richard bernstein: correct. justice: we announced what the federal law is, and the state said they would follow it, but i guess it might or might not be free to change its mind about doing that. richard bernstein: i think the difference in what makes this case special is the court has held murdoch versus city of memphis, almost 150 years ago, 87 from 326 10 327, the 1267 jurisdiction's question by question. it is not like 1331 case by case, it is question by question. i do not believe the court has jurisdiction to skip over the question of whether federal law applies and then answer the hypothetical, is federal law applies, what would it be? i think the question of whether federal law applies -- justice: let's think of the first exception. suppose that many states had sedition laws that makes certain conduct unlawful to the 1000 people in prison. this court in the new role holds you cannot criminalize that behavior. what is the law that would make that retroactive to people in prison? it sounds to me that it is

bernstein. if you assume -- justice: that is not what is happening, mr. bernstein. if you assume the justice's hypothesis of keeping someone in prison who has not been criminalize, the state has set up the collateral review mechanism. you are not asking to set up a new mechanism. it does have the collateral review mechanism. the only question is whether it will comply with federal constitution law in that collateral review mechanism. richard bernstein: the other question is whether that issue of retroactivity is itself a , ifral constitutional issue it is, obviously, there is jurisdiction. if not, i would select there is not jurisdiction, and that the proper remedy is federal habeas, if i may reserve the remainder of my time. justice: thank you. >> mr. chief justice and the miller versus alabama establish a new substitute role prohibiting mandatory life without parole for juveniles which should be applied after actively. this court has jurisdiction to hear the claimant because the louisiana supreme court relied exquisitely on jurisprudence. in miller, this court hel

have a good morning. >> thank you, sir. >>> howard bernstein back with us now.a credibility check, 24 days in a row on point with the 3-degree guarantee. >> like 44 out of 45. >> who's counting. >> today's 3-degree temperature 74. we'll tell you right now. that is above average. we should be in the mid-60s but we're going to have a warmer day before we cool down tomorrow. doppler, first alert doppler showing you the big rains from last night which have pushed into new england. a think a lot of showers will break up in the mountains ahead of a cold front that will be here later this afternoon bringing us cooler air tonight and for friday, saturday and sunday. fog, that's the bigger problem this morning, especially north and west of town, visibility at dulles and gaithersburg a quarter mile. half mile in frederick. leesburg, you're down to three- quarters after mile. you may need a little bit of extra time. in washington low clouds but no real business ville by issue -- visibility issues. we should have a good deal of sunshine once the fog burns off. won't get too

you have a great morning. >>> howard bernstein back with us now.t during the last forecast. >> you can't miss it. >> mars is kind of dim just to the lower left of that. it will be out for a couple more mornings and tomorrow i'll try to post what it will look like if you follow me on twitter or facebook. the sunrise is turning out to be spectacular. lots of great color on the horizon now. still about half-hour till the sunrise but, boy, that's going to tell what you sort of day we're in for weather wise. we hit the weather jackpot for october. the average high is in the upper 60s, now mid- to upper 60s. we'll be mid- to upper 70s. here's the sunrise at 7:24 setting at 6:20. by lunch time in the 70-degree range. by 3:00 75. when the kids are coming home from school, boy, tell them to stay outside and play. it will be one of those days. 40s and 50s. a few spots in the upper 30s. culpeper a cold spot at 38. 53 in easton is also the warm spot. 56 in reedville. not much weather. we're looking at this cold front coming tonight and there's very little mois

let's show you whats happening. >> the threat from howard bernstein. >> just a fact.'m not just giving it away for nothing right? we've got a beautiful start on this friday morning temperatures are climbing into the 50s, mid 50s for lunch time about 60 for the high little bit of a breeze northwest 10-15 could gust over 20 for the first half of the day. right now, it's really dried out from yesterday with dew points in the 30s humidity 59%, we've got a temperature of 50 on the nose in town but lot cooler north and west. do to 43 see that in gaithersburg 43 in front royal as well, 49 in waldorf, and the mountains, yes 30s still a ways away before the local ski areas open up but give it another six weeks and we'll be going down the slopes out toward the west see rain in west texas, new mexico, mexico coming into the plains. this is our next weather maker giving us a chance of rain as we head into late sunday and monday. so in the short-term with high pressure which will be building in we'll clear it out and we've cleared out nicely this morning and good sunny day around

