attorney kendall coffey and criminal defense attorney brian wice.nk you both for being here tonight. >> thanks for inviting us. >> thanks. >> kendall, mr. wild scene's attorney says evidence exists tying the governor to having knowledge of the lane closures. legally, what could this mean for the governor? >> well, it could be a bombshell or a bombshell bluff. what we know is that wildstein has an extraordinary campaign trying to market himself as a cooperator, as a potential star witness to the prosecution. and apparently, his attorney isn't satisfied that the prosecution is willing to offer the kind of deal or the kind of interest that wildstein would want in order to open up. it all comes down to not what we are reading in the papers or what is being said through the attorney. what really is the evidence. and wildstein may have knowledge. he may be able to put the pieces together. he could be that gold standard cooperator that the government would like to have, especially if he can take them to some documents and other corroboration. but right now

beth kendall says it's mike lucas in a high decibel drive-by.a sub-woofer. >> apparently our radio was too loud, and she called the police. >> who exactly gets ticketed here? it's not me. >> reporter: neighbors by chance enemies by choice. >> they don't like the fact that i have called the police on them for things that i know are ordinance violations. >> reporter: to hear the kendalls tell it, their neighbors are a band of suburban outlaws -- billy the kid of the cul de sac. their misdeeds? a car up on blocks, parking over the sidewalk, and disturbing the peace. not a hanging crime, even in missouri, but it could get you a ticket. >> this sounds like junior high school. >> it is to us on the outside, it is not like that to them, it is very serious business. >> reporter: the kendalls adversaries say they suspect there's a reason tickets are handed out like skittles on halloween. beth kendall is a former town alderman. >> you say you do not wield any political influence over the local authorities. >> no, absolutely not. >> reporter: these neighbo

i'm going to go to kendall with the same question. you get all these lawyers, all the work in the u.s. attorney's office and yet all this questioning whether what they did or not was criminal. you would think they would know what was criminal and try to avoid it. first you, bob, and then to kendall. >> well, one of the things that we have been amazed about is because there were so many people who came from the u.s. attorney's office and how anything like this could possibly happen. and the only thing that those of us who follow it daily can come up with is maybe it's the arrogance of power you. get there, you think you can't be defeated. you have a lot of people following you. and they just do stupid stupid things. >> let me go to kendall on this. are you surprised some of these guys it looks like they're taking the fifth, just not talking all these guys around the port authority. apparently the people around him are all lawyered up right now. how did they get in this mess if you're all so familiar with prosecution and what the law is

attorney kendall coffey and nbc news national investigative correspondent michael isikoff. thank you both for being here. >> thanks, rev. >> good to be with you. >> kendall, you were telling one of my producers there is no such thing as a casual inquiry like this, a subpoena like this from the u.s. attorney. what is the significance of these subpoenas? >> well, this is very significant. it means first of all, that some determination has been made at a high level. hard to think, by the way, that eric holder read about this for the first time in the newspapers. this kind of thing runs all the way up to the top of the justice department at some level of approval ratification. at a very high level, determination has been made that is there is federal criminal jurisdiction if allegations and information that is being review candidate be proven. that by itself is a major development. because now we're not just talking about a legislative committee. and that's serious business, or even the threat of state prosecution, which is certainly plenty to worry about. when you're thinking

wildstein. >> let me go back to you again, kendall. what are the possible traditional exposure that is faced here by those involved and the governor? because clearly the assembly and the senate investigates on one level. but what are the possible criminal charges, if any, that you think could possibly come from some of this? >> well, we certainly begin by acknowledging the fact that somebody gets a subpoena, even that something is said about something doesn't mean anybody is guilty. what i think from the information we gathered so far, the indications are clear that new jersey has a law when power, the power that is entrusted to a public servant is misused deliberately. it's a crime, it's a felony of official misconduct. and i think that chile there are federal charges that could be considered if the feds want to get create i, the core criminality nalt if there has been a crime is going to be under the new jersey state laws for misuse of power for an unauthorized reason when it's done intentionally. and that, reverend, gets us into a l

frank kendall pointed out china's military investment is increasing, while the u.s. is making cutbacks. >> the budget is smaller than ours, but their costs are smaller than ours. our budgets are going in thes on direction. >> reporter: kendall is in charge of buying weapons for the pentagon. he said the u.s. lead in technology is being challenged in ways he has not seen for decades. particularly in the asia pacific region. kendall said he is comfortable with the military balance in the region now, but he said he may not be able to say the same thing in five or ten years' time. >>> local residents and people in charge of a nuclear facility north of fukushima daiichi held their first evacuation drill since the 2011 earthquake and tsunami. they based the exercise on a nuclear disaster hitting the plant. the scenario assumed that radioactive substances were elised from the plant after a major earthquake knocked out all of the power. the facility is about 100 kilometers north of fukushima daiichi. participants included about 800 people from the miyagi prefectural governme

