and rudy giuliani was on top nationally the eventual ( fmr. presidential candidate) "we sure showed 'em what a comeback looks like." jessica rae: in a subsequent statement... trump demanded an apology from the new york times... and accused the quote "using his disability to grand-stand." jessica rae: the u-s secret apprehended a after he jumped over a white house fence on the north lawn. was wearing a pants, and wrapped with an american flag. the secret service officers with their guns distance yelled at him to get on the ground then arrested him. the suspect was carrying an envelope. the us secret service is checking a vehicle registered to the jumper at the lincoln memorial parking lot. jessica rae: the turkish president says his country will not apologize to russia for shooting down a russian fighter jet on tuesday. russia's president also spoke today, saying the incident may bring relations between the countries to a "dead end". reporer karin caifa has the latest. "turkey's president says his armed forces were doing what they were supposed

senate democrat dianne feinstein and jeb bush...who's worrying some gop strategists michael steele, fmr. republican national committee chair "the risk is sounding too hawkish and too too eager go into a fight with no plan." marco rubio... 3rd now in republican polls... put up his first tv ad rubio political ad "what happened in paris could happen here." he wants u-s teams in syria to post videos marco rubio presidential candidate"i want the world to see how these isis leaders cry like babies when they're captured." but right now... the u-s, france and russia are only hitting isis from the air how to do more ...how to go after isis on the ground...will be topic one here tomorrow when president obama meets with french president hollande. steve handelsman nbc news the white house. a new poll the washington post and abc news released today shows hillary clinton is more trusted than any republican candidate when it comes to fighting terror. the poll asked the question ... who would you trust more to handle the threat of terrorism? clinton beats donald trump 50- percent to 42 percent. she bea

(sot: steven hadley/ fmr. nat'l security advisor) "we need a strategy to much more aggressively roll back isis." who's willing to commit ground troops? that's part of today's meeting. (sot: michael steele/ fmr. rnc chairman) "no one that i've talked to and i've been around the country is saying 'yeah saddle me up let's sign up for another military engagement in the middle east.'" the u-s is trying to saddle up more support: from the middle east - secretary kerry met with saudi and u-a-e leaders monday. and even from russia: (sot: mark toner/ state dept. deputy spokesman) "if russia is serious about taking its fight to isil than we can see a cooperative roll for it." but the biggest risk - putting people on the ground in syria - remains unclear. from here, hollande heads to moscow to coordinate isis strategy with russian president vladmir putin. i'm tracie potts in washington. al, sarah back to you. >> a bomb exploded outside the building of the federation of greek enterprises in central athens, causing damage

s/ fmr. governor jeb bush / (r) presidential candidate:14 chuck todd: have you changed your mind on the death penalty? jeb bush: i'm conflicted. i am. it was the law of the land when i was governor, and i faithfully dealt with it. to be honest with you, it is not a deterrent anymore because it's seldom used. it clogs up the courts, it costs a ton of money. also, appearing on meet the press this morning, house speaker paul ryan, explaining why he chose to run. "it's not a job i ever wanted. i liked where i was. but i really felt like our party needed to unify and i talked with the members of our conference of what i think a new speakership should look like. i don't think we can keep doing business the way we've been doing business. and i think we really need to be on offense and offer the country alternatives and that's what i intend to do." health care open enrollment begins today for 2016 coverage through the federal marketplace. now you can check out prices and plans... and enroll online at

(sot: robert liscouski/ fmr. homeland security assist. secretary :30- :39) "i don't think it's realistic to expect that we'd ever have the ability to be forewarned to a point where we can predict something is going to occur on a new propaganda video questioning our military's resolve. and a new fbi bulletin warns police to be careful. the concern: soft targets - restaurants... malls... places where people gather. the biggest threat: homegrown terrorists. copycats. not isis. the biggest deterrent: you. (sot: robert liscouski/ fmr. homeland security assist. secretary 1:00-1:06) "doesn't mean you have to be fearful about where you're going or what you're doing it just means you need to mindful of what it is." authorities say ordinary people looking out for what's not ordinary... and reporting it... is a key weapon in the war on terror. i'm tracie potts in washington. matt and sarah back to you. >> friends and colleagues remember a former sioux city community leader who has died. joanne grueskin died at her home in carlsbad, california monday