howard bernstein has a look ahead at the overnight hours as the storm moves over land fall, and makes its way toward texas. >> yeah, the flooding problem the texas will be big. 10 or 15 inches of rain. the worst of the storm peaked at 200 sustained, gusting to 245, equivalent to an ef5 tornado, but the hurricane force winds only extended 35 miles from the center, so tight and exact storm. it's now east southeast, this thing deep and incredible fast overnight and early this morning, and now it's over land it's going to weaken quickly as well gusts to 160 tracking the pressure from 879 millibars, but it's weakening quickly. not just the winds right now, close to the center of the storm, but the massive flooding and land slides that can happen, and we have a shower chance coming for us over the weekend. tell you about that with my forecast in a few minutes. >> thank you. watch wusa news in the morning for the damage from the hurricane, and its impact expected to impact our weather in the days ahead, and for updates 24/7 download the wusa 9 app, get breaking news, live comp, and important

carl bernstein is standing by to talk about tuesday's debate. let's start with the next debate. the gop matchup coming to cnbc later this month. did the network and the republican party get strong armed by two of its leading k d candidates. it says neither mr. trump or dr. carson will participate in the debate if it's longer than 120 minutes and does not include opening and closing statements. in other words, nice little debate you have here. be a shame if something happened to it. i'll talk about how this all went down. the communications director and chief strategist for the republican national economy. good to see you this morning. let's get into the debate. there's a debate playing out on sunday morning tv. amazingly it's over the topic of 9/11. here is what we heard this morning from jeb bush and donald trump on the sunday morning shows. >> does anybody blame my brother for the attacks on 9/11? if they do they are totally marginalizing our society. >> i'm not blaming him but i don't want jeb bush to say my brother kept us safe. >> 14 years after that terrible day, did you e

howard bernstein talk to me. >> three degree guarantee. you know sweating it a little bit this morning, the clouds came in a little bit earlier. >> i wasn't sweating anything. >> three degree guarantee forecast, we had a forecast temperature of 64 degrees. >> okay right. so? >> we absolutely made it to 62. so that is right in there. 41 of the last 42 our streak is still pretty much in intact. right now 59-degrees with the clouds and dew point is 51 and humidity is up and we're going to be milder tonight with the lows i think most of us stay low to mid-50s. right now we're 59 but look across the board. mid- to upper 50s. even 61 in harrisonburg and even in the mountains we're in the low 50s. a very warm air mass the in place and that's why tonight not that chilly. in fact that shower threat will be tonight into the overnight into early sunday morning. so we may see a shower or two around early for the marine corps marathon or the ten miler, my wife is running in that tomorrow. she's been bugging me to keep it dry. we'll do our best. now for

we begin with first alert meteorologist howard bernstein.'s forecast also includes a nor'easter on our door. >> that's right. looks like the wind and rain will pick up tonight and tomorrow. i think tomorrow will be a real miserable day. today compared to yesterday you might not like t. we're a lot -- like it. we're a lot cooler, mostly 50s. light showers drifting to the north, northeast. spotty drizzle that's not being picked up on first alert doppler because it's too light. east of fredricksburg, colonial beach, dahlgren, southern prince george's, the area of light rain expanding, especially there, east of 301 and northern s.a.t. -- st. mary's county. you'll need jackets and rain gear. 60 on the bay and annapolis. only the low 60s this afternoon. not going to rain all day but the threat for on and off showers will be with us all day. larry miller, i'm hoping we get a lot better news than yesterday which was not nice at all. >>> compared to yesterday we're doing a lot better but we certainly have our issues this morning. we do have one accid

