there you see the legal team for mr cosby. mr| see the legal team for mr cosby. lder than the man that went into prison a couple of years ago. the legal team feel vindicated by today's decision at the pennsylvania supreme court and saying that mr cosby now looks forward to being with his wife and family again. there you go, thus pictures coming in from montgomery county —— montgomery county. a further 4 bodies have been found in the ruins of the collapsed building in miami, which brings the total number of dead to 16. but nearly a week after the building fell, more than 150 people are still missing. rescue teams say this is still a search and rescue operation as they continue to claw by hand through the rubble for any survivors. we can speak to surfside's vice mayor — tina paul who has been highly visible around that site through the week. vice mayor, i watched an interview last night with the fire captain which was hard to watch, actually, he was almost in tears. the futility of it all, emotionally draining for his team, physically exhausting. you must be full of

were you with mr cosby when you found l with mr cosby when you found out? ., , ., , with mr cosby when you found out? ., , , out? i was not in this prison cell, out? i was not in this prison cell. so _ out? i was not in this prison cell. so no. _ out? i was not in this prison cell, so no, what— out? i was not in this prison cell, so no, what i - out? i was not in this prison cell, so no, what i did - out? i was not in this prison cell, so no, what i did see l out? i was not in this prison i cell, so no, what i did see him shortly after he was released, and he is obviously very happy to be home. he said his heart was beating very fast and it has not stopped beating very fast. he was surprised. he was actually informed of the decision from fellow inmates, who had herded through the prison pipeline, i guess... he did not have a radio or phone or tv to get the news himself? correct. he heard from fellow inmates. what does he plan to now? —— what does he plan to do now? i think right now, he is gone to lalo, recuperate, enjoy some time with his family, his wife,

her father was in prison with mr. cosby. he sent a message to mr. re he left today -- >> neil: a couple of questions directed at bill cosby but lawyers or the staff here don't give him a chance. when he does speak, i'm going to take you to that. we're going to ken bilken. what do you think of this, out of the blue? >> look, i think we have to divorce ourselves from the emotions of the allegations and look at the legal procedure mounted against him. if you look at it, there was an agreement in 2005 with the district attorney. he felt they didn't have a case to prove beyond a reasonable doubt. so they agreed they wouldn't prosecute him. flash forward to 2016, they reneg on that agreement and decide to move forward with the prosecution. first trial, hung jury. they say hey, we're going to get a second bite. second trial, they bring in five witnesses. they didn't have at the first trial. five witnesses alleging other incidents that mr. cosby took part in that he was never charged with, never convicted of. just allegations, this is a just decision. there

mr. cosby will speak, although we were just told by a representative of the family that he's napping at this point. but a spokesperson did say, praise jesus, to one of our producers, he's innocent. now, let me be clear, the higher court in their opinion did not say cosby is innocent. it's just that his conviction was vacated. in fact, the district attorney who brought those charges in 2015 against him released a statement saying, he was found guilty by a jury and now goes free on a procedural issue that is irrelevant to the facts of the crime. prosecutors in my office will continue to follow the evidence wherever and to whomever it leads. and this is something that was also echoed by gloria allred. >> more than 50 women have publicly accused cosby of assaulting them or raping them. was andrea constand's case the only one that can make it to court, that did make it to court? could any of these other women file charges or whatever and ultimately end up sending bill cosby back behind bars? >> jake

mr cosby was promised he would not be prosecuted. therefore this prosecution is gone.the issue came up prior to the trial, it was determined for whatever the reason, a reason that quite friendly many of us in the defence part disagreed with, that, in fact, it was not enforceable, that it was a promise that would not be recognised and that the new district attorney had the power to say no, that there was never an agreement, it was not in writing, it was not a proper agreement and therefore i do not recognise it. and again the supreme court said, no, i do not think so, that's not the way we do justice. do not think so, that's not the way we dojustice. pare do not think so, that's not the way we do justice-— do not think so, that's not the way we do justice. we do 'ustice. are you surprised by what we do justice. are you surprised by what the sprinkler _ we do justice. are you surprised by what the sprinkler decided? -- - what the sprinkler decided? —— supreme court decided? i am what the sprinkler decided? -- supreme court decided? i am not the least bit surprised. _ sup

mr. cosby's deposition, which we have every intention to.eme court, the ruling is rooted in a decision made by bruce castor, who in 2004, 2005, was the district attorney for montgomery county, pennsylvania. and he decided according to castor that he could not successfully prosecute andrea constand's case against cosby for any number of reasons. the decision goes into inconsistencies in her testimony and the like. and ultimately what he decided to do was announce that he was not going to prosecute, thus taking away cosby's ability to invoke the fifth amendment of the right against self-incrimination, thus forcing him to have to participate in a deposition in a civil case. i have a few questions about this. the first one is, do you agree with bruce castor's assessment that he could not have successfully prosecuted cosby in 2004, 2005 because of inconsistencies in constand's account of what happened to her and the like? do you agree with that? >> no, i do not agree. and, as a matter of fact, i noticed that in the pennsylvania supreme court's de

