morales and kerry sanders. we'll continue to cover the rescue operation in chile on msnbc throughout the night. "countdown with keith olbermann" starts right now. which of these stories will you be talking about tomorrow? don't ask, don't tell, don't appeal. a federal judge issues a worldwide injunction against the military enforcing rules against gays serving openly. she gives the obama administration 60 days to appeal. will it? our coverage with congressman barney frank and the executive director of service members united, the only identified veteran among those who sued, alexander nicholson. he's so guilty he can't even lie about it. karl rove replies -- >> we do not solicit for

entities and we tell people we will not accept money and it's been illegal since 1907 for foreign money to be involved in american political cam pan. >> your answer is yes or no. the desperate effort of rover, the u.s. chamber of congress to elude the foreign money mega scandal. more carl paladino. just uncovered from march, what he would say to the attorney general if the attorney general chose to hold a terror trial in new york city. [ laughter ] >> that was "f" him, "f" him. since paladino said that there have been four terror trials with two convictions. the hope for miners as the rescue 'neers, possibly as early

as tonight. and double fun with christine o'donnell. first she meets apple daily. then how she appears to try to use this internet sensation in her latest campaign ad. ♪ >> all the news and commentary now on "countdown." good evening from new york. a landmark in american civil rights tonight. the u.s. government as of this afternoon prohibited from discriminating against gay soldiers in the u.s. military, a federal judge ordered an immediate as in now to any and all discharges of gay military personal based on their sexuality. after estimating 14,000 americans to stop serving the country who they love the judge's order today said no more. the 66,000 gay americans now on

active duty who lie, deceive, and fear expulsion, no more. those who want to serve in the feature would have to hide themselves no more. after three presidents and a skren rags of soldiers in our fifth story tonight don't ask don't tell has been struck down. alexander nicholson stand big to join us in an exclusive interview as well as barney frank. today's decision was handed down by the district judge. on behalf of members who are now serving or had served in the u.s. military. alexander nichol son the only one not named as ajang dough in the suit. gates opposed don't ask, don't tell. telling nbc news they're studying the order to halt enforcement of it, suggesting the meant gone may comply, quoting it's important to point out that today's federal court order comes less than two

months -- before the pentagon is to provide secretary of defense robert gates with a plan on how, not if, but how to implement the appeal. mr. obama has resisted pressure to do away with don"don't ask, don't tell", using his power as president referring congress to do so which it has failed to do. today the white house had little reaction to the ruling. >> do you have any reaction that the federal judge has issued a federal injunction in the don't ask, don't tell. >> i was told somebody about it as i walked out. i would point to doj as they will andize the briefing. >> the big question now, will the justice department appeal? doj had no comment. here now most of the text today ordered, three short shattering paragraphs. to quote, the court, one, declares the fact known as don't ask, don't tell, infridges the

fund mental rights of the united states service members and prospective service mems and violates, a, the substantive due process rights guaranteed under the fifth amendment to the united states constitution b, the right to freedom of speech and to petition if doft for redress of grievances guaranteed by the first amendment to the united states constitution. two, perm flint enjoys defendants united states of america and the secretary of defense, their agents, servants, officers, employees and attorneys and all persons aking in participation or concert with them or under their derek or command from enforcing or applying the don't ask don't tell alkt and implement relations. 3, orders defendants united states of america and secretary tear of defense immediately to suspend and discontinue negation of discharge, separation, or other proceeding that may have been commenced urnlt the don't ask don't tell act or pursuant to 10 usc 654 or its

implementing regulations on or prior to the date of this judgment. it is so ordered on this day. founder and executive director, of gay troops, veterans and supporters. thanks for your time tonight sir. >> thanks for having me. >> how are you feeling? >> it's a euphoric date. many have thought don't ask, don't tell was unconstitutional for a long time. the judge had some teeth on her ruling issued an injukz and now the peblt gone is barred from enforce management. >> you joined the army in 2000 of may. you spoke many languages and were involved in human intelligence and after your orientation surfaced some of your service members warned do you be more careful about it. is that correct? a that because they wanted you to stay in the service with them? >> that's pretty much correct. i was trained as a human