we begin with first alert meteorologist howard bernstein. some showers have popped up. >> a few showers are going to come through now. a much better chance of stronger showers and storms later this afternoon and evening. that's why today is a yellow alert day. lots of activity in new york and pennsylvania. a little bit of lightning northern pennsylvania. we've seen some showers in west virginia move in toward garrett county. in the last 40 to 60 minutes, look at this. in fairfax county we've seen some showers leave chantilly, south of reston. it guy came from fairfax now, south of darnestown toward potomac headed toward rockville. we'll have wet roads on 270. in upper montgomery this has moved north of 70 headed toward ellicott city and baltimore. for today warm day, mid- to upper 70s by lunch time. upper 70s, low 80s. again a better chance of showers and storms this afternoon and evening. larry miller, tough times on the roads this morning. >>> unfortunately. it looks like we're off to a rough start this morning. out in prince george's coun

out by bernstein's tony -- is he the number one ranked i.t.alyst for 14 years running with a rather sobering view of what apple's growth prospects are going forward. relative to where they were. saying the company's best days, in fact, are behind him. moving the stock perhaps on those comments now into negative territory ahead of those highly anticipated earnings after the closing bell. speaking of earnings, alibaba beat expectations and mobile revenue is more than double. what's your trade now on this name? >> search for baba. >> i'm on the name, and initially i look like a clown, but that's what happens sometimes when you buy a stock that's been cut in half. it ask still go down further. now i'm in the green, and i'm still in the name. if i were just judging by what they said in their report, i would be very happy. this is a company that 183% growth in mobile revenues up 32% overall. the gross merchandise value, which is the key stat that analysts would cover the company watch because it's a platform for sales were up 30% also. there really

bernstein says 6.7%. another model shows it shrunk 1.3%. vast country with so many moving parts, even beijing is unlikely to know exactly how fast its smi is growing. virtually every economist will tell you it is growing and still at a pace that is the envy of most developed countries. >> so it goes to show that there are many, many different ways of looking at this. the one thing that economists have told me in the 20 years we've been looking at the china economy from hong kong is that the trend is your friend. if you take a look at the gdp numbers in a photograph, it will show clearly a line which is heading down. and that is what economists say yes, the economy is weakening. the big thing to look out for is when china presses the panic butten, if you like. that's the one you need to look for. that's when they start throwing the kitchen sink at the economy. we haven't seen it. there have been other measures taken but not the big one that we saw in europe to try to strengthen it economy. wait and see. when that happens, we know there are r

bernstein. >> the issue is whether to decide miller's retroactivity. in today's case there is no jurisdiction because the point is enforce the supremacy clause which states that when, quote, the laws of the united states, unquote, apply, quote, the judges -- these are the key words -- in every state shall be bound thereby. there is no such thing as supreme federal law that depends on whether a particular state voluntarily makes federal precedence binding. when a state does that, when a state voluntarily adopts non-binding federal precedence, that creates no right under federal law which is what 1257 requires and michigan versus long does not apply. >> how would you describe the adequate and independent state ground on which this decision rested? >> i would say that the lack of a binding federal law question is an antecedent requirement, to borrow the terminology of the sg's brief, before you get to the adequate and independent state ground analysis. >> why don't we have jurisdiction to answer th

i want to go back to the panel, carl bernstein, david gergen and jeff toobin and gloria. i want to play an exchange and have you talk about this as well. >> can you answer to dday, what were the search terms? >> the search terms were everything that you can imagine that might be related to anything, but they went through every single e-mail. >> but that is not answering the question. what were the search terms, mean means terms, and what terms did you use and what the were the date parameters and the end date and the e-mails in between that we are going to be looking at? >> well, congressman, i asked my attorneys to oversee the process, and i did not look over their shoulder and i did not dictate how they were going to do it, and i did not ask how they were doing it. >> so you tont know? is you don't know which terms they used to determine which were your e-mails and which were the state departments and they would get? >> the state department had 95% of those work-related on the system. >> and the chairman trey gowdy is speaking, and let's listen in. >> i don't draw concl

bernstein, you have three minutes remaining. >> what this fantastic discussion has shown is why the court, as it always has in the past, should keep the teague exception as a matter of equitable discretion rather than constitutional requirement. the court has much more freedom, generally speaking, on a matter of equitable discretion than it does on constitutional requirements. there's no way to look at the prior precedents of the court in teague and any of those courts to say oh, here's what our equitable discretion is. the only time you get retroactivity is when the constitution requires it. that would have been a really short opinion. and that was not that. now, to turn quickly to the cases that have been cited, the critical difference between this case on the one hand and merrill dow and three affiliated tribes on the other hand is that jurisdiction under this statute is question by question under murdoch. in merrill dow, the question of whether the defendant's conduct had violated the federal drug labeling laws was a federal question. the court never would have gone on to say and we'r

