gabe gutierrez is live outside the state prison in west jackson, georgia. gabe, kelly gissendaner was convicted for planning her husband's murder 18 years ago and convincing her lover to carry it out and now this. >> reporter: that's right. as you mentioned, that parole board handing down the decision to allow the decision to stand and deny the decision of february. they reconsidered it today. but they are letting that decision stand so she is still scheduled to be executed here at this prison in jackson, georgia, at 7:00 tonight. but as you mentioned, it was a dramatic day at the parole hearing. pope francis, atlanta archbishop, the archbishop of atlanta wrote a letter on behalf of pope francis asking the parole board to commute her sentence and to perhaps issue in the letters words a sentence of more justice and mercy. however, parole board decided not to follow that. also, and three grown children, her three children testified in that hearing saying she is a model inmate and still her family is split on this. the relatives of her husband doug they say tha

>> gabe gutierrez reporting for us there in jackson, georgia. ack out on the campaign trail. what's saying in defense of his wife and is this just the beginning of his greater involvement in her campaign? >>> then, the first democratic debate set for next month in las vegas. but is it too little too late? i'm going to be speaking with dnc chair and congresswoman deb ber wasserman schultz coming up. >> >>> and the upside hot air balloon that has people doing a double take. so you're a small business expert from at&t? yeah, give me a problem and i've got the solution. well, we have 30 years of customer records. our cloud can keep them safe and accessible anywhere. my drivers don't have time to fill out forms. tablets. keep it all digital. we're looking to double our deliveries. our fleet apps will find the fastest route. oh, and your boysenberry apple scones smell about done. ahh, you're good. i like to bake. add new business services with at&t and get up to $500 in total savings. tand that's what we're doings to chat xfinity.rself, we are challeng

about 10,000 miles away. >> gabe gutierrez in chile, thank you. >>> big headaches today for a lot of travelers flying american airlines. the company hit with a computer system outage that grounded flights out of big hubs. it's the latest in a series of such outages affecting u.s. airlines. kevin tibbles tells us more. >> reporter: travelers on american airlines today hit with a different type of turbulence. flights in chicago, miami and dallas grounded for several hours. the culprit, a glitch in the airlines' computerized reservation system. >> it's all crazy and hectic. i don't know what's going on. it's frustrating. getting aggravated. >> reporter: by the time it was corrected, 291 flights had been delayed and six had been canceled. many disgruntled passengers took to social media trying to find out if and when they were going to get off the ground. technical hiccups seem to be on the rise when it comes to flying. in july, 3,500 united flights worldwide were disrupted with the airline blaming a network connectivity issue. >> the key thing is trying to solve and communicate it quick

our gabe gutierrez was in the courtroom. >> reporter: outside the packed federal courtroom. >> this flag represents satan. >> reporter: prayer. >> i believe christians at this point in time need to stand up for their faith and what they believe in. >> reporter: and protest. on the witness stand, rowen county clerk kim davis break down in tears saying she was a an apostolic christian in 2011 after the death of her mother-in-law. his mercy touched me that night she said and davis again said she could not comply with the court's order to issue marriage licenses to same-sex couples adding my conscience will not allow me. >> she cannot issue a license that conflicts with her christian values and beliefs. >> we are not issuing marriages licenses today. >> reporter: davis refused to issue licenses to any couples, gay or straight since the u.s. supreme court ruled earlier this summer that same-sex marriage was legal. >> why are you not -- issuing marriage licenses today? >> because i'm not. >> reporter: two federal courts ruled against her ordering her to do her job. the supreme court declined t

nbc's gabe gutierrez reports. >> reporter: it's long been seen as the mysterious red planet.ark, dangerous, and dry. today, nasa announced a discovery that is out of this world. >> liquid water has been found on mars. >> reporter: a new study provides the strongest evidence yet that there's flowing water on modern mars. using instruments on an orbiter circling since 2006, researchers detected hydrated salts in these streaks. they show up when the temperature rises and disappear when it's colder. could this mean that there's life on mars? >> it means that there's the potential for life on mars. >> reporter: georgia tech assistant professor james ray is one of the study's co-authors. >> what we see for the first time is an actual detection of the water molecule. basically the smoking gun. >> reporter: for years, scientists had known that there was some water on mars, but it was frozen solid in polar icecaps. these streaks snaking down mountains now suggest liquid water. >> i think within the next 20 years, we'll have astronauts at least around mars and hopefully on the surface