attorney kendall coffey. thank you both for being here. >> thank you for having me, reverend. >> thank you. >> assemblywoman, these are some explosive aches from the mayor of hoboken, and a strong denial from the lieutenant governor. now they both can't be telling the truth. who do you believe? >> i don't have any reason to believe that the mayor had any reason to tell anything other than what she believes to be the truth under the circumstances. >> now, she made the allegations or statements first here on msnbc. msnbc, steve kornacki first reported on the mayor's diaries. he read it, an entry, zimmer was says is right after the alleged threat from kim guadano. >> she says when it happened, she was so shocked that she wrote it down in her personal diary, which she has shared with us. here is how she describes the threat made in an entry in that diary dated may 17th. quoting from it, at the end of the big tour of shoprite and meeting, she pulls me aside with no one else around and says that i need to move forw

kendall coffey is a former u.s. attorney and msnbc legal analyst. and bob ingle is with the asbury park press. and he is the co-author of "chris christie: the inside story of his rise to power." mr. coffey, talk about the three elements here, criminality, if there was any crime committed, who might have been involved or is exposed to being charged with a crime, and what investigators might do and prosecutors might decide to do with that exposure on their part. >> well, there is still the big question of what exactly is a federal crime here. and obviously, investigators aren't sending subpoenas around unless they have some definite idea as to what the federal crimes might be. i think it's going to take development of facts to see if there are federal jurisdictional elements here. but we think they're looking at, for example, a question of whether there was some kind of extortion within a general meaning of the word of extortion that used the instrumentality of an interstate facility such as a bridge, perhaps a conspiracy to violate civil rights. they

kendall coffey, thanks very much for being with us. >> thanks for inviting me. >> so there are chargesere about false statements and obstructing the inquiry, essentially charges related to the cover-up and trying to evade justice. but it seems to me like the core charges here are basically bribery. is that correct when you look at this indictment? >> it doesn't use the word bribery, but what it's really saying is, there was an ongoing scheme to extract all kinds of personal benefits. in effect, close to $140,000 in largely cash items. the rather intriguing list of consumer items that you just detailed, in order to get favorable treatment from the governor's office. and it's sufficiently specific in terms of the kind of favorable treatment that was sought, so i think that the federal prosecutors can make out successful charges, even though the defense is going to argue, you have to have more of a specific quid pro quo here. it isn't like the governor was going to veto or not veto legislation or sign some particular bill based on your enticements. it was more of having a strategic relati

and there's kendal, and i'm not that far from her. >> reporter: police believe there would have been more bloodshed if this eighth grade social studies teacher, john masterson, didn't put himself in the line of fire and talked the young man into giving up. >> he dropped the gun. he raised his hands. >> reporter: it turns out, he may not be the only hero teacher that day. listen to another who called 911, as she comforts the girl who was shot. >> talk to me, baby. i can't let you go into shock. you have to talk to me, okay? >> reporter: if it feels like these mass shootings at schools or malls are happening at an alarming frequency, that's because the fbi says they are. between 2000 and 2008, there were an average of five a year. since 2009, the numbers have more than tripled. 16 a year. >> the children that return to school tomorrow were not the children who arrived on tuesday. >> reporter: so, classes resume here in the morning. but plenty of questions remain. among them, did the young gunman really try to warn some students to stay away from this gym? or did, as police now think, h

i want to get kendall in. there's a statement from texas alliance for life.child should be recognized as a separate person even if she were brain dead. i would favor keeping treatments going to allow the child to continue to survive with the hope that the child could be delivered alive. the bottom line is this is state of texas versus this family. >> well and of course as was just described, many states have these laws. some of them probably have some of the same kind of ambiguity that this law has. it has to be an agonizing frustration to this. what irreversible cessation which is death and irreversible condition. all of which could lead up to constitutional question. if a woman were healthy and alive, there's no doubt she would have the constitutional right to terminate a pregnant in these circumstances. given the fact that she lacks cognitive power but there are individuals, loving individuals, who are apparently unanimous, the husband and the parents in wishing to speak for her, why wouldn't they have the same constitutional right expressing her will to s