intelligence director. i did have a number of my other service members come up to me and say and warn me and say the information is start ing ing to out, you need to be a little bit more careful. i was sort of an inadvertent fluke i was out there to begin with. they had my back. unfortunately it continued to filter up to the command and i was ultimately discharged six months after 9/11. >> what did that mean with the honorable discharge? what did that mean when they forced you out? >> you know, the day i was discharged was unfortunately such a relieve because of the two months of turmoil and the emotional roller coaster i had gone through. it was a relief but it was extremely sad and disappointing because the army is something i had grown up around. my father was career military and it was something i plan dodd as a career. i was a talented recruit, multilingual when i went in. it was right around the time of

9/11. i was something somebody they desperately needed. it was sort of a slap in the face that didn't make a lot of sense to me at the time when i was 20 years old, i believe. 20, 21 years old. it was just, you know, a mix of emotions. it took me years to recover. but, you know, eventually i did and became one of the nation's leading don't ask, don't tell repeal candidates. >> was it a big jump in your mund to file the suit? >> i was approached ed ted t e cabin to be a part of it that. i were a big support to our service members united. it was sort of a nonissue for me. i was more than happy to go in and help save the case and revive it by being the named public plaintiff, the named injured veteran. it's something i've been happy to be a part of since. fortunately for us this is something that looks like may gut don't sk r"don't ask, don't

finally. >> you've been very critical of president obama. explain that if you would. >> i have. number one with respect to the case and the legal challenges. the justice the department didn't have to pursue it as viciously as they vchl they've taken some extraordinary measures in some cases to try to quash these lawsuits, this one in particular. i've also been critical on the legislative front. just last month when the national defense authorizationing at was up, i've been critical of both president obama and the democratic leadership for not doing enough. >> if the administration appeals, decides to appeal and somehow wins and republicans in the next congress continue to block the repeal as they have this year, where dugs the assignment of blame go from there, do you think? >> i think blame, there's enough to be spread around quite far. republicans certainly can do some blame. you know, they obviously blocked

it. the president, you know, southboundly continues to deserve some blame for not speaking out enough. we'll wait and see what he does in the lame duck and the democratic leadership. if they bring it back up, you know, maybe they can mitigate some of that blame to try to get it accomplished legislatively many the lame duck. but, you know, if -- if -- when january comes around, if we're in the same place or still trudging along with don't ask, don't tell, i think a lot of the blame is going to lay with the president. he really has a lot f of authority here. i think he's trying to put on some others, the department of justice, the congress. he really has a lot of authority to step in and do a lot on this issue that he's not doing right now. i believe that he believes don't ask don't tell is wrong but i'd really like to see him step up and step up to the plate on this and actually put some of that press den chal power behind that belief. >> alexander nicholson, the only name in the lawsuit.

thank you for your time tonight, thank you for your service to the country and congratulations as you said on the euphoric day for you. >> thank you, keith. let's turn to congressman barney frank. thanks for being here tonight? >> thank you. i was the first to come out voluntarily, but my late colleague was the first member of congress to -- >> thanks for correcting that on that. set aside for a moment your role as a congressman, as a person, as an american, as a gay man, how do you feel tonight? >> well, as an american citizen i feel better protected. it seems to me a grave error for us to have told the country, thousands and thousands of qualified men and women you can't serve. know, when this first came up, i asked colin powell 20 years ago, what was the justification for excludeing gays in the military. this is when there was a tougher ban than even don't ask, don't tell. i said are you worried about

espionage. i was out by then, so he knew where this was coming from. colin powell opposed the change but he said, look, the gay mand lesbians have been great but there was so muj prejudice against them that it would be disruptive, blaming the victims. so i feel very pleased that my country is going to have the full pool of people to pick from. yes, as a gay man i'm very pleased to see the progress being made. >> is there any question in your mind the pentagon has to stop enforcing this right now or is there any ambiguity? >> no, no. there's no ambiguity. the partisanship is appalling. first the president simply account not abrogate this. it's a statute. the president could do a better job of enforcing it. they did. they scaled back. i give obama credit for that. but this is statutory. it thoos be repealed.