bernstein. >> i think it was a bad, bad night for jeb bush. it was a bad night for trump and for carson. they didn't deliver the way they were expected to. more than anything, msnbc -- i'm sorry, cnbc was really reprehensible, but we got a real look at the republican party for the first time. and their anti-government message is really picking up steam. and the democrats got to pay attention to it. they're right about the mainstream media. we in the mean stream media need to read the right wing press more. i look at it. it's a very different universe than we talk about. and there's a lot of people out there that adhere to it. >> we know ben carson is leading in iowa right now, but did he prove a grasp on the complexities of issues like the economy? >> absolutely not. he had a prime time opportunity when he was asked about his economic flan and he was very vague on the specifics saying well, it might be 10% or 15%, somewhere in there. it was a really bad exchange for cnbc as well. becky quick said i've done the math on it, it doesn't work. she

we begin with first alert meteorologist howard bernstein. the cooldown is on its way. >> today and tomorrow won't be too bad but saturday will be chilly. temperatures 40s and 50s. in the rural areas like lovettsville and nokesville, down to the low 40s at 42. on the bay a different story. annapolis 53. north beach 54. lots of 40s, a chilly morning. a quiet day. here's our futurecast. we'll take you to lunch time, sunny. not too much after wind, low to mid-60s. we'll top out well in the 60s to possibly a couple of spots near 07. talking more about the cooldown in a few minutes. right now larry is talking timesaver traffic. larry? >>> we still have work going on at rockville pike. one southbound lane open, two northbound lanes open at rockville pike at cedar lane this morning. we are working to get that out. last check we still saw the work continuing. meantime no issues out in prince george's county. 50, the bw parkway and 95 free and clear of any issues this morning, especially inand outer loop of the beltway and areas like prince george's c

carlos kershner from bernstein.e appreciate it. >> we have a news alert on swret.com, and we'll go back to hq and court any reagan. >> just 11 weeks into operation, and jet.com is already rolling back its $50 annual membership fee. in a blog post by founder mark laurie, he says the response so far has actually been better than he expected, saying the average number of units per order is twice what they had expected. they're rolling back, cutting out that $50 membership fee that had been free for the first several months, so if you were one of those customers to sign up for jet in the beginning, you would begin to start paying soon. now you will no longer have to pay a fee. very interesting, though, because that was one of the key paths to profitability for the company when founder mark laurie discussed how they would become profitable right here on cnbc. kayla. >> yeah. interesting. seems pretty bizarre to think about its business model in light of that rolling away that fee. we'll see how that plays out. courtney r

yes, but you don't have to lose to kyle bernstein's bar mitzvah party. i think we have to acknowledge those were some fairly savage pre-adolescent jews.

. >>> meteorologist howard bernstein is tracking joaquin, a moving target. >> hurricane joaquin is going to stay east enough it maybe not give us too many problems but before joaquin we have a nor'easter developing. flood watching have been posted for just about everything except north of i-70 towards hagerstown. 2 to 4 inches or more of additional rain will be possible. some areas had 5 inches the other night. here's a look at first alert doppler. we've had some light showers here but look what's going on. this rain has really picked up here. in prince george's county along the beltway here, central avenue up towards route 50 and parts of ann arundel county you've been see seeing this rain this morning. the red is 3 plus close to 4 and then 4 or more potentially. these are some of the areas that had the 4 and 5 inch rain totals. that's why the flood watch is out. as far as today it's going to be kind of dreary, upper 50s and 60s much of the day. i'll be back in a few minutes. joaquin, got the very latest on that for you. >> thank you howard. >>> virginia governor mccolluh declare ed d a

