're seeing at the trip to the border and the rally in cleveland and tampa is that this is former president donald trump beginning to officially emerge in the public limelight trying to complicate joe biden and kamala harris' life and message against them and play a role, although it's unclear if it will be a helpful or hurtful role, with reasons in the upcoming midterm elections. >> jonathan and ashley, thanks

to both of you. back to that breaking news with bill cosby. he will soon be a free man and he is 83 years old. the former comedian to be released from pris bin pat -- pritten by the pennsylvania state, saying his trial for sexual assault was unfair. msnbc chief legal analyst ari melbourne joins us now. please rescue me and my voice. >> absolutely. i've been there, andrea. this is a very big deal, a huge deal, a breakthrough as far as cosby's appeals are concerned and in my reading of the case and i just want to be clear, we just got it, the entire opinion runs over 70 pages and we're still digesting it in the newsroom but it would appear to set him free. he will be released from prison and appear to accept some of the appeals winding through the courts for many years now and that his defense lawyers had

often made that there were aspects of the trial they argued were unusual, that brought in information and allegations that were not directly jermaine or relevant to the charges he was convicted of and at the time that was considered okay, allowed by the judges based on different doctrines including the similarity between the other allegations and the charges he was convicted of. here you have the supreme court -- i think the big questions the viewers may have is this over, is this the end? it would appear to be the end because this is the highest court in the state. >> now he had served two years and up for parole in may. it was a ten-year sentence and according to some of the reports from the ap i'm seeing, i know you haven't had a chance to go through this and neither have i,

that part of this overturning of the conviction was based on a prior agreement he had with prosecutors which said that he could not have even been charged in the case. recall this was his second trial after a mistrial. that conviction came after, you know, the second attempt to convict him. >> the appeals have been winding through the courts on two major issues, that issue which was an alleged prior agreement with mr. caster who was the previous district attorney and then the issues of what else was brought into the case. it's really striking because this was considered at the time by many who follow these kind of cases of sexual assault as a kind of a breakthrough case where things that had fallen by the wayside, that original agreement you mentioned, was controversial for many reasons but was considered at the time

the kind of lenience or deals that are struck in these cases. this conviction was considered a breakthrough. for people who followed this case or saw it as a legal breakthrough for the alleged victims and survivors, this is an incredible blow here from the court. >> and again, that district attorney, the former prosecutor, which -- who had been controversial for being too lenient and letting him off when it finally got tried for the second time the victim, andrea, had been at temple university a beloved figure, had gone to temple university and a trustee i believe at the time, very active, you know, alumni, and very active in the philadelphia and pennsylvania area, so his influ flus when on that montgomery prosecutor potentially had been at issues. these were adjudicated at the lower court levels i believe

before the trial. >> exactly. this is a complex what lawyers call a procedural history, but to the point you raised, i'm going to read briefly from the ruling where the court says we have determined cosby, quote, in fact, relied upon d.a. castor's decision, what you and i are discussing, the fact that the prior district attorney castor, had apparently made this agreement that this court finds to be valid, they say, quote, we conclude cosby's reliance was reasonable and it was reasonable for d.a. castor to expect cosby to rely. the record establishes, the court's view of the record of the factual history, that denies cosby of his fifth amendment right, d.a. castor's intended result and refer to the controversy as you say, i'll try to translate into english, whatever you think of what happened, whatever you think of mr. cosby as a defendant, that

the government, in this case the district attorney, did extend him this position and he relied on it an that was the reason they would be vacating his conviction. >> to re-emphasize that does not mean that what he was convicted of did not happen, that andrea's complaints were not real. it means there was this prior agreement that he relied on and for technical reasons, if you will, technical, a broad description. thank you for that. >> thank you. >> that means that he is cleared to get out of jail. ari melbourne thanks to you. that does it for this edition of "andrea mitchell reports." chuck todd will follow up next with "mtp daily." p next with "mtp daily. front desk. yes, hello... i'm so... please hold. ♪ those days are done. ♪ i got you. ♪ all by yourself. ♪

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