>> gabe gutierrez, thank you. >>> now to today's stunning victory for tom brady beating the nfl in court. his suspension from the deflategate scandal overturned, but the league says that his fight is far from over. our national correspondent peter alexander reports. >> reporter: no last second wind by tom brady ever pleased patriots fans quite like this. >> i jumped out of bed happy. >> reporter: the reigning super bowl quarterback four-game suspension erased and overturned today by a new york federal court judge. >> this is a big party, tom is free. >> reporter: across new england vindication and online celebration. tweets from patriot nation including from rob gronkowski, this season to be a heck of another ride and jfk library and even this dunkin donuts weighing in. the deflategate saga began eight months ago with brady's alleged involvement in the conspiracy to under inflate footballs for the game against the indianapolis colts. brady kept a sense of humor. >> such an enjoyable off season. [ laughter ] >> reporter: in a 40-page opinion, judge richard berman wrote there were signific

gabe gutierrez, nbc news, santiago, chile. >> as you heard, gabe gutierrez reporting from chile about an earthquake yesterday that measured 8. 3 on the richter scale. more on that earthquake throughout the show. >>> we want to switch over to politics. and the ratings are in for last night's second republican debate. almost 23 million people tuned in to watch the 11 candidates duke it out at the reagan library. front and center, as you can imagine, donald trump, campaigning in new hampshire tonight, but last night was involved in several heated back and forth exchanges, and had the most talk time of any candidate on stage. but while trump talked the most, it was carly fiorina who ran way with the headlines and emerged as the consensus among pundits. today she reacted on the "today" show. the three-hour debate also saw several of the other candidates mixing it up in an attempt to break out. so let's get our political panel in on this discussion right now. we're joined by gop strategist. we had sound bites and technical glitches that we weren't able to play sound bites. i want to start o

>> as long as it takes. >> gabe gutierrez joins me from rowan county, kentucky. husband says as long as it takes. she's not giving an inch on this. how long could that be that she's behind bars? >> well, that is the big question right now. her lawyers say they expect her to be in the jail behind me until at least through tuesday is what they're saying. they also said that she is doing well, that she's in isolation and that she's saying that things are going -- that rather, that things -- that all is well. another thing her lawyers were saying is that they think the licenses issued by those deputy clerks are invalid without kim davis' approval. the county attorney in rowan county says that they are valid. just now it appears that their legal arguments are not flying with the judge. the judge in this case, a federal judge that sent kim davis to jail yesterday and found her in contempt, he just filed paperwork saying he refused to put this contempt order on hold while kim davis' attorneys appeal. the attorneys say they will fight this. there's a rally that's being p

nbc's gabe gutierrez is in santiago and he brings us more. gabe? >> reporter: things are back to normal here at santiago's airport, but coastal communities here in chile are still asse assessing the damage. this was the strongest earthquake on earth so far this year. now, more than a million people were evacuated, fearing a tsunami. parts of the coast saw waves of up to 15 feet. the quake was centered about 175 miles from santiago, chile's capital city. and a tsunami alert has expired here in chile, but advisories were issued as far off as hawaii and southern california. thousands of miles from the quake. and much smaller waves were expected there. now, after the initial jolt, there were several strong aftershocks here. and this is a country that is broken to earthquakes. the strongest one ever recorded on earth happened in 1960 here. a magnitude 9.5 on the richter scale. since then, there have been changes to building codes and warning systems. and that may have saved lives in this case. gabe gutierrez, nbc news, santiago, chile. >> all right, gab