kendall coffey is a former u.s. attorney and msnbc legal analyst. and bob ingle is with the asbury park press. and he is the co-author of "chris christie: the inside story of his rise to power." mr. coffey, talk about the three elements here, criminality, if there was any crime committed, who might have been involved or is exposed to being charged with a crime, and what investigators might do and prosecutors might decide to do with that exposure on their part. >> well, there is still the big question of what exactly is a federal crime here. and obviously, investigators aren't sending subpoenas around unless they have some definite idea as to what the federal crimes might be. i think it's going to take development of facts to see if there are federal jurisdictional elements here. but we think they're looking at, for example, a question of whether there was some kind of extortion within a general meaning of the word of extortion that used an interstate facility such as a bridge, perhaps a conspiracy to violate civil rights. they've got things that the

the other, 13-year-old kendall sanders seen in this facebook photo was shot in the arm.11 she feared there could be multiple others. >> i'm sorry, i'm in a classroom. i'm trying to be quiet because i'm i don't know if they are still in the hall. >> where is she shot at? >> from the right arm and armpit, chest, she says she's having difficulty breathing. >> reporter: many contacted their parents who frantically dialed for help. >> i got a call from my daughter at berrendo middle school and a text saying she's crying because there's ban shooting. >> reporter: a brave social studies teacher put himself in the line of fire and talked the young shooter down. timone bradley, abc news. >>> some damaging testimony in the manslaughter trial of former dallas cowboy josh brent. a toxicologist testified yesterday that brent's blood alcohol level was twice the legal limit on the night he crashed his car killing friend and teammate jerry brown. the expert said a person brent's size would have had to have 17 drinks to get to that level. the investigator also testified that evidence sho

we are looking at the kendall. it really gained traction for its price.selling at a reduced price, cheaper than the cost of making the device. microsoft did the same thing. they reduced the price and they saw a spike. out,other devices coming we see it as a strong player in the space. >> another interesting thing is tablets for children. dreamworks is coming out with a new tablet for kids. what can you tell us about it? >> we're seeing that now that the tablet traffic is increasing, they will be specialized for children. there are wearable devices right now. the tablet that children will have will be the same kind of device. kendall as a future for children. it will be a specialized device for children specifically. we will see that in the next few years. >> talk to me about the tablet for kids market. his neck crowded? there is some competition there. or are people using their adult tablets with parental controls? >> anecdotally, i see that friends and family are using their old ipads for their children. they do not care if they drop them or break them.

can cope with tiny retrieve the classic siding with the old phil spector kendall wallace him the present and here's a free stamp for producers friends can be stressful eclectic mix of friends who know what to you. our tutor to see him from getting so excited for her to hear what he was clever. the nielsen said. what a great week at me sick. over the past couple of dead kids angry speeches theatrical skills consisting of stuff still step dancing at taking audiences the word over by storm. names like robert sounds of the lord that that skin teach and to national acclaim. can i go home with me as the gist of the new theatrical fashion is the story of a common theme and is joined by a large cast itself that its sales target word that some of the bag is either statues. set on tape telling passengers just makes it healthy to journey across the atlantic. this is a playful and energy fell through. does any of the small audience to this issue begins its words heard a few months and we stop and think i counted down to take to the states for the first time i leave you name some highlights from the

i knew that it was our sweet girl. >> that sweet girl is 13-year-old kendall sanders.old boy remains in critical condition this morning. >>> the family of a man killed in north carolina -- in a north carolina police shooting is filing a lawsuit in the case. the lawsuit claims 24-year-old jonathan farrell was shot ten times, handcuffed with his hands behind his back, and drowned in his own blood. >> how do i feel sitting here? i feel i shouldn't be here. my son was only here for education to better his life, to better our life. >> the officer shot the unarmed farrell after a woman called 911 reporting someone was trying to break down her door. the lawsuit says the woman did not know farrell, had been injured in a car accident and actually needed help. >>> anger over the target credit card hack attack is spreading to washington. two lawmakers calling on target ceo to testify before a committee about what went wrong. as many as 70 million target customers had their information compromised during a data breach last year. >>> in washington president obama is vowing that 201

can cope with tiny retrieve the classic siding with the old phil spector kendall wallace him the present and here's a free stamp for producers friends can be stressful eclectic mix of friends who know what to you. our tutor to see him from getting so excited for her to hear what he was clever. the nielsen said. what a great week at me sick. over the past couple of ten kids at every speech is theatrical skills consisting of additional step dancing at taking audiences the word over by storm. names like robert towns and the lord that that skippy international acclaim. now i go home and agreements with me. the gist of the new theatrical fashion is the story of iconic theme and is joined by a large cast of felt that its sales target words that some of the bike is the statue is set on tape telling passengers just makes it healthy the journey across the atlantic. this is a playful and energy fell through. does any of the small audience to this issue begins its work and a few months and we stop and think i counted down to take to the states for the first time i leave he named some highlights fro

