going to be vetted out. >> understood. >> -- decision. >> can i make one other observation to bill brennan. bill, you know -- we're both lawyers in the philadelphia area. you know there's been a lot of head scratching by attorneys who say why the heck did cosby speak to openly in his civil deposition, especially when he had such a skilled attorney at his side. it all fits that cosby spoke so freely because he was testifying without any fear that he wouldn't get charged for that which he was about to say? >> absolutely. at the time the agreement was reached, bruce castor was the elected district attorney of montgomery county, pennsylvania. in that capacity, he had the absolute authority to bind the common wealth, not just during his administration, but through his successor administrations to this agreement, and the problem is, it's fundamentally unfair to renege on the agreement. mr. cosby gave up one of the most valuable rights we possess, the right to protect against self incrimination, based on the promise from mr. castor that he would not prous can you tell. now it becomes hot not ter

bill brennan, why do you think the judge decided this is all he wants to hear on february 2nd?st important issue in the three issues raised by mr. cosby's defense lawyers in the pretrial submission. if in fact, mr. castor made that deal and is willing and ready to testify in open court under oath that he made the deal and the deal was binding on his successors, this case to be over on date of that hearing. >> but areva martin, i'm holding the letter that was sent by castor two days after his e-mail and she says, hey, this is the first i'm hearing about it. how can a judge make a determination between competing district attorneys? >> i have to tell you, michael, with all due respect to the great lawyers of philadelphia and pennsylvania, i'm just shocked how messy this deal is. you have this alleged agreement that was alleged made by your former district attorney. and now you have the current district attorney and the then district attorney when the alleged deal was made both saying they knew knowledge about it. you have constand's lawyer saying she knew nothing about it. you kno

entire case, which the parties sought by contract was going to be kept confidential and secret. >> bill brennangree -- there would still be statute of limitations shoes that would be faced by any prosecutor who wanted to use this information against cosby. >> that's true, michael, but that's, you know, third-inning stuff. we're at the top of the first here. i agree, it depends on the type of confidentiality agreement entered into, but as an exhibit to the motion to quash filed by mr. cosby's lawyer here in the eastern district, part of the confidential settlement agreement from 2006 but filed and it's an all-inclusive -- all the is dotted, all the ts crossed type of agreement. the problem is because of the unsealing of the excerpts by judge robinho at the behest of the associated press, cammarata now is going to use that as a wedge to try to unseal the entire file. >> understand. >> and it could be devastating. devastating. >> big day tuesday in mousntgomy coun county, pennsylvania. thanks as always. >> thanks, mike. >> thank you. >>> up next, your best and worst tweets. check this one out. ♪ t

. >> bill brennan -- >> michael i agree -- >> there would be statute of limitations issues that would be faced by any today. send. let's get mark his own cell phone. nice. send. brad could use a new bike. send. [siri:] message. you decide. they're your kids. why are you guys texting grandma? it was him. it was him. keep your family connected. app-connect. on the newly redesigned passat. from volkswagen. test. ♪ every auto insurance policy has a number. but not every insurance company understands the life behind it. ♪ those who have served our nation have earned the very best service in return. ♪ usaa. we know what it means to serve. get an auto insurance quote and see why 92% of our members plan to stay for life. toto the nation's capitalut to support an important cause that can change the way you live for years to come. how can you help? by giving a little more, to yourself. i am running for my future. people sometimes forget to help themselves. the cause is retirement, and today thousands of people came to race for retirement and pledge to save an additional one percent of their inc

bill caster. also today father james brennan's retrial begins, brennan accused of abusing a 14-year-old boy.blicans in harrisburg were fighting each other over the state budget. that's right. each other. the republican state senate passed a responsible budget that "begins" to fund education but the republican house of representatives has insisted on a budget that fails to fund education and balloons the deficit. call your legislator, tell them to pass a budget that's right for pennsylvania. >>> it's 8:00 on "today." coming up, the princes get personal. will i am and harry speak candidly about the future, their family and fatherhood like never before. >> you get affected by some things that happen a lot more as a father, just because you realize how precious life is. >> yeah. >> it puts it all in perfective. >> and got a minute. we'll show you 60-second screenings you can do at home that can help you keep healthy all year long. >>> and your screen is about to sizzle as we talk with the one and only jennifer lopez. >> do you ever see yourself getting married again? >> maybe. i love getting mar

bill" for the state. the entire lending industry would be out of business with it. >> reporter: chuck brennan, a sioux fallsive, is the founder and c.e.o of dollar loan centers, a chain of more than 90 short term lending stores, with 11 locations in south dakota. >> we have a huge customer base. in south dakota we've had over 40,000 applicants for loans over the years. over 20% of the state is over 18 who is eligible for a loan, has applied for a loan here, not alone the competitors, which really shows there's a need for the product out there. >> reporter: further, brennan says a rate cap will actually harm the people it is intended to help. >> it isn't like when the industry goes out of business people are going to stop needing money. they're going to have to turn to online loans, illegal sources, and something that the state can't regulate. >> reporter: but hickey says in reality there are plenty of ways to help people who need money without charging them triple digit interest. >> as an employer with employees, i would give a payday advance. i know steve hildebrand does at his coffee shop. he will lend so