gabe gutierrez has more on what can happen at that hearing. good morning to you. >> reporter: aaron, good morning. kim davis will go before that federal judge to explain why she should not be held in contempt of court for defying several court orders. on wednesday, she denied another marriage lee -- license to another same-sex couple. she said her religion prevents her from giving out the licenses. for davis, this is a heaven or held decision and now two other county clerks in kentucky are also denying same-sex marriage licenses. now today, davis faces stiff fines and even jail time although that's unlikely. the federal judge has also ordered her deputy clerk to court, suggesting that he could possibly explore other alternatives like having one of the deputy clerks issue the licenses on her behalf. back to you. >> gabe gutierrez, see more of his reporting on the "today" show in a couple of minutes. thanks, gabe. >>> developing this morning a new report from the justice department says that the police response in ferguson, missouri, should be a

gabe gutierrez, nbc news, chile. >>> now to the migrant crisis overseas. croatia closed all border crossings with serbia except one in effort to control the slow the flow of refugees which strained authorities. this included closing the border near one serbian town where record numbers of migrants with crossing into eastern croatia. some 2,000 people have gathered waiting for bus or train rides to refugee centers. one train left this morning carrying hundreds of migrants. the refugee centers in the capital and elsewhere. croatian police say more than 13,000 migrants have entered the country from serbia since the first group started arriving more than two days ago. >>> daytime sleepiness and long naps could increase your risk of type two diabetes. japanese researchers found extreme fatigue was linked to a nearly 60% greater risk of the disease. regular naps that last an hour or more increase the risk by about 45%. the study shows shorter naps had no effect on diabetes risk. experts believe daytime napping may be a result of nighttime sleep disturbances whic

nbc's gabe gutierrez is in grayson, kentucky. >> pr ase help me welcome to the stage kim davis. >> reporter: kim davis walked out of the carter county detention center after almost five full days behind bars as a rock star. >> i just want to give god the glory. people have rallied. and you are a strong people! >> reporter: a judge suddenly setting her free because her deputy clerks issued marriage licenses to same-sex couples, complying with federal law. >> we are not issuing marriage licenses -- >> reporter: davis had stood firm amid a national firestorm after she refused to issue the licenses, citing her religious beliefs as an apostolic christian. >> whose authority? zblund >> under god's authority. >> reporter: last week a judge found her in contempt. today just before her release republican presidential candidates ted cruz and mike huckabee came to show their support. e's the elected rowan county clerk, so she can't be fired, only removed by impeachment. her salary around $80,000 a year. critics think davis should resign. >> if you do not want to obey the law and you think that is not

nbc's gabe gutierrez joins us live from kentucky with the latest. good morning. >> reporter: eun, good morning. for first time the county clerk's office is expected to issue same-sex marriage licenses. five of six deputy clerks, they will do it. now, this comes after a dramatic court hearing yesterday on the witness stand kim davis broke down in tears. she insisted she could not issue marriage lie sens to same-sex couples -- licenses to same-sex couples saying my conscience won't allow me. the judge ordered her into contempt. she defied the u.s. supreme court and two lower courts that ordered her to do her job. again, five of six deputy clerks say they will issue the marriage licenses. davis' lawyers brought one the judge whether the licenses would be valid without her authorization. this county attorney said they will be. so we'll see what happens. the clerk's office is set to open in over an hour. back to you. >> thank you, gabe. >>> i found out he was -- he wasn't breathing. he was laying there and not breathing. >> d.c. fire and ems investigatin

nbc's gabe gutierrez has this report from chile. >> reporter: it wasn't the earthquake that did the mostamage here. it was the tsunami. parts of this coast saw waves of up to 15 feet. at least 12 people are now confirmed dead, hundreds more are in emergency shelters. the 8.3 magnitude quake was the most powerful recorded on earth so far this year. and it prompted tsunami advisories thousands of miles away as far as hawaii, california, even japan. still, many people here credit updated building codes and new warning systems for saving lives. overnight there were several aftershocks including one that was a magnitude 6.3. but geologists say these aftershocks could continue for months. gabe gutierrez, nbc news, chile. >>> homemade bomb on a philippine bus has killed a young girl and injured 32. the authorities say the bomb exploded as the bus sat at a terminal. no suspects identified. authorities say they could include militants who set off a car bomb in the same city earlier this year. abu saif declared a terrorist group by a philippine court also on washington's list of terror organizatio