the course of perhaps 60 months since the inception of kendall and kendall direct publishing, there haven a whole bunch of million titles sellers and people making far more income than they could have done in their previous life as normal writers. here's ab services, slightly different example, but it's the same thing, taking pinterest from this tiny little service to 17 million people with fewer than 12 people at the heart. a few other very quick examples, a lady called kerry uses a service and thanks to that, she distributes products all over the world. the tools did not exist 15 years ago. -- people were making a andificant amount of money they were helping put kids through school, etc.. not exist tools did and this new data factory is enabling a lot of that. a, this lady had a very small real estate business in san diego before the advent of the company and thanks to the services it invites her, it has allowed her not only to but torm the business buy a business. this lady is in canada. this lady has business all over the world thanks to the services house divides. square.an example

joining us now is kendall coffey, former u.s. attorney and news analyst.nk you for being with us. >> thanks for including me, rachel. >> the new jersey senate said today they need more time to prepare for kevin o'dowd's confirmation hearing to be the next general. reasonably speaking, given this scandal, mr. o'dowd's name has not surfaced directly with regard to the scandal, i should say. what should happen before they would feel comfortable holding this hearing, much less confirming him? >> well, i think there are at least three areas they have to explore very closely. none of which have been resolved yet. first of all, question of whether there was any complicity in this outrage. now, so far no evidence has indicated that he might have been implicated, but until bridget kelly is heard from, she would be the one person who an definitively clear him. other than that, he's simply saying, going to be in a position of saying self-serving things. next you have the question of how could all of this happen with him knowing nothing about it? the attorney general

the other student shot by a classmate, 13-year-old kendall sanders, is expected to be released from thepital. >> let's hope that recovery does continue. >>> new questions this morning about a fatal black hawk helicopter accident in georgia. one soldier was killed, two others injured as the chopper slammed into the ground during a routine training exercise. officials are calling it a hard landing. now we're learning the soldiers involved were part of a special unit called nightstalkers. this is the unit responsible for flying navy s.e.a.l.s into pakistan during the bin laden raid. officials say there were no known mechanical problems during wednesday's flight. >>> a new legal battle brewing this morning in washington state over the sale of pot for recreational use. the state's attorney general, bob ferguson, says cities may opt to ban marijuana businesses, despite a voter-approved state law. now, his opinion is not legally binding, but the issue could land in court. some applicants for marijuana licenses in the state have indicated they'll sue if they are blocked from doing business in w

switzerland, im spoke to the bbc's diplomatic correspondent bridget kendall a short time ago.hat impact will these allegations of torture committed by syria's forces have on those talks? havell, i think they do the potential to overshadow them. there has been a fair amount of criticism from people, foreign ministers who will be here hague fromom william britain, for example, from an american spokesman, being critical of the syrian government and saying this looks like serious allegations that need to be looked into. i think the organizers, the united nations secretary-general and his special envoy, will try very hard not to let it hijacked the conference. they want this to be a meeting of these two syrian delegations for the first time, one representing the syrian government from damascus and some of the opposition. it has been so hard to get them together. they don't want the moment they get together to be an almighty row. they will try to make sure it isn't too much of a distraction. >> bridget, as you say, the two sides are there, but can the talks achieve anything more tha

i want to bring in jonathan capehart and columnist bob ingle and msnbc legal analyst kendall coffee.r a while and we heard him apologize and take responsibility and even heard him say over the weekend this has been like being hit by a 2 x 4. where do you see him standing right now in this scandal? >> i think he's hoping that it will all blow over and nothing will be directly tied to him. >> so when he said over the weekend that he's readier, if that's a word, the way he put it, than he was in 2011 to be president, do you think that he believes he can still run for president? >> i think he thinks he could. i think he's been looking at it for a long time and if he doesn't do it now, when will he do it? i think they are hoping against hope it's going to go away and not tied directly to him and he can get back on track in maybe a year or so. >> we're expecting this to start any minute. but let me get a quick thought from you. we know -- at least it's been suggested to us, the governor is not going to mention the bridge scandal. anything he can say or do today to start moving this thing i