brennan's personal email was hacked. yesterday a spokesperson said clapper's office is aware of hacking and reported incident. lawyers for bill cosby want a judge to seal documents produced in defamation lawsuit against the star and today a judge will hear arguments on confidentiality agreement by cosby's lawyers. >>> he is being sued by 7 women that said he assaulted them. they have sought invasive details about his medical and sexual histly. >> good sam ar its are teaming up with police going door to door dhivring water filters and bottled water. they have been experiencing lead contamination from old plumbinging. forcing the city to switch their system to save money. cold temperatures a officials hope this get to 500 homes a day and the city since returned to detroit system for its watt sdmrer in california rescue crews are con tening to try to free a map stuck inside a pipe in oaklandch the map is stuck in a 10-foot deep hole leading to sewer pipe. the man was working on plumbing for a sewer line when the trepch he was working under collapsed. he is now -- has now been under ground for more than four hours. rescue grew cr

bills. for more on the move and its implications, i spoke a short time ago to sports writer christine brennan of "usa today." christine, it seems strange to have this conversation in 2016, but the first full-time n.f.l. coach position going to a woman. why is this so significant besides what i just said? >> yeah, well, i think that's it and, also, i think it's the beginning of what we're going to see, hari, as a big trend over the next 10, 15, 20 years. this is title 9 in all of its manifestations and it's not just about girls playing sports and women playing sports, but it's about that neighborhood girl who you watched play sports who grows up loving sports and goes to college as katherine smith did and work for the men's basketball team at st. john's as she did and wants to have a career in sports so she's working at the n.f.l. for the jets as an intern. she has over 10, 12 years experience and rex ryan hires her to be a coach and this is her career, her life, she loves sports that much. well, there are millions of girls and women like that in this country who are playing sports and loving

bills stadium.another two inches - are expected - before* tomorrow's - kickoff. here at home - a day of sun - shine - - but not much melting. an american woman has an exciting new title. title.wingsuit pilot ellen brennan is the world's fastest woman after winning titles around the world in the sport of "wingsuit base jumping."she does her jumps in a mountainous region of france, jumping off, inflating her suit, then flying down the mountain and landing with a parachute.those behind the suits say there's more than meets the eye. "wingsuit base jumping definitely looks dangerous but what you don't see when you look at wingsuit base jumping is all the training and preparation that went into it. people don't just arrive at the edge of a cliff and jump off wearing a suit, there is a lot that leads up to that.." that.."that area she's jumping off at has quickly grown to be in the world for this sport. still ahead on the fox 28 news at nine, taking to the streets. dealing with increased tensions after mass-executions. executions.then - terrorist plot ?why a new york bar owner - says a pan-handler's - attack - on his business - was - inspired by isis. protesters flooded streets in eastern saudi arabia today,

bill, back to you. >> josh, thank you very much. we have already established that the nasdaq is the weakest of the three major averages. margaret brennanas a kind of lodown of what's been going on there. >> i think you can see it's just a sea of red here on the knead dab, we're done more than 2.2%, though slightly off the lows we saw earlier. the worst performing, and really been the kay all day today, but we have seen the selling accelerate on the heels of that fed statements. oople is down a whopping 6%. on the heels of earnings last night, that's a big move. other large-cap tech names, the fang stocks are sliding lower. facebook, all to the down side. we're seeing biotechs notify dive with some of biggest names, all down more that 5% apiece, and three of the day's biggest losers, we're also seeing the selling accelerate. priceline, tripadviser and expedia after goldman sachs downgraded the first two, just looking at the nasdaq we're done 103 points right now, down to 44.64. so, again, a sea of red coming into the close. back over to you. >> morgan, thank you very much. about 5 1/2 minutes left on the trading session. art cashin stop

bill was in the waning years of his service, and was not writing as well as he did in prior years. he would've treated the case rather preempt early -- preemptively. should brennan write it? at the time, he was the only roman catholic on the court. i think would've resulted in his sustaining a lot of abuse, even though he didn't write it. host: do you think he wanted to write it? >> i don't think he did, but i think he was firm in his view. one can go down, the same with thurgood marshall. he was the only african-american on the court at the time. i think it would have been hard and a little unfair. host: some interesting backstage dynamics explained at the heart of all of this and justice blackmun writing the majority opinion. what did you think of that? ms. murray: i think it's great to think about the different personalities and the way these decisions are assigned. what i think he wanted to write the opinion. -- what i think is that he really wanted to write the opinion. he had spent time writing an original draft when there was a motion for re-argument. he worried that after all of that investment he would not be the one to write the opinion, that it would

bills fired their first full-time female assistant coach. she will be the first special teams quality control coach. the nfl hired its first female referee last year. joining me now is christine brennan to see you, brooke, thanks for having me on. >> explain to me when we're talking quality control special teams. what exactly will she will doing? >> brooke, there are so many assistants on top of assistants these days in the nfl coaching that it does get a little mind boggling. what it means special teams are very important. that's kicking, punting, kickoffs and she will be overe seeing, as best as i can tell, what's going on there. there's a special teams coach as well. she will not be that person, but quality control, i'm guessing would involve film, coaching, psychology, chatting with the players, being involved with the team meetings with the other coaches because she is the first woman nfl assistant coach ever. so all the meetings with rex ryan, the head coach of the bills, and has quality status with those other coaches and obviously very involved with all the nuances of special teams. >> rex ryan is an outspoken guy and then some. this is his second surprising hire in the off s