. >> gabe gutierrez is at the courthouse in kentucky. , my understanding is she can only be removed from office if she's impeached. she was voted into office. are there any legal alternatives? >> reporter: hi there, andrea, good afternoon. she is an elected official. she would only have to be removed by impeachment. she can't be fired from this job essentially. as you mentioned this morning, it was quite a scene inside the county courthouse yet again for a second straight day. a same-sex couple went in asking for a license. robbie blankenship and jesse cruz. they drove down from columbus, ohio. they were denied that license. they say this is all about civil rights. >> why was it important to come here? >> because 99% of my family are kentuc kentuckyans and kentucky is in my blood. i love kentucky, my parents were married in kentucky and i want to be married in kentucky as well. >> to care for him until his last day, i want to do that and i want to do that recognized by the united states of america. by the state of kentucky and by this cou

joining me now from grayson, kentucky is gabe gutierrez. you were at the clerk's office earlier. at the jail. what is the next step for kim davis? will she be released this weekend. >> >> doesn't look like. her lawyers expect her to be in the jail behind me through at least tuesday. and as you mentioned they are appealing her contempt of court order but they don't see an end in sight with this right now. they say the hearing, the federal court hearing was a cha raid. and they see this as the fight for her religious freedom and she's not backing down. something interesting that came from that press conference we just heard is her lawyers say that she believes that all of the marriage licenses that were issued today are legally invalid without her authorization. that is her attorney's position right now. luke. >> and you speak with kim davis's husband today outside the county clerk's office. i want to listen to a little bit of that interview. it's fascinating. >> we might as well be in russia. over in iran. we don't have any religious freedom no more. and if we don't take it back w

>> gabe gutierrez for us tonight in georgia. we're going to continue to follow that situation there. let's get to our other big story today. the fight over funding for planned parenthood. fireworks on capitol hill, as lawmakers questioned and clashed with that organization's president. cecile richards, they questioned her for about five hours, in the long and often contentious hearing, a congressional committee pressed her on planned parenthood's use of tissues from aborted fetuses and other issues. >> -- donate do mammograms, correct? there's like one or two places that do them -- >> if you would give me one moment to explain. >> sure. >> do you really want to do this? do you really? do you want to align yourself with the radical extremists who manipulate the facts? >> the apology he offered was like what some criminals do, they're not really sorry for what they've done, they're sorry they got caught. >> where there's profit centers -- >> i disagree -- >> this is my time, so don't interrupt it. the disrespect, the misogyny ramp

nbc's gabe gutierrez joins me with the latest. she would be the first woman executed in georgia in 70 years? >> reporter: yeah, that's right, andrea. the first woman in 70 years. she is currently the only female inmate on georgia's death row. her execution, as you mentioned, is ked yule e scheduled for 7:0. the clemency hearing is going on now, closed to the public. her three grown children are at the hearing and expected to testify. her lawyers are arguing the person who carried out the murder, her then-boyfriend, he was sentenced with life without parole and they argued she got a harsher sentence. she was convicted of plotting to kill her husband in 1997. since that time, her grown children now say she turned her life around while in prison. she was a model inmate. however, the relatives for her husband, they argue that she deserves to be put to death and that the focus should be on the victim, not on herself. andrea? >> gabe gutierrez in georgia, you'll keep us up to date on that. thank you. >>> house of cards. how could the le

gabe gutierrez, nbc news, sant xwr -- santiago, chile. >>> to decide whether bowe bergdahl should beor deserti desertion. he left his post, was captured by the taliban and released five years later in exchange for five guantanamo bay prisoners. we're following that case in san antonio with the latest. more details surrounding his disappearance. tell us what you know. >> bergdahl has not spoken much in the courtroom other than to tell the judge, yes, he understands the charges against him. but we're hearing from his platoon captain, captain john billings says there was a frantic search in the days and weeks and hours after -- that bergdahl disappeared from his remote army base in eastern afghanistan on june 30th, 2009. they searched for two months but could not find him. he was released in a controversial prisoner exchange last summer. five taliban prisoners exchanged for bowe bergdahl. he was interrogated by the army and then later charged with desertion and the lesser known charge of behavior before the -- i'm sorry, desertion and misbehavior before the enemy. that's a more serious