for people, by the way, who have been kind to say judicial activism, they have to understand, the united states -- a majority of the house of r representatives are going to repeal it. a majority of the senate committee of armed services has voted to repeal it and a strong majority of the senate but unfofu unfortunately not enough to filibuster have repealed it. this was unfortunately part of it in congress. when the vote came, every single republican voted no. in the house we've got five republicans to vote with us to repeal it, and 170 against it. about 90% of the democrats are for it. now, i wish things were different, but i was really disapojted that he would make this part of the issue, that the log cabin republicans, unfortunately they've gotten no republican support. i want to push ahead and i hope we will have a vote on it in the lame duck portion of the senate, i believe we will, and if the

log cabin republicans can produce two or three republicans this thing will go away. >> in the short term is it your expectation that the administration will repeal this ruling or they're going to let this go and thus facilitate in many ways the repeal of which you speak? >> my advice, which i will now take advantage of your program, keith, is they've got 60 days. we will have the lame duck session convene in less time than that. the lame duck session will convene on the 15th of november. clearly what they should do is wait and see. i hope they don't appeal it at achlt but it would be really foolish to appeal it before we can repeal it. so, and i am glad the judge did that. it's an unconstitutional policy. but it would be better to complete the process of the elected officials doing this. so what i would urge the administration to do is nothing until congress has reconvene and the senate has a chance to vote on it. and we have overwhelming support

from the democratic senates. i said if our log cabin people can get two republicans then this thing goes away in the best possible way because certainly the president will sign it and the house will pass it. >> barney franken, thank you as always. this is how thrown the u.s. chamber of commerce and karl rove are of the expo say of the untraceable foreign money they have siphoned into the republican campaign ads. asked point blanlt yes or no, rover can't even straight out lie. a quick update from that chilean mine next.

♪ ♪ one, two, three, four ♪ you say ♪ flip it over and replay ♪ we'll make everything okay ♪ walk together the right way ♪ do, do, do, do

karl rove's desperate scramble as the walls close in on him. his remarkable answer to a yes or no answer coming up in a moment. first this might be a night of significant rescue of miners trapped deep in the earth for 69 days.

t for quick updates kerry sanders at the mine site. kerry, do we have a time line yet for tonight? >> reporter: we believe we may have the first rescue take place at 9:45 eastern time. the engineers are running their last tests. they have the escape capsule that they brought down and up once yesterday, tla brown it down and brought it up and now they've had a little bit of delay. they've run some communication fiberoptics down the shaft that goes down 2040 feet to where the men are and they're doing final adjustments not only to that fiberoptic cable but also up close and tight within that capsule we can see them twisting some of the wires together. the plan is to get that capsule down and up once with nobody in it. it won't go completely to the men. then they'll send down a rescue engineer and whelp it goes down to the rescue engineer, the first man will exit. he's 31-year-old florencio

avalos. he's a veteran miner and they hope his cool calm ways will help. then the first will be on his way up. >> kerry sanders at cope a powe in chile. >> asking for yes or no he gives 100 legalese. how it suddenly seems to be part of the campaign in delaware.

the midterm 2010 secret money machine keeps getting the attention it deserves in part because o two of its principleenablers are doing such a bad job of reporting it. karl rove can't give a straight answer. ed gillespie is pretending secret donors crave anonymity. senator claire mccaskill, response or of the angst and nonbully if you ever met one joins me in a moment. a fund-raiser at scranton, pennsylvania. >> i challenge karl rove to tell me that this money isn't coming from billionaires, millionaires, insurance company, oil companies, major expectatives who have about as much in common and concern with people in northeast pennsylvania as i

don't know what. >> recover ignored the vice president's challenge, having ignited it of okay. far more telling. rover's answer about foreign money. >> can you guarantee that none of the money -- none of the funding going to groups you support that you've raising money for comes from foreign entities. >> we do not solicit foreign entities and we tell people we will not accept foreign money and it's illegal since 1907. we have it on our materials that no foreign money can or will be received. let me just tell you, all the area codes i'm dealing are inside the united states. >> yes, we can make that guarantee. might have been a better answer. wonder why he didn't offer it. meanwhile former rnc chair ed gillespie says he finds it ironic, that, quote, powerful democratic office holders lament that many who support these groups wish to remain anonymous.