ke kendall van keuren-jenses is on the research list. >> reporter: we were shown data that illustrates how this technology might have helped one of the players in the study. these are the head impacts recorded in his helmet over several weeks. one hit was the equivalent of four times the punch by a heavyweight boxer. the hardest impact received by any player in the study. he continued to play and was diagnosed with a concussion ten days later. the researchers told us they should have preliminary data in a few months. and will publish their findings several months later. dr. jon lapook, cbs news, new york. >>> coming up on the "cbs morning news," embarrassing exit, electronics show. this is the "cbs morning news." during the consumer electronics show. this is the "cbs morning news." . when i was diagnosed with psoriatic arthritis, my rheumatologist prescribed enbrel for my pain and stiffness, and to help stop joint damage. [ male announcer ] enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, ner

in the course of perhaps 60 months since the inception of kendall and kendall direct publishing, there have been a whole bunch of million titles sellers and people making far more income than they could have done in their previous life as normal writers. amazon web services, here's a slightly different example, but it's the same thing, taking pinterest from this tiny little service to 17 million people with fewer than 12 people at the heart. a few other very quick examples, a lady called kerry uses a service and thanks to that, she distributes products all over the world. the tools did not exist 15 years ago. air bnp -- people were making a significant amount of money and they were helping put kids through school, etc.. again, the tools did not exist and this new data factory is enabling a lot of that. trulia, this lady had a very small real estate business in san diego before the advent of the company and thanks to the services it invites her, it has allowed her not only to transform the business but to buy a business. this lady is in canada. this lady has business all over the world

counterparts who instead he said the general of the european union external said that such action kendall smith's but we also netted that's besides the higher level officials to be represented here doing his brother told they'll also be a tri level meeting to be wrong. the eu and the way it is expected that to you is that if the city of state to twenty shannon will be seeing the iranian and u officials during these two days of talks said india's that this is a higher level negotiation more on that site and all the technical details of the expert level that we have been experiencing during the last months and at this moment of the talks the scene not to have that started off chilly gets but we are waiting for the further development at anytime from now darlings. it's all an adult was in runs and sixteen with the school sunday's meet the safest likely to succeed in implementing the miliband to go. well at the scene said rwanda of negotiations. our implementation of these deal to steal it's not near east and the son of negotiations and in the ancient greeks who on the exact dates of these im

that could happen right now still to come in the program cross my heart and hope to die politicians kendall played with to get ethics training in the hope of putting morals any integrity bag into public life. it's known as the roller coaster of winter sports but you won't see any screens stunning new ski jumping center and sochi will make spectators hold their breath while competitors fly through the skies i just came back from the olympic venue where i took a closer look at how the jumps are being readied for the action. if the thought of jumping off a ninety five need to ramp doesn't. then maybe a one hundred twenty five meter trick. these are the highs after these will be braving the winter olympics in sochi the russkie team junkies and tell me she sportsmen and women flying with wings. the name. which translates to russian mountains in the english is quite fitting as the events held here and known as the roller coaster of winter sports but will they be enough snow for a little distance. on the field as you can see. it's interesting. joyce. and. utilizing the well. water machines that ar

speaking of the most ideal conditions kendall's the frame. how droll avoid the worst call form of unification. on the experience of the front sight of an extreme its destructive quinn will owe more than sixty years ago deeply ingrained in the hearts and minds of korean people one four size of tea and see that unification of tempted by fortune people avoid it at all costs. this should be the starting point of a new disc was on unification inquiry. others i suggested a federation model where the two koreas exists side by side with that look like the soviet union or like the commonwealth. most of that to come federation mall bill proposed by south korea use com. dallas become very close to the mall the other european union and the submission mona on sunday by a nose couldn't use of my creating a unified korea very similar to the united states. i would like to repeat that. past for the ultimate goal is a very important. then mark on the flow of ultimate form of unification. how will he or she is because in case of a time now. and though united st

the other victim has been identified as 13 year-old kendall sanders. >>: my heart fell to my stomach because at that moment i knew. i knew it was our sweet girl. >>: she was shot in the shoulder. officials say her condition was upgraded to stable after surgery. after seeing her friend get shot one neat soap siegel says she's afraid to go back to school. >>: i want to go there anymore because of what happened. >>: she said she knew the shooter was being bullied. the shooter may have for some other students not to go to school that day. >>: we have not cooperated that. i do not have a definitive answer as to whether that happened or not >>: the roswell community holding held a vigil praying for the victims' and printing a teacher who was said to have taught the shooter and to putting down the gun. i'm andrew spencer reporting. >>anny: the time now is 416. happy wednesday everyone. we saw some record temperatures yesterday. here is their echo with our forecast. a lot of '70s expected to read it >>erica: right now we are seeing a lot of variation and the numbers. take a look here. we hav