>> gabe gutierrez, thank you. "hardball" is back right after this. sure, tv has evolved over the years. it's gotten squarer. brighter. bigger. thinner. even curvier. but what's next? for all binge watchers. movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. >>> welcome back to "hardball." there's a big debate now about the future of donald trump's presidential campaign. if his decline in the polls continues, will he even face voters or pull the rip cord and get out of the race altogether? trump is still struggling with the fault of those cattish remarks he made about carly fiorina's looks. he's fallen seven points according to polling average, that's roughly a quarter of his entire support in just two weeks. he's come from 30 down to 23. noted columnist joe nah sierra says trump will be out before the first vote has ever come. quote, all his life, trump has had a deep need to be perceived as a winner, the word winner in quotes. he always has to be perceived as coming out on top. that's why, ultimately, i don't think he

nbc's gabe gutierrez is in grayson, kentucky. >> please help me welcome to the stage kim davis! >> reporter: kim davis walked out of the carter county detention center after almost five full days behind bars as a rock star. >> i just want to give god the glory. he is -- his people have rallied, and you are a strong people! >> reporter: a judge suddenly setting her free because her deputy clerks issued marriage licenses to same-sex couples complying with federal law. >> we are not issuing marriage licenses. >> reporter: davis had stood firm amid a national firestorm after she refused to issue the licenses, citing her religious beliefs as an apostolic christian. >> under whose authority? >> under god's authority. >> reporter: last week a judge found her in contempt. >> all has been well. >> reporter: today just before her release republican presidential candidates ted cruz and mike huckabee came to show their support. she's the elected rowan county clerk, so she can't be fired, only removed by impeachment. her salary around $80,000 a year. critics think davis should resign. >> if

gabe gutierrez joins me live on the phone from santiago. gabe, what's the latest? eight about an hour ago. they're still assessing the damage here in chile. we're here at santiago's airport, and things are back to normal here, but those coastal cities were hard hit at magnitude 8.3. this was the strongest earthquake on the planet. so far this year. and about a million people were evacuated, fearing a tsunami. parts of the coast saw 15-foot waves. now, the quake was centered off the coast about 175 miles or so from chile's capital city, santiago, where buildings were seen swaying back and forth. now, the tsunami alert has expired here in chile. but as you mentioned, there were advisories in effect for hawaii and southern california where much smaller waves were expected. and since the initial quake, there were several strong aftershocks here. but as you know, jose, chile is a country that is prone to earthquakes. the largest one ever recorded on earth happened here in 1960, a magnitude 9.5. jose? >> gabe gutierrez in santiago, thank you very much. >>> up next, gop c

as nbc's gabe gutierrez reports. >> reporter: it was a first for rowan county, kentucky. a same-sex couple issued a marriage license. >> right now i just want to go hug my mom and dad. >> reporter: james yates and william smith walked out to a media frenzy surrounded by demonstrators on both sides of the contentious debate over gay marriage. this was their sixth time applying for a license. >> we got it! >> reporter: throughout the day other couples came, their licenses issued by deputy clerks while their boss, kim davis, remains in jail after a federal judge found her in contempt. she says her apostolic christian faith prevents her from authorizing gay marriage. >> how long is your wife prepared to stay in jail? >> long as it takes. >> reporter: her husband says this is a fight for religious freedom. >> what do you say to the people who think that kim davis should do her job? >> she has done her job. you know, just because five supreme court judges makes a ruling, it's not a law. >> i'm not doing a marriage license today. >> reporter: davis, an elected official, ignited

nbc's gabe gutierrez reports. >> reporter: it was a first for rowan county, kentucky. a same-sex couple issued a marriage license. >> right now i just want to go hug my mom and dads. >> reporter: james yates and william smith walked out to a media frenzy, demonstrators on both sides over the contentious debate. this was their sixth time applying for a license. >> we got it! >> reporter: throughout the day, other couples came. their licenses issued by deputy clerks while their boss, kim davis remains in jail after a federal judge found her in contempt. she says her apostolic christian faith prevents her from authorizing gay marriage. >> how long is your wife prepared to stay in jail? >> as long as it takes. >> reporter: her husband says this is a fight for religious freedom. >> what do you say to the people who think kim davis should do her job? >> she has done her job. you know, just because five supreme court judges makes a ruling, it's not a law. >> i'm not doing marriage license today. >> reporter: davis, an elected official ignited a firestorm when she defied the u