get to those numbers, 12 billion in debt, $25 billion enterprise value, that is an estimate from bernstein. emc is a $55 billion company. how does a $23 billion company by a 55 and dollar company? by borrowing loads of money. what does this mean for the future of dell? what can we glean from michael dell's vision if he is pursuing this deal? cory: he is looking at that storage business at the heart of emc. he is expecting to have an additional portfolio products to sell, mainly because the p.c. business is in the tank. number saying the p.c. business falling 7% year over year, one of the worst declines we have seen in that business. it suggests dell got the wrong stuff. joe tucci, a strong leader who has been looking to retire, postponing that for a while so they can figure out what to do with emc. that is propelling emc in this. emily: cory johnson, i know you will be continuing to watch the story. we will bring you developments as they happen. i want to talk about tesla, falling to its lowest price in six weeks after barclays downgraded the stock. tesla shares have declined every day thi

bernstein will inherit 60 for tomorrow. winds out of the north at 5. they've calmed down. a little drier, colder air mass. clouds will increase tomorrow, this'll be some sun to start. tomorrow starts out pretty nice. cool for halloween night, dry. mild or sunday, isolated showers. still not a bad day. and warmer next week. the 70s return. 70s tuesday, wednesday, thursday, friday. sometimes early november can be kind. 8:00 tomorrow morning, 44 downtown. 37 in manassas. 38 in fairfax. by noon, clouds roll in. upper 50s, primarily. the clouds will just keep the subushs under 60 degrees. still -- subushs under 60 degrees. still it stays dry. clouds creep in, 54 by 11:00, and 58 by 1:00. sunday, a shower possiblerbs under 60 degrees. still it stays dry. clouds creep in, 54 by 11:00, and 58 by 1:00. sunday, a shower possible. then the 70s roll in. we're talking mid-70s on tuesday, wednesday, thursday. upper 70s friday. maybe a shower late. all in all, that's pretty sweet! >> i think the trick-or- treaters won't be complaining! >> that's right. >> and some treats out there on the

by the way -- >> watergate was a criminal conspiracy, though, carl bernstein is saying. >> that's correctracy here? >> well, sir, we have an active fbi investigation still ongoing, trying to determine the scope of the risk to national security that was presented by what was potentially classified information not contained in a classified space. the fbi doesn't investigate things and spend resources without it being a very serious matter. >> so all eyes now tomorrow on capitol hill, on you, on the committee, on hillary clinton. what exactly -- if you had only one question for her, what's the one question you want answered? >> ma'am, i can't boil it down to one question. we've got a lot of information that we want to get. she was the senior diplomat for the united states when our first ambassador was killed since 1979. we have a lot of things that we need to learn. she has unique information, and i am optimistic that we'll get those facts tomorrow. >> so the committee does have a perception problem. and we've seen the chairman now trying to battle that perception problem over the last few d

get to those numbers, $12 billion in debt, $23 billion enterprise value, that is an estimate from bernsteinc is a $55 billion company. how does a $23 billion company buy a $55 billion company? by borrowing loads of money. that's michael dell's play here. emily: what does this mean for the future of dell? what can we glean from michael dell's vision, if he is indeed pursuing this deal? cory: he is looking at that storage business at the heart of emc. he is expecting to have an additional portfolio of products to sell, mainly because the p.c. business is in the tank. numbers today saying that the p.c. business falling 7% year over year, one of the worst declines we have seen in that business. it suggests dell got the wrong stuff. at then you've got joe tucci emc, a dynamic, strong leader who has been looking to retire, postponing that for a while so they can figure out what to do with emc. that is propelling emc in this. emily: cory johnson, i know you will be continuing to watch the story. we will bring you developments as they happen. i do want to talk about tesla, falling to its lowest pri