. >> tell all of your friends and never realized again dead better deal for me on amazon kendall so i hope we sell a lot of these books. >> i will catch you later. [inaudible conversations] >> i will bring that back. i will bring it to you on friday. [laughter] so the you are big parts of the story i have almost one a whole chapter just on you. i am not kidding. in january 1989. >> i remember the breakfast. >> july 14, 1987. that was the hidden day for the movement. >> we will see one friday. >> it is already signed but i will personalize. >> i know that you are not dead. [laughter] >> not yet. [inaudible conversations] >> good evening. the thank you all for coming. good evening. i am pinch hitting as a host for the hostess with the mostest and her wonderful husband. we are incredibly grateful for connie and everything she has done for this city, country, the new democrat movement, she is a magnificent philanthropist and a great citizen with the biggest heart and a laugh washington has seen in a long time. it is a shame she could not be here tonight because of data for remarkable proj

victims, 13-year-old kendall sandsers is out of surgery. her continue is stable. the name of the second victim, an 11-year-old is not being released. he underwent two surgeries, he's in critical condition with injuries to his neck and the side of his face. the school is closed as investigators try to figure out how and why this happened. >> hundreds gathered and prayed in a vigil held in new mexico for the two young children. >> i seen them run in there. classes were barely underway when the shots ran out. many of the 200 students were inside the gym when witnesses say a 12 year-old 7th grader shot two opportunities before turning to face a teacher. >> i'm john master tonne. i've taught for so years. >> the social studies teacher is hailed a hero, stopping the shooter. >> he heres the first shot, thinks it's a firecracker. he turns and sees the young man shoots and shoots, and then is pointing the firearm at mr masterson. mr masterson talks to him to get him to put it down. the young man put the gun down and raised his hands. >> buses shuttled students to a mall t

the experience of washington politicians with the sumner brooks kendall also help us understand the second aspect of the washington fraternity and that is that politicians could be isolated from what was going on back home. although sumner and brooks were from the north and south respectively, the difference between the two places is not as dark in washington itself. what senators and congressmen came to washington, is almost impossible to avoid becoming friendly with people around section. the washington community operated in such way politicians were forced into the regulars. dinners are overwhelmingly cross-sectional. both men and women that came to washington were required to purchase the system of washington socializing is part of the etiquette of the day. so if you were, for example, a member of the house of representatives, it was your duty to call and members the senate, cabinet members, justices of the supreme court and the president. he had to, and each of them and they had to call back on you. the result of this review had to get to know people. he had to have the opportunity to

the other is a 13-year-old kendall sanders shot in the arm the staffer that rushed to help her told 911he feared there could be multiple shooters. >> i'm trying to be quiet. i don't know if there are more. >> she is having problems breathing. >> frightened kids contacted their parents . >> i got a call from my daughter. she's crying saying someone is at school with a gun >> authorities say the weapon was a 20 gauge shotgun. >> handle was sawed off. >> officials say it could have been worse if not for a brave teacher who put himself in the line of fire and talked him down. authorities say they found evidence the shooting was planed and are deciding on charges tonight. a senate investigation says the deadly attack in benghazi, libya was likely preventible and blames u.s. diplomats and cia for poor communication and lax secrecy for weeks leading up to the attack the chair says officials ignored threats despite warnings. >> security was inadequate. and should have been beefed up based on what is called trip wires. >> the report says ambassador stevens rejected offers by the military for mor

one of the victims was a 12-year-old girl, kendall sanders. she now in stable condition. the other victim is a 12-year-old boy and his family asked he not be identified. we understand that he suffered injuries to his face and neck and remains in critical condition. during the press conference the government talking about a teacher in the gym at the time of the shooting and he's been hailed a hero. >> i visited with mr masterson, john masterson. he was an amazing man. he was in the gym on the gym floor. the eighth graders were on one side of the gym. he was facing away from the shooter and the shooter facing away from him. he hears the first shot, thinking it was a firecracker. he turns and sees the young man shoots and shoots and is pointing the firearm arm at mr masterson. mr masterson begins to talk to him to put it down. the young man put the gun down and raised his hands. >> at this hour, once again, the suspect is in the custody of new mexico state police, pending charges. >> stephanie stanton, thank you. >> now to nigeria. making news for its policy against home sex