nbc's gabe gutierrez is in kentucky and will have more coming up on the "today" show. >>> 5:45.ratic presidential front-runner hillary clinton will sit down with andrea mitchell for an exclusive interview. later, clinton will travel to puerto rico to participate in a health care roundtable. >>> well, to run or not to run. that'sç the question that vice president joe biden says he honestly can't answer right now. speaking at an atlanta synagogue last night, biden says he's not made the decision yet. he first has to determine whether he and his family have the emotional energy for such a tough campaign. vice president has been grieving since his son beau died of cancer in may. >> but unless i can go to my party and the american people and say that i'm able to devote my whole heart and my whole soul to this endeavor, it would not be appropriate. >> biden shot down the rumors that fund-raising was preventing him from entering the race, saying his family was the only factor right now. >> well, donald trump made the pledge to the republican party. >> they have been wanting this. >> y

gabe gutierrez is in kentucky and will have more coming up on the "today" show. >>> lawyers will be pushingthe death penalty for the man accused of killing nine people inside a south carolina church in june. dylann roof, prosecutors say they plan to present evidence about his mental state and his lack of remorse. >>> darren goforth was shot on friday. today, runs are expected to attend his funeral. in the meantime, people are putting blue lights and ribbons outside showing their support for all law enforcement. >>> dallas love field is commemorating a unique moment in history that happened at the airport. shortly after president john f. kennedy was assassinated, lyndon b. johnson took the oath of office becoming the new president at love field. it's the first time a u.s. president sworn in west of the mississippi and also the first time a president was sworn in at an airport. there will be a matching historical!@hoto and marker put up inside the terminal. >>> a ceremony was held yesterday to mark the unveiling of a statue damaged in bangkok's bombing last month. the landmark was a popular

>> gabe gutierrez reporting in kentucky for us. thank you, sir. appreciate it.oining me on set, sima ayer, criminal defense attorney, host of "the docket" on msnbc's shift. great to have you with me. you hear all of this and davis' attorneys filed this appeal on friday, arguing that same sex couples who sued her received a marriage license while she was in jail so therefore, the office shouldn't be required to issue them anymore to couples while she's at work. do we understand this argument? >> we are back in football season, i can use the term hail mary. that's what it is. it's a hail mary. the judge last week, the federal judge said that licenses should be issued. that is the law. so whatever kim davis is arguing or her attorneys, it doesn't apply. the deputies can issue the licenses. they don't have to have her name on it. the judge already decided this last week. i don't know where they're going with it. what should be done, though, is that the legislature needs to meet again and the governor needs to issue a new form that doesn't have to have ms. davis' sig

gabe gutierrez spoke to her attorneys moments ago who say she's still far from being vindicated. >> weto go to the next step but nothing has been resolved. this doesn't resolve the matter to simply say don't interfere with these licenses because her name and authority are still on those licenses. >> so this is a look live pictures outside of davis' jail as supporters were going to be holding a rally of support for her coming up at 3:00 p.m. this afternoon. obviously this is a big development that happened before the 1:00 p.m. eastern hour news of her release is spreading quickly. republican presidential candidate mike huckabee is scheduled to speak at that rally. senator ted cruz was scheduled to visit her in jail today. i'm joined by robbie, the attorney for edie windsor, also the author of "then comes marriage" which comes out on october the 5th. robi, congratulations on the book, again, coming out at the beginning of october on the 5th. explain what we're seeing here. these are fast-moving developments in kentucky. what is your reaction to the fact that this county clerk was held in