. >>> howard bernstein is here. you noticed he is doing something he hasn't done in a long time. squinting. >> it's bright out there. >> i need your sunglasses. >> happy birthday. >> thank you very much. >> weather-wise, we are wearing the weather well. except for the coastal flooding. beautiful this afternoon. i know william down in hunting town says not sunny there. still cloudy. you know, southern maryland dealing with clouds. be patient, be patient. the sun will work its way towards you. i think towards the end of the day and certainly if you don't get it today, you will have it more than likely tomorrow, wednesday, thursday, and parts of friday. mid-to-upper 60s this afternoon. north-northeasterly wins 10 miles an hour or less. tonight generally clear, cool, crisp. 58 by 10:00. tomorrow morning mid 40s to low 50s. right now 61 in washington. we have that 62 with more clouds in cambridge. in the mid-to-upper 50s in the shenandoah valley and western maryland and west virginia. a really fine looking temperature map and a fine looking day on our michael & son weather camera. off

resign when he really look at it by the republicans who were -- as barry goldwater once told carl bernstein and myself. too many lies, too many crimes. that's what it was. >> dickerson: he was in tight circle that knew these tapes existed. kissinger didn't know, right, that the recordings existed. and so he knew that it would nail the president. why did he give them up? >> there's a long section in the book about this odyssey that he took. his ex-wife wanted to tell, butter field denies that. subconsciously maybe i did. ultimately our business we try to figure out why people do things and this gets to the answer bit you see this is story about power. this is about nixon's power and butter field, who had that place, office right next to the oval office for three years was witness, front row seat and when i started talking to butter field realized he had thousands of documents, some originals that he had taken out of the white house, some of this stuff for somebody who spent years looking at nixon is shocking. >> dickerson: that's what's so amazing. you covered watergate, found someone taking

stephanie bernstein who lost her husband in the bombing welcomed the announcement.tephanie: we have always known that there were many other the persone from convicted who were involved. this was a massive security operation that could never, ever have taken place without many people involved. so that fact the scottish and the u.s. government had identified these two individuals that hope to question them is really wonderful news. : scottish officials have requested access to the two men. progress being made and there is potential for further investigations, and if there are further people who should be charged, that is what the prosecuting authority should be doing. lorna: the bbc believe the two identified suspects are of della -- and colonel qaddafi's spy are currently being held in jail in libya for other crimes. for 27ink it is tragic years later, we still do not seem to know who is responsible for murdering our families. and our bereavement is a life sentence. i think 27 years is more than enough time for the authorities to have found the real perpetrators. ver

they score like howard bernstein does a weathercast. very quick, very efficiently, and always accurately. baylor rolls today, 62-3. >> did he pay you? >> he did. how about this finish, michigan- michigan state. why am i showing you this? we're not in michigan or michigan state. ha-ha. spartans up 10, but then 10 seconds to go -- >> what's the wort that could happen? >> the punter, blake o'neil, just has to kick it. he drops it. it michigan state picks it up and goes 38 yards. sparty wins on the last play of the game. >> look at that guy's face. >> that face says it all. >>> even if you're not a huge hockey fan you know who alex ovechkin, a huge start. but people who follow hockey will tell you nikki backstrom is the guy that makes things go. >> the setup man. >> tonight, his debut. and oh nikki, he's so fine, he blows my mind, hey nikki. all caps tonight. john carlson from the point. he's leading the team in scoring. look at john carlson. whips it in there and scores. and what would a caps highlight be without alex ovechkin? how about c

bernstein you will inherit 67 tomorrow. a live look outside. 68 right now. dew point's falling a little bit. wind out of the northwest at 8. drier air is going to move in overnight. temps are going to hold in the 60s tomorrow. a nice day, a perfectly nice saturday, no doubt about that. cold saturday night. grab a coat if you're out late. i think some folks may diinto the upper 30s on saturday night. beautiful sunday, a little milder, just about average in terms of temps. you may see upper 70s return as early as monday. temperatures in the 50s and just a few clouds lingering into southern maryland. that's about it. the rest of us partly cloudy skies, 51 in gaithersburg, 54 in fairfax. by 11:00, temperatures are still mainly in the 50s. if you have soccer games tomorrow, kids, and you're watching the kid, it's going to be kind of cold for the parents. keep that in mind, a little bit of a breeze. by afternoon we crawl back into the low to mid-60s, maybe 65. downtown at 3:00, and 63 in leesburg and 65 also in bowie and then by 6:30 we're back in the 50s across t