he includes himself as one of the victims of democratic bullying. of course, this is the same ed gue gillespie who was an adviser for george w. bush attacked a reporter because of the way he interviewed nor how they covered the iraq war. "the new york times" quoting a shopping mall magnet and former ambassador to italy under president bush saying i think moment people are very comfortable giving anonymousmyly. they want to be e able to be helpful but not boo seen as taking sides. the public owner list was a way to energize others to girj large amounts anonymously. it has worked like a charm. senator claire mccaskill of missouri. senator, good evening. >> good evening, keith. >> we've been talk about anom

muss donations for some time here. the white house has decided to focus on it recently. how large, how monstrous has this become? snow it's a mon store and born of hall of fame hypocrisy on two fronts, the supreme court in a classic activist move went beyond precedent and created rights for corporations that are unprecedented in our country. and then secondly the hip okay kracy where they say let's take limits off but let's have full disclosure. somebody is trying to buy our government this cycle and they don't want you to know who it is. that is not a good thing for democracy. it's not politicians they're afraid of. it's the people to this country that make up their mind where they're going to shop and make up their mind where they're going to spend their money. they don't want to show who is supporting them. that is a bad thing for our democracy as we know it. >> the foreign money part is

obviously toxic and even mr. roevs answer acknowledges that, even if it didn't acknowledge whether or not he was going to say yes or know to mr. ste stephanopoul stephanopoulos's question. the anonymity, i gather you agree this is as dangerous as the foreign part of it, isn't it? >> i think this is the point. if you are for someone, you ought to be willing to say i out lout. and if if you very afraid of saying it out loud, then that's a problem. people need to think about that. the independent voters throughout really need to look at all a these add ads, and they're out there spending multip multiples of what we're spending in our campaigns. all anonymously. the independent voters out there need to really think about that and say why are they doing this? they're trying to buy your government and we don't know where it's coming from and they won't tell us. i honestly think if there's any ad that says it's paid for by crossroads or apple pie or

motherhood, if they can't produce a list of donors and what they've given, you shouldn't believe word they say. >> would a law like the one you envision force that group to expose its donors? it would force everyone including its unions. it's not a law drafted to face one side or the other. this is a law to favor good government, to favre transparency, to have a roadmap to let people know who's influencing them. that's all it does. it does not single out, you know, republican corporations versus democratic labor unions. it applies to everyone. and that's why it's important we get it done. obviously we were blocked in getting it done this cycle. i hope the people of this country rise up and say we want to know who's trying to buy our electi elections. i think the people of this country have that right. >> you mentioned hall of fame hypocrisy. the quote about big democrats acting as a adviser to mr. bush

and the rnc as he was came after a news organization. just politically speaking shouldn't he be the last person raising this charge against democrats? >> well, i think, you know, if you look at the tag team of gillespie and rover acushion anybody of being a bully, you e know, hello, pot, meet kettle. this is really almost humorous. it's hypocritical and it's humor russ telling these corporations you can give secretly and your customers will never know it, the customers that may believe that transparency is the best way forward in this country. >> senator claire mccaskill co-sponsor of the disclose act and of course senator of missouri. thanks, senator. >> thank you. >> there are a lot oflet "f" words on it. in fact, it's 50% "f" words. you can start your popcorn now.

carl paladino gives the attorney general two fs and we're not talking school grades here. an unanswerable question from michelle meadows, whoo sit okay for tea partiers to dreft dress up like nazis but muslims in new york can't? duh. watch my eyeball. >> in india, wow, that's fun to