nbc's gabe gutierrez joins me on the phone with the very latest. know you have recently gotten there. describe the scene. >> reporter: hey, thomas. good afternoon. well, the santiago airport was back to normal briefly closed yesterday -- >> unfortunately, i think we are having difficulty with the connection with gabe gutierrez, who is in santiago, chile on the ground. again, we had him on the telephone. but as we can imagine, so many people trying to reached loved ones in that area. again, these are some of the images that came out from the cameras that captured the largest earthquake recorded on the planet this year. again, ten people died and they are still doing missions to make sure that people are accounted for. but the bigger fears were that of this earthquake causing a tsunami and there are still warning effects for as far away as hawaii and the california coastline. if we can get our established connection with gabe back, we will speak to gabe gutierrez there in santiago. but we want to turn to the economy back here at home and talk about t

gabe gutierrez is in kentucky for more on the events. >> reporter: for the first time, the court's office began to issue marriage licenses to same-sex couples. five of the deputy clerks told a federal judge they would do so, without the authorization of their boss. today, the first couple arrived, just after the office opened. >> how are you feeling this morning? >> happy. right now, i want to go hug my mom and dad. >> reporter: in federal court, kim davis broke down in tears. she insisted she could not issue marriage licenses to same-sex couples, saying my conscience will not allow me. the judge found davis in contempt and ordered her into federal custody. her husband says she is not backing down. >> we might be in russia. we might be over in iran because we have no more religious freedom no more. if we the people don't take it back, we're in trouble. >> reporter: how long is your wife prepared to say in jail? >> as long as it takes. >> reporter: the federal judge says she will remain in jail until she complies with the law. >>> republican presidential candidate donald trump was on msnbc

gabe gutierrez, nbc news. >>> davis' husband says she does not plan to resign her post and says she willsex licenses, no matter what. >>> up next at 11:00, it's hoverboard technology, and why nasa wants to get its hands on this one. >>> plus one man's plan to honor the forgotten sailor. it would make you bay area proud. >>> we're enjoying sunshine as we look at belvedere and comfortable temperatures, but it will be heating up over the next few days, a look at the numbers coming up in the microclimate forecast. was even a country -- before there was even a u-s navy -- there was the merchant marine. >>> before the united states was even a country, before there was even a u.s. navy, there was the merchant marine. >>> the gi bill gave benefits to veterans. at the time he would expect those benefits extended to mvp mariners. they weren't. we weren't alive 70iers, many of us. but the subject of tonight ace "bay area proud" was and does. the numbers of years spent on earth. a better way might be just how many great stories came out of those years. jack has 96 of one, and a million of the other.

gabe gutierrez is in kentucky. gabe, could she face penalties if she is found in contempt of court?> reporter: hi, frances, good afternoon. she could face penalties, including stiff fines and even jail time. legal experts say jail time is highly unlikely, but as you mentioned kim davis is refusing to issue marriage licenses here, even though this is a gay marriage issue. she's refusing to issue any marriage license because she says that she does not want to discriminate. as you mention right there, a same-sex couple went in yet again this morning and were denied a license. now, the governor has released a statement on this saying that there is obviously strong feeling on both sides of the issue, but the united states supreme court has spoken and same-sex marriage is now legal in kentucky and the rest of the united states. regardless of whatever their personal feelings, 117 of our 120 county clerks are following the law and carrying out their duty. the future of the rowan county clerk is now in the hands of the court. now, the lawyer -- again, kim davis is saying that this is all abo

. >> kim davis did not take questions but nbc's gabe gutierrez asked kim davis' lawyer what she plansomorrow. >> we're told by some of the people that received them mrs. davis' name was not on the license. is that the case or not? if so, what does she plan to do tomorrow? >> the licenses issued were issued without the authority of rowan county and they are not valid. there are criminal laws in kentucky that say if you issue a license to someone that is not authorized by statute that there are criminal penalties for that. kim davis because of the -- [ inaudible ] chose not to issue any licenses. >> joining us is scott white, kentucky attorney and former deputy attorney general for kentucky. so, mr. white, what's the story with these marriage licenses? is there any question as to their legitimacy. >> none at all? they are absolutely legitimate. the office of the county attorneys empowered by the state legislature that issue marriage licenses, there's a statute that says to use a uniform form. it is technicality but not the type folks talk about when they think of smart, clever lawyers t