(bill gates/co- founder and fmr. chairman, microsoft) "i'm optimistic because of the gigantic commitment we're getting from these partners that we will solve the problem. we can get that premium down, so the idea of a clean energy generation, doesn't require the poorer countries to slow down their development and they can go full- speed ahead." some of the backers for the initiative include mark zuckerberg of facebook and richard branson of virgin group. the fund will focus investments in electricity generation and storage, transportation, and industrial uses, among other things jessica rae: the cowboy trail will be meeting in norfolk future of the here's paul with the details. "meetings will be to chadron this month to provide input on the master plan for the cowboy trail. economic development and changes in the way vegetation along the trail is managed are among the topics to be discussed. meetings on the eastern leg of the cowboy trail are planned december 8th in ainsworth, december 9th in o'neill, and december 10

sot - richard clarke / fmr. national security official / abc news contributor "they did not have enough people to follow all of the suspects on their list of people who have been radicalized and who may be isis supporters." we also now have the picture of the passport found on one of the attackers - identifying him as a syrian refugee... he came through a greek island last month - alone and karla barguirena oncam close: the prosecutor's office confirms to abc news that a car linked to the attacks was - and had several inside. karla barguiarena, abc news, new york. nikki: election headquarters nikki: o'malley stopped iowa democrat's fall barbeque in ames... the event was hansen student learning center on isu campus. the candidates touched on many subjects including the economy, education and climate change. hillary clinton took some time to address the attacks in paris. "there is so much at stake in this election the attacks in paris as i said last night at the debate are a sobering reminder of the challenges and

(bill gates/co- founder and fmr. chairman, microsoft) "i'm optimistic because of the gigantic commitment we're getting from these partners that we will solve the problem. we can get that premium down, so the idea of a clean energy generation, doesn't require the poorer countries to slow down their development and they can go full- speed ahead." some of the backers for the initiative include mark zuckerber of facebook and richard branson of virgin group. the fund will focus investments in electricity generation and storage, transportation, and industrial uses, among other things tim: according to an abc news poll/washington post poll, two thirds of americans believe climate change is a serious issue in the u-s it very sierious. those numbers however are down over the past year and a half, 47 per-cent of those polled say the federal government should do more than it is doing now to try to deal with global from a high of 70 the bush eight years ago. still to come... a future hall of famer in the n-b-a is calling is hang

sot - richard clarke / fmr. national security official / abc news contributor "they did not have enough people to follow all of the suspects on their list of people who have been radicalized and who may be isis supporters." we also now have the picture of the passport found on one of the attackers - identifying him as a syrian refugee... he came through a greek island last month - alone and unarmed. karla barguirena oncam close: the prosecutor's office confirms to abc news that a car linked to the attacks was found in a paris suburb - and had several kalashnikov rifles inside. karla barguiarena, abc news, new york. nikki police are investigating the stabbing death of a 17-year-old girl found dead this weekend in georgia. officers discovered abbey hebert's body outside a residence yesterday morning. police found and arrested another girl, 18-year-old olivia smith, near the body. smith stands charged with murder and is being held without bond. students gathered at the victim's high school in memory of their slain

sot - john cohen / fmr. counterterrorism coordinator, dept. of homeland security "they'll experience increased numbers of pat down searches and their personal items will be swabbed. the screeners will be looking for explosive residue." as investigators analyze those black boxes, and interview every single airport employee... crews at the crash site are searching for any evidence of an explosion. sot - col. steve ganyard / ret. usmc / abc news aviation consultant "every bomb has a sort of signature, a chemical signature that will be left on whatever it blows up." molly hunter oncam close: tonight - egyptian investigators are inviting international help - after maintaining no countries are sharing intelligence information with them. ten additional russian advisors arrived to help inspect airport security here? in sharm el-sheikh, egypt - molly hunter, abc news. nikki: police in columbia, south carolina are mourning the loss of an officer who died in the line of duty last night. officials say 37- year-old officer stacy case died from injuries sus

now, even -- opodaca is an fmr, even -- opodaca is an >> wait a minute. they require unanimity for conviction, right? >> yes. and -- >> just they don't require unanimity on the sentence. that's quite different from whether the person committed the crime or not. >> justice scalia -- exactly. and justice scalia, leaving aside our eighth amendment point in our brief that followed on justice breyer's concurrence in ring, this is all about the eligibility, not the determination of what sentence applies. and you have held that the existence of a specified, statutory aggravating factor is a condition. it is an element of capital murder, and it is by stat stat sta chut -- as justice thomas pointed out in mcdonald, it's an extraordinarily unusual case. even there six justices said a simple majority rule would not pass muster. we need to -- once -- when an assignment is made to a jury in a case, to decide beyond a reasonable doubt the existence of an element, however the state defines the element, we need substantial reliability that the jury actually performs thos