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. danger and terrorism trials. far right fear mongering works best when it misses its mark. since the orgasm of apock lip tick visions, four separate terror cases have made their way to federal court hourses in this city. there have already been two convictions and the trial has not reduced lunch crowds at area restaurants. the third story the would-be governor of new york has now added his foul mouth to the his tear ya chorus. guess, what he was wrong. the political website. he explained how he would handle due process and the justice department all in one shot. if you were chief executive of new york, what would you, what

would your response be if the attorney general of the united states decided to hold terrorist trials in manhattan? [ laughter ] i'm going a repope guantanamo. these are prisoners of war you're not going to spend 250 pll doors to a show, a theatric call profession, on the backs of the taxpayers. >> well, mr. paladino's made-up dooms day scenario has been going on full force. the failed times square bomber sensed to prison. another attempted to kill americans in aftering a. 86 years. four men charged with conspiring. still on trial as is alleged embassy bomber. when he was first transferred to the u.s. from gitmo, minority leader john boehner called it

the first step in the democrat's plan to support terrorism in america. mayor giuliani. of the 437 cases of terrorism since 9/11, 2 # 57 of those were resolveded in court, 218 of those ended in convictions or guilty police. meanwhile the military one has resulted in 4 convictions. as to the theatrics, reporting from "the new york times," those brave enough to walk around the courthouse last week -- many have no idea anything out of the ordinary was going on because nothing out testify ordinary was going on. time now to call in the washington editor of "mother jones magazine" david korn. we'll get to mr. pal oh dino and his abundant wisdom in a moment, but as to the terror trials, what has gone on in no, over the

last couple of weeks finally put an end to whatever claimability they had. they promised disaster, they got crickets. what's the next scare tactics? >> the demagoguer never has to very in rational or thoughts or facts behind it. you know, we have super secure prisons in the country which contain people who have been convicted of terrorism in those cases you mentioned and others and no one has ever broken out of them. we've been able to try these cases rather well and as you pointed, this is a major case. this is a fellow who has been accused of killing hundreds in the embassy buildings. it's going on without nary a peep in lower manhattaning and we haven't had to shut down new york city to make this trial work. so the system can work if people c

don't shut it down. >> first the substance there. the declaration of the town hall, he'll reopen guantanamo where it to be closed. this to me seems to reflect a certain lack of knowledge of who's in charge of, say, you know, the government of the united states or even parts of the government of the united states or military of the united states. that would embarrass a sixth grader in social studies class, does it not? >> i don't think the governor of new york state gets a say in gitmo, last time i checked. was just pure theatrics and chest thumping, but that rated three on a scale of one to ten. >> but the tone, "f" him, "f" him about the attorney general of the united states. am i missing the vote here? should i be voting for paladino just for the coverage of the live news conference? >> he's food for business, our by. he kind of went "f"ing crazy on

this. he's probably trying for a reality show which would be called "mad men" more than anything else. he would be better off in the mcmahon wresting arena. this is the problem. when you -- you talked about it earlier in the segment. if there's a real policy issue to be discussed in the trials, it's a serious matter. let's be adults and have a serious matter. let talk about it without using the "f" bomb. what do you do with the people who don't believe can be brought to trial in civilian court. mine this is naughty stuff. and there's some people on both sides of the issues who spend time actually thinking about it. carl paladino doesn't seem to be in either of those camps and yet he's asking the voter os nof torque entrust him with powers which he will have to use in what he might consider judgment

which he doesn't seem to display too often. >> judgment is one thing. he can't have his own gitmo, i'm sorry. i know it may be something from his past that he might have enjoyed or some guy in ohio running a tea party might want to do it. the other thing, of course, with paladino that's still lingering from the weekend, the disparaging comments about gays and not being valid as a form of -- really as a form of human existence. he now -- in sort of semiapology he's in support of civil agreements, equal rights for all citizens but civil unions are not equal rights. is the apology such as the word worse than the original? >> utah's coit's compounding th. he talked about people being --