. >> gabe gutierrez, thank you. >>> welcome back to "hardball." there's a big debate now about the future of donald trump's presidential campaign. if his decline in the polls continues, will he even face voters or pull the rip cord and get out of the race altogether? trump is still struggling with the fault of those cattish remarks he made about carly fiorina's looks. he's fallen seven points according to polling average, that's roughly a quarter of his entire support in just two weeks. he's come from 30 down to 23. noted columnist joe nah sierra says trump will be out before the first vote has ever come. quote, all his life, trump has had a deep need to be perceived as a winner, the word winner in quotes. that's why, ultimately, i don't think he'll ever put himself at the mercy of actual voters in a primary. he'll be out before iowa. you read it here first. well, robert costa, national republican reporter with "the washington post," michael steele was rnc chair. robert, you're with the guy all the time. i know from conversations with him he's not

gabe gutierrez, nbc news, los velos, chile. >>> now to a toddler found dead on a beach. baby doe has been identified and her mother has been placed under arrest. the girl's name is bella bonn. officers learned the girl's identity after searching a home in boston last night. turns out child services had been in contact with the girl twice since she was born, but both cases had been closed. a woman found her body a couple of months ago on deer island and police shared a photo of what she might look like and received about a hundred tips. >>> one of the victims of the 2012 derecho in washington is back in the hospital this afternoon. we first met carolina alcalde, and she was riding her motorcycle when a tree fell and left her paralyzed. now alcalde is dealing with more complications. >> i should not be here today. i should be dead. >> the tree that severed carolina's spine during the sudden destructive derecho storm of 2012 did not crush her magnificent spirit. >> i like to expect the best of people. i know there are a lot of people out there that say if you expect the wor

. >> gabe gutierrez reporting. now the woman cannot be fired because she's an elect the official. she would have to be impeached if the voters felt that was necessary. >> it seems like she has a lot of voter support still. >> sounds that way. >>> well, did the drive to work feel a little sluggish this morning? because the commute ran afoul. >> did you really do that? >> yes, take a look at this video in san jose. that is a goose down there near the white line trying to cross 101 just north of the 680 merge. you can see the chp officer on the motorcycle trying to keep cars from hitting that goose. ient you'lly did fly away after playing a game of chick within that officer. >> speaking of chicken, scott, here's one for you. one showed up at the toll plaza this morning. that picture from a viewer. here's another one from tara porter. these pictures show not just one chicken but more than one wandering around, trying to hitch a ride into the city. who doesn't want to go into the city, right? they didn't get it right and ended up crossing the road to the other side. but they declined t

gabe gutierrez is following this this morning.an see behind me a very emotional scene, demonstrators from both sides of the same-sex marriage debate are out here making their voices heard. this comes after a dramatic scene this morning. for the first time rowan county issued a marriage license to a same-sex couple. five of the six deputy clerks told a federal judge yesterday they would do so, this while their boss, kim davis, remains in jail. the first same-sex couple to get that marriage license showed up just after 8:00 this morning after the courthouse opened. this is what one of those men had to say, william smith jr., right after he got that license. >> we waited forever, and we were elated when the law passed. we tried to come down. this was our sixth time and we were successful. we're just happy to finally get married. >> in federal court yesterday, kim davis broke down in tears. she insisted that she coucould not issue these marriage licenses to same-sex couples because her conscience would not allow it. the judge found he

gabe gutierrez is outside the jail in kentucky.d morning. >> jose, good morning. >> what's the atmosphere there? >> well, people are getting ready for this rally right now, jose. it's set to begin at 3:00 this afternoon. as you mentioned, republican presidential hopeful ted cruz is scheduled to visit kim davis, but he will not participate in the rally. mike huckabee will, as will many other supporters including kim davis' husband. now, lawyers for kim davis are appealing her contempt order and they have filed an emergency motion trying to get the governor to step in and immediately release her from this jail. but the governor, governor steve beshear has said this is all in the hands of the court. davis is the county clerk who has ignited a national firestorm after refusing the issue the marriage licenses the same-sex couples citing her religious beliefs. last week, a federal judge sent her to jail for defying the supreme court, and over the holiday weekend, davis' supporters gathered to call for her release. her deputies on friday