mr. cosby was convicted in 2018. was the first high-profile sexual assaults trial in the aftermath of the #metoo movement which saw women speaking out. michelle, we saw bill cosby appear in public, he did not say much. but how are his legal team reacting? >> lawyers said this is justice being served. their client spent the last two years here. he was serving three to 10 years for three counts of sexual assault for drugging and molesting. that was the only case despite various accusers leveling charges over the years. the judge came out in pennsylvania's top court and said because of the deal he had reached with the previous prosecutor, the trial should never have taken place. laura: is there any reaction from the victim? reporter: we have not heard from her, but gloria allred came out and said she could not imagine how the accurs felt, especially those who testified. obviously as you point out, this was a momentous moment in the movement. it was a chance for women to speak out. for mr. cosby, this is an opportunity fo

mr cosby, once known as america's dad for his role in the cosby show, was convicted in 2018 of assaultingnd. his was the first high—profile sexual assault trial in the aftermath of the me too movement, which saw women speaking out against alleged sexual abuse by powerful men. michelle fleury joins michelle fleuryjoins me now. we saw bill cosby in public, he did not say much, but how is the reaction? 15 much, but how is the reaction? iis lawyers are saying this isjustice lawyers are saying this is justice being served. earlier on a few hours ago, he left here in carson headed to his home in the suburbs of philadelphia. he was serving at the time 3—10 years for his being convicted on three counts of sexual assault for drugging and blasting andrea constand back in 200a. —— drugging and molesting. that was the only case he was convicted, despite various accusers leveling charged at him over the years, and a judge came out from pennsylvania's top court and basically said that because of a deal that he had reached with the previous prosecutor, the trial should never have taken place in the firs

a short time ago the decision to free mr cosby came after the state supreme court felt that a agreement had been agreed not to charge us or cosby and that the witnesses tainted the trial. the reasonin: the witnesses tainted the trial. the reasoning is _ the witnesses tainted the trial. the reasoning is notjust that the witnesses tainted the trial. the reasoning is not just that there was an agreement by a prosecutor in pennsylvania not to prosecute. that is certainly — pennsylvania not to prosecute. that is certainly a big part of it, but there — is certainly a big part of it, but there is— is certainly a big part of it, but there is a _ is certainly a big part of it, but there is a final point on the pencil which _ there is a final point on the pencil which is _ there is a final point on the pencil which is that in relying on that agreement not to be prosecuted, he then went _ agreement not to be prosecuted, he then went ahead and gave testimony in numerous civil depositions. as a criminal_ in numerous civil depositions. as a criminal lawyer for 35 years both as a prosecutor and a defe

rather than a comment on the truthfulness of the obligation that was being made, but nonetheless, mr cosbynow he's not. no, that's well put. but let me _ and now he's not. no, that's well put, but let me break _ and now he's not. no, that's well put, but let me break this - and now he's not. no, that's well put, but let me break this out. and now he's not. no, that's well put, but let me break this out for the audience. there are two completely different discussion. actual guilt, moral guilt and legal guilt. the point is, it's pretty clear that everybody that is morally guilty, factually guilty, in fact guilty, factually guilty, in fact guilty of what they said he did. as a legal preposition when you endue somebody to make statements on a promise that won't be charged, and they renege on that charge, that's just a big legal mistake. but to your point, which is very well stated, this is not a reflection on whether or not he was guilty of the crimes. people universally, and all my years, have a tough time. they think an appeal is to say wait a minute, he really isn't guilty. that's not what

charges should have never been brought against mr. cosby. i want to thank the attorneys who successfully argued his appeal and especially mrs. cosby who stood strong and was he every step of the way and supported every strategy from the attorneys and the team and always knew that mr. cosby was innocent. that's the crux of it. essentially the appellate court deciding that this deal made with the then montgomery county district attorney bruce castor, who may be a familiar name because he represented president trump after the insurrection, essentially that happened back in 2005 with cosby which allowed him to then feel like he had immunity to then go forward and give these depositions where he incriminated himself. then those depositions were then used against him when charges were basically brought forward more than a decade later. that's what the appellate court is saying was that his due process was violated. so this is really just stunning at the moment. but what we are hearing is this 78-year-old -- or he's in his 80s. >> he's 83. >> 83-ye