beth bernstein, thanks very much. good luck to you. >> thank you, wolf. >> the flooding is likely to continue long after the rain stops. let's go to our meteorologist tom sater at the cnn weather center. what's the forecast, tom? >> it's light rain right now, wolf, which just plays more to the psyche and of course the nerves. but i want to show you the only flash flood warning now in effect is for this dam breach. it's just to the east of the capital of columbia. as we go in a little bit closer, you get an idea those who live here know what we're talking about. here's the flash flood warning. this means there is flooding that is occurring because of this breach. we're not sure what that breach exactly means. is it an overspill? is there a fracture in this dike or dam? we believe it's more of a dike. now, you're going to see here in the middle of the screen there are some rivers here. we're going to get in a little bit close -- lakes that is. rocky ford lake makes its way in towards forest lake. you can see the communi

also joining us david gergen former presidential adviser for ford, reagan, clinton, carl bernstein and nia-malika henderson, cnn politics correspondent and gloria borger cnn chief political analyst all here at table. david, we haven't heard from you so far tonight. who stood out? >> first of all, i think the debate may have given some heart to the republicans. after the benghazi hearings carl and i were on the air. she sees a clear path to the nomination, she has to be the front-runner for the white house. this showed that they have arguments in another area, in the economy, that if they push and weren't well developed arguments tonight, i think gave the republicans some sense we're still in this race in terms of who stood out. marco rubio. >> and it's interesting because he actually hit hillary clinton on her benghazi testimony saying as far as he was concerned it pointed her out to be a liar. >> and that's right, and he -- he's the smoothest out there. we've now seen, had seven hours of debates and we've seen this is not jeb bush's medium, i agree with ana. by far and await most qual

let's go to meteorologist howard bernstein. it's getting a little better, but drizzle and showers possible, more in the morning than the afternoon. look at this moisture. heavy, heavy rain still falling there. a real disaster in the making. for us this flow of this shower is moving off to the west- northwest, coming into southern maryland, fredericksburg, culpeper, fauquier county. you see this very is light activity across calvert county, mechanicsville, moving into charles county. there's also some patchy drizzle. one of the reasons, this persistent northeasterly wind. along the coast, gusting over 40. waves offshore over 15 feet. they've been getting pounded for a couple of days. because of all that persistent wind out of the northeast, we've got coastal flood warnings st. mary's, the eastern shore. waves have been three to six feet in the open bay causing tides to run two 1/2 feet above normal. western shore of the bay, calvert, anne arundel, also around town tides running one 1/2 to two 1/2 feet above normal so that means

ronnie gal at bernstein tells me he'd hold off on buying the stock for a few months as the attorney general'snvestigations play out. he said right now it's not clear that any of these practices are actually illegal, perhaps just distasteful. but any consequences will of course depend on what the investigators find. valeant says it's reviewing the subpoenas and intends to cooperate with the investigations. it also says it's contacting hospitals where "the impact of a price change was significantly greater than the average." ceo mike pearson in a statement said he believes the companies operated in a fully compliant manner and that it's committed to assisting eligible patients who need valeant's products. as for price increases, analysts say they may be smaller across the industry for at least the next year as these issues continue to dominate the national conversation. for "nightly business report" i'm meg tirrell. >>> meantime, the fbi and the department of justice are reportedly investigating the daily fantasy sports industry. as first reported by the "wall street journal," investigators wan

let's go outside to first alert meteorologist howard bernstein. it's chilly out there? >> it sure is i wish i had a coat. been out here for a few minutes and tonight is going to be the coldest night of the season so far. a few clouds well to the south but with clear skies, dry air, light winds and temperatures are dropping. and they're dropping quickly. already down in the mid 40s in spots like damascus at 44 and dulles is 45 and even waldorf at 45 and bowie 44. some spots in the upper 30s by tomorrow morning. closer the 50 by the bay. so tomorrow, we start in the 40s and 50s. by midday, we're in the mid- to upper 60s and we're going to top out upper 60s to low 70s which is a few degrees warmer than today. so really looks like a beautiful saturday. we will see some warmer temperatures for monday. so if you have that day off for the holiday, you win. and then it's going to get i think even cooler for the second half of the coming week and details on the seven day in a few minutes. debra? >>> the death toll nearing 100 after two suspected suicide bombers set off explosion