children being brain washed to thing of homosexuality as okay. i don't see how you go from that to say i have nothing, i'm in favor of civil unions. actually no you're not. you may say that now but you don't say those type of things if you don't believe them. i mean that's the whole point. it's not a gaffe. he actually felt comfortable saying what he said. >> that's the story. when you get that extreme. >> and going one layer below, he thinks he's being toll rant and that maybe is the ultimate thing with all of this that's at issue. >> i'm sure there are plenty of gay people he's sent friendly racist e-mails to over the years so he considers them his pals. >> the beast alt e-mail. thank you for your time, david. >> thanks. >> if you think this is weird wait till you see christine

o'donnell's new commercial and it's invoking the i u kid. >> when rachel joins you at the top of the hour, a looket who gnut finn grilled cheese is inviting and charging to join him on election night.

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the easy way to get unpublished discounts of up to 55% off top hotels. harpist not included. unbelievable she's been reintroduced. she gets the animated news treatment and produces a new commercial that makes ain't that a witch seem tame ahead on "countdown." staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic.

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why did the animated newspaper people bother to satterize christine o'donnell when she did it herself. first get out your pitch forks. turns out the book thrown at the president sunday was not thrown as anger but a narrow form of marketing. he thought the best way to get president obama to read his book was to wing him in the head with it. he will not be charged. pitch forks will be in stores in two weeks. i won't throw it but there is a chance they will be flying off the shelves. federal unemployment checks are unconstitutional and his own wife got laid off after being laid off at a temp job he had gotten her.

you can ask me about background or issues. i'm not going to answer. i e e-mail not. he was guilty of, "journal is tick propriety, which means they deviated from his shift. but rand paul is getting a little powty the that some people are opposed the his election. jack conway, president clinton. paul's response ripped from today's headlines if today is october 12. 1998. i'm not sure i would trust a guy gooi who had sexual relations with an intern, i mean i think that's disgusting. it gets to the point where you. i think that's disgusting. you get to a point where you diswon't what he says. here's mr. paul who rather than getting board certified as an on thal mall gist created his own board and certified itself. he said the civil rights acts of

1960s shouldn't apply. do you think he's an honorerable person? i think that's disgusting. it gets to a point we discount what he says. today's worst person in the world. this is an msnbc special. white house and in crisis. here is keith oilerman. 

getting web junk passed around the many internets has never been a problem for christine o'donnell.

dabbling in witchcraft, mice with human brains, christine o'donnell says it and whether she likes it or not it goes viral. now in our number one story, ms. o'donnell is trying to corral web traf welcome her own video intentionally. she has a new trailer style ad that talks abt an alabama sexual predator. it will make much more sense to you. chris coons polling in the race for the delaware seat. koons is up by 19%. 3% are voting for her anyway. new fox poll putting her behind by 16. fox asking delaware voters what if mike castle had been the republican candidate. he flips the mumberes. he would leave koons 50 to 33. so to cheer old karl up, here's

a cartoon. last month apple daily debuted its first o'donnell animation. remember the young farm boy hurting a chicken in his lap. the hairy palms, the blindless, it's for your own good, kid. today folks are out with their latest effort. a couple of viewing tips first. recall that o'donnell says she has classified information about china planning to take over america. the panda has become a symbol for china and she has claimed that she would never lie, not've to the nazis about anne frank. [ speaking chinese ]

[ speaking chinese ] [ speaking chinese ] >> yep, she just turned the

black lady into a white lady. magical. herself now viral, fighting fire with fire. friending releasing a new attack ad. this was a fake movie trailer trying to scare the hell out of the people about her oh opponent. >> one man who can become an executive on the brink of bankruptcy. hide your will, hide your lights because he's taxing everything out here. chris coons is the tax man. >> that messaging again, hide your will, hide your lights because he's taxing everything out here. anybody seen anything like that on the web before? >>. well, obviously we have a rapist in lincoln park.

♪ >> that was antoine dodson, his own family member was vick timized. 31 million on youtube and now christine o'donnell is riding his coat tails. we couldn't help ourselves. here it is. ♪ ♪ >> i'm not a witch. >> that's october 12. 2,071 ffrt day. 176th day of the deep water horizon disaster i