she and kendall modelling in that. they had press right?they asked cassidy, describe you're mother. she goes, she's a freak. let's not do anymore of those interviews, okay. she said she's my freak, and i love her. she's right. don't let your children speak. it's not good. >> all right. here's something. there was another survey that was done. this is interesting. most men would give up beer and porn for thicker hair. that shows how much men love their hair. they sacrifice beer and porn to have a good hair of head. almost three-fourths of men worry about thinning hair and would give up something to stop it. how about that? 8% would give up sex. >> they would give up thinning hair to go out and have sex? women like them better with hair? it makes no sense. here's the thing. i'll take a bald guy any day than someone sitting around drinking beer and watching porn. who would want them to begin with anyway. the sexiest bald man on the planet. i'm going to say it. >> say it. >> it's fine. i love my husband. i'm going to say it, ed harris. >> oh, y

and 13-year-old kendal sanders now in stable condition after being shot in her right shoulder. >> it brakes your heart -- breaks your heart to see this trajgy. >> reporter: ten seconds of terror as heros like 8th grade social studies steecher john master son bravely stair down the shooter's gun. >> he begins to talk to him to put it down. the young man put the gun down and raised his hands. at that time he put the young man against the hall. >> reporter: another sustained injuries, but refused care. >> i commend the principal and the people who work at this school for saving many more lives. >> we know that we need to pray for two children. >> reporter: after becoming the latest american town rocked by a school shooting. >> please keep these two children in your prayers who were shot while simply sitting in their gym waiting to go to class. god bless those kids. >> reporter: and police now settle that 12-year-old shooter in custody and they continue to search all of his belongings and also looking at social media for anything that he may have said that could give a motive for why he

kendall sanders was upgraded to stable last night and is still in recovery.uries to her right shoulder. the other child is 12 years of age, and the parents have asked that we officially not gave his name. they have asked for privacy. the child is not -- he is in worse condition than kindle and is still listed in critical condition. he suffered injuries to the side of his face and his neck. and i can continue to ask all new mexicans to please pray for this young man and for kindle. we want to be able to welcome them home. we don't want this to be the extreme tragedy of losing either one of them. the family of the young boy has asked for their privacy. they don't want to be bothered right now. they're very, very focused on making sure their little boy is being taken care of. pete kassetas will be talking about the investigation. the secretary and i have been with teachers and other personnel in the school, in the library earlier today. we met with them because they had someone here with expertise on how to deal with critical situations, how to talk to kids, how

the political philosopher kendall says the american people are center-right in their hips, in their constitution, if you will. and i think the argument that we make in this book is, if conservatives could just give americans some philosophy and the ideas for the heads and their hearts, that would match up with her innate conservatism in their hips, then conservatives might have a hopeful future. so that's our book. that are essential case, and i'm happy to open the floor for questions, comments. you don't have to form it as a question if you just want to make a comment, that's great, just don't go on superlong. let's open the floor to see what you might want to say. yes, sir. >> you spoke of checks and balances, and i would say this administration has been very good at the workaround you're talking about. everything is executive action. discretion expanding -- spending. the nuclear option yesterday i think is analogous. how can congress claw back some of the authority or the power to delegate over the past few years to this administration? >> unfortunate this is not a republican or democrat prob

the other kendall sanders is expected to be released soon. >> hollywood hypocrisy, harvey weinstein whoade pulp fiction and reindeer games now setting his sights on gun owners. he said this country does not need guns. he has a secret project now to destroy the nra. >> i shouldn't say this but i will tell it to you howard, i am going to make a movie with meryl streep and we are going to take this issue head on and they are going to wish they weren't alive when i am done with him. weinstein says he does not own a fire gun. >> that brings us to our look who is talking. ted cruz responding to harvey weinstein's secret movie plan saying this last night on the record. >> the great thing is the market will take care of it. the left wing propaganda films they never sell any tickets. if he wants to lose money preaching. the hypocrisy of a rich hollywood producer that lives in a fancy neighborhood with all sorts of police protection says he doesn't own a gun but i bet there is good odds he has armed security around him. >> we want to know is harvey weinstein's attack on the nra a double standard?