and though the move would be bound to draw political scrutiny, analysts at bernstein estimate it could take pfizer's tax rate down from about 25% to 18%. an overseas deal would also let pfizer tap into its cash held outside the u.s. about 2/3 of its $30 billion horde. and analysts say it would strengthen the so-called innovative products part of pfizer's business. for a potential split of the company in a couple years. not to mention blockbuster drugs in botox and alzheimer's treatment namenda. some wonder if it's an especially good time for dealmaking in the drug world with valuations depressed in the last few months. >> we've seen lots of negative sentiment on drug prices, on pricing for drugs and biotech products. that's created some pressure in the space, some lower valuations, and we think that that can help lead to some transactions. >> reporter: before the news today allergan's stock was down 15% in the last three months. but pfizer ceo ian reed on the company's quarterly earnings call this week said that just because valuations have come down, expectations haven't. that's why a

more about coke and whether it needs to do something big is ally debage, senior analyst at sanford bernsteinwelcome. thanks for being with us. >> thanks for having me. >> talk to me about the future of coke. you know, ty's piece just left off with, you know, big deals maybe need to be done. is that the case for coke or no? >> i think there's certain things they can do structurally. i think one of the big things they are doing and they have to do is get out of the distribution system, right? they have to get rid of their bottlers. that's something they're starting to do slowly. we would like them to do a little bit more. but you know, they are a branding company. they should stick to branding. that's one of the major things they should focus on. >> what can get the stock going? is it the kind of stock that an activist might target, like dupont or like a ge? >> look, there are many things the company can do, and an activist could push for. i always wish the companies would move faster than they do move. that's my nature. so, i think there is a possibility that an activist gets involved. a big

bernstein. i mean, if you assume the premise of justice breyer's question, which is that there is a constitutional violation in keeping somebody in prison for some conduct that can't be criminalized, the state has set up a collateral review mechanism. we're not asking it to set up a new mechanism that it hasn't had before. it has a collateral review mechanism. and the only question is whether it's going to comply with federal constitutional law in that collateral review mechanism. >> and the other question is whether that issue of retroactivity is itself a federal constitutional issue. if it is, obviously there is jurisdiction. if it is not, i would submit there is not jurisdiction and that the proper remedy is federal habeas. if i may reserve the remainder of my time. >> thank you, counsel. mr. plaisance. >> mr. chief justice and may it please the court. miller versus alabama established a new substantive rule prohibiting mandatory life without parole for juveniles which should be applied retro

. >> reporter: reporter bob woodward along with carl bernstein famously exposed the machinations of thete house, tried and failed to interview butterfield. he passed the name on to the committee. >> do you think the tapes had ever been revealed had it not been for butterfield? >> probably would not have. >> reporter: turned out butterfield was sitting on a lot more secrets. 20 boxes full of them. >> this is the year, 1971. and each of these is a month. >> reporter: two years ago he turned over to woodward. >> reporter: did you ever, in your wildest dreams, think that you would one day collaborating with bob woodward of all people? >> no, not at all. >> reporter: what did you think when you walked into his apartment and you see the 20 boxes? >> i thought -- wow. let's start looking. >> reporter: the result is the last of the president's men, published by simon and schuster, a division of cbs. in adiagnosis to the documents. woodward spent 40 hours interviewing butterfield who for three years occupied the office next to the president's. >> first one to see hem every day. last one to see h

. >> reporter: reporter bob woodward along with carl bernstein famously exposed the machinations of thehite house, tried and failed to interview butterfield. he passed the name on to the committee. >> do you think the tapes had ever been revealed had it not been for butterfield? >> probably would not have. >> reporter: turned out butterfield was sitting on a lot more secrets. 20 boxes full of them. >> this is the year, 1971. and each of these is a month. >> reporter: two years ago he turned over to woodward. >> reporter: did you ever, in your wildest dreams, think that you would one day collaborating with bob woodward of all people? >> no, not at all. >> reporter: what did you think when you walked into his apartment and you see the 20 boxes? >> i thought -- wow. let's start looking. >> reporter: the result is the last of the president's men, published by simon and schuster, a division of cbs. in adiagnosis to the documents. woodward spent 40 hours interviewing butterfield who for three years occupied the office next to the president's. >> first one to see hem every day. last one to see