california keeping an eye out on potential hot spots this morning after a wildfire ripped through kendallwhat started as a 10 acre brush fire quickly grew because of all of the strong winds in that area. three homes several buildings and up to 50 acres were destroyed before the flames were put out last night. no one was hurt. >> more spying from the national security agency. the agency reportedly implanted software into 100,000 computers worldwide. but they say the software has not been used on u.s. computers. the new york times sited nsa documents calling the move an act of defense to monitor other country's armies drug cartels and protect from cyber attacks. >> the media shield bill inspired the foxnews.com reporter goes to court today. the bill from senator bernie herpin will strengthen legal protection from reporters and their sources in colorado. he says he brought the proposal forward because of the case of fox news reporter janna winter this after winter was threatened with jail time for not giving up sources for reports about the colorado movie theater shooting. the senate judicia

kendall. >> and are these friends of yours or people you just know at the school? >> they're friends of mine. >> so you saw the shooter. we're not going to name him at the moment. so don't use his name. but do you know the boy who used the shotgun? >> yes, sir. >> and did you have any indication when you saw him arriving with his bag that he had anything wrong with him? that he was angry or agitated? >> i don't know about that. >> did you actually see any of the shooting, or did you just hear the shots go off? >> no. i seen the shootings. >> so you saw this boy shooting your two friends. >> yes. >> what did that feel like to you? it must have been terrifying. >> i was in shock when i seen it. >> i want to emphasize at this stage that we asked your mother for the permission to talk to us. and she gave us that permission. obviously very difficult to interview any young people in this kind of situation. but tell me, monique, after you saw the shooting happened, who actually stopped this boy from shooting more of the students? >> one of the staff went running and told

uninhabited with no structures and last week three homes and outbuildings were damaged on neighboring kendall island as you may recall. >>> caltrans is facing new accusations tonight with the faulty bolt and rod scandal. report claims that there were efforts to silence the critics of the bay bridge, and this report says that caltrans' managers fired critics and reassigned outspoken engineers. they say that the oversight committee was given exemption for transparency and accountable. outside consulting firm worked on the transportation committee and they are set to the discuss that report friday. >>> and a new report on bicycle chop shops that we brought you last night on abc 7 news. san francisco police are saying why they are not doing more to do with these brazen criminals operating in broad daylight and what you can do. here is jonathan bloom. >> a man apparently disassembling bicycles that may or may not belong to him. >> they strip the parts off of it and put the components in bins and stacks. >> reporter: and this man stumbled upon to operation while looking for bikes stolen from him an

kendall, is calling an acquisition disaster? what are the steps? anyone. how do you get rid of the wasteful item in the budget? how would you do that? >> one of the recommendations we have is to reduce the cost growth in the major defense acquisition portfolio by 20% over five years. gao has done work on this. it's simply changing the way that procurement is achieved at dod and it's been an ongoing problem for many, many years. the big operation, were happy to work this committee and others to try to reform it spent any other? how do you get rid of the wasteful acquisition? how do you get rid of the? you've identified. now how do you get rid of its? >> i don't know if it's fair to put this hold on dod to is probably going to require congressional action as well. you're talking about these massive weapons system, a lot of program interest that were involved. it's extraordinary difficult but i think congress needs to run point. we a significant number of weapons systems and other things being done by dod that they safety do not need and they do not want, yet

we saved $4 billion on expendable launch program which is a tribute to ash carter and kendall's work. even with our most ambitious efficiency targets we still have more of this gap that we have got to fill and as senator inhofe pointed out the compensation is slowing is only a very small part of that gap. >> let me say the other thing i want to talk about is the national guard. going through the horrible chemical spill that we are going during west virginia right now was the guard that was the frontline defense for our state and it always has been and i think every state will go with the same. with that being said i'm concerned the recent reports of the army wants to move apache helicopters out of the guard and cut 40,000 troops from the guard when i look at what we are doing with contractors, private contractors and the department of defense and it's been a real problem for me and really a thorn to think that we are going to be maintaining our contractors size while cutting men and women in uniform. also the guard it just makes sense with the climbing budget. you could use your guard

the next time kendall or jay or one of the managers says, go out and stand outside in weather that will just say no. >> you know, shepard, we do this so other people don't have to. >> oh, rick, you are so kind in benevolent. the 54th? >> that's correct, sir. what about you? >> you know, pushing 5-0, bro. we used to celebrate birthdays together, but then it got cold. so, we stopped. rick, stand by just in case there are cold developments and then we'll come back to you periodically throughout the hour. >> we will. >> the five has requested you be on standby for them as well. it's very warm in "the five" studio, but fox newsen confirm rick i coal. >> for -- tips for anyone outside. doctors save if you get frostbite, -- back up. if you get frostbite, you should try to remove rings and other jewelry because frostbite can cause serious swelling, preventing you from removing rings later that i would have to be cut off. they also say drinking alcohol will not warm you up. drinking alcohol will not warm you up. it can expand your blood vessels in your skin which can cool you down. do not rub yo