castor has nothing to immunize mr. cosby in and when you look at it that way and the fact that all of the statements that mr. cosby made in his deposition regarding andria constand was exactly what he made to the police moments when he was interviewed, i don't agree with the fact that he made an agreement and waived his fifth amendment right to self-incrimination and he did. he made no incriminating statement in the jurisdiction by which bruce castor had the authority to immunize bill cosby. as i look back i have no regrets and that might be because because i honor and respect the decision of the justices, i have to respectfully disagree. >> all right. kristen gibbons fedden, thanks so much for your time. greatly appreciate it this afternoon. >>> our other top story this hour right now, the house is voting on a select committee to investigate the january 6th capitol riot. we'll be live on capitol hill with that and more. we're also keeping a close eye on the trump organization at this hour which could be hit with criminal ch

sort headed on the highway and we believe but don't know for sure that the car has inside of it mr. cosby headed to his home outside of philadelphia. and anne thompson, what do we know? >> i know that andrew wyatt who is cosby's spokesperson who issued a statement earlier today said that he was at the prison about to pick up bill cosby when he is going to give us that statement about a half hour ago. but can you imagine what this is like for bill cosby who has been in a state prison in pennsylvania to actually be free, and not just be free, and the convictions have been vacated by the pennsylvania supreme court, and this is a complete legal victory for bill cosby. he cannot be retried for the alleged sexual assaults of andrea constant, and what a feeling it must be for the former comedian who is now 83, and suffering from some eye disease that has rendered him, and certainly diminished his eyesight, but he is headed to his suburban pennsylvania home, and what a moment it is, geoff. >> yeah, yeah. and we should say, again, we don't know for sure that bill cosby is in that car, but we know

today in a sense came to mr. cosby we know he never should have been prosecuted, they pulled the rug out from underneath him because of politics, the court of public opinion and that is not how our system should operate. >> jesse: the actor once known as america's dad returning home after being let out of prison on a technicality, the pennsylvania supreme court overturning his 2015 sexual assault conviction. the court ruled that a nonprosecution agreement with the previous prosecutor should have prevented cosby from being charged in that case. the jury found cosby guilty of drugging and raping at temple university sports administrator at his house in 2004, the first person to fall in the #metoo movement after dozens of women claims that he drugged and molested them but now the 83-year-old is now free man. dana, we heard from the cosby team out there in the driveway in pennsylvania. a kind of making cosby out to be the leader of the me too movement if you take them at their word. >> dana: i understand winning a case, yo

. >> mr. cosby has always used his celebrity, his name, his likeness to uplift women.ho refused to perform at the white house nixon. nixon put him on auto many list in the 1960s. how could a man watched by the fbi every day be raping and drugging women in the 1960s and 70s as a black man. >> jesse: what that has to do with the conviction i have no idea. tammy bruce hope and mark mayor goes have some answers. all right, mark, so many people understand years ago the local d.a. there cut a deal said i'm not going to prosecute cosby, didn't think he had enough evidence to gate conviction. that was to compel him to testify in the civil case. cosby said okay you are not going to throw me in prison. i will testify in the civil case. in the civil case deposition he said yeah he used to give women quaaludes and sleep with them during dates and so years later new prosecutors came in and took that scrapped the other non-prosecution agreement and then indicted him on these rape charges and the supreme court of pennsylvania tossed the whole thing. do you think that was a good deal

what that means is, the jury would be instructed by the court, mr. cosby sit for his deposition, you can infer his liability. and the other thing i would want to point out is that, in fact, he didn't cooperate. they had to file several motions to compel which led to the unseeing of the deposition ultimately. we know that he didn't cooperate. >> kristen, i'm going to let you know. i appreciate you spending a couple minutes trying to explain -- unravel this for us from your perspective. really appreciate that, getting on the phone. i'm going to bring in our lead reporter on this now and, of course, our legal political analyst here at msnbc, ari melber who is host of "the beat" and ron allen with us. ron, give me some tick-tock here. is bill cosby going to be released in hours? >> that's unclear at the moment. i don't know how quickly this is going to happen, but obviously this is something that cosby and his supporters have been fighting for for years, which is why they have appealed this all the way up to the pennsylvania supreme court. you know, we do know

mr cosby served more than two years of a sentence in a state prison near philadelphia. he originally had been found guilty of drugging and molesting a woman in 200a. officials in northwest canada and the united states are warning of the threat of wildfires following days of record—breaking high temperatures. british columbia in canada reported 100 excess deaths thought to have been caused by the heat. dozens of people have died as a result of the conditions. the former us defence secretary donald rumsfeld has died at the age of 88. he was one of the architects of america's war on terror. he had a key role in invasions of afghanistan and iraq in the early 2000. he served under president gerald ford in the 1970s. now on bbc news, it's time for hardtalk. welcome to hardtalk, i'm stephen sackur. eight decades after the slaughter of millions ofjews began in eastern europe, the truth of what happened is still denied by some. my guest today is a silvia foti, an american writer whose grandfather was lithuanian — a man hailed as an heroic patriot who paid with his life resisting

that looks like mr. cosby, is it true that you drugged my client so you can rape her?fifth. that's going to hurt you in front of a jury? i don't think so. it is an astonishing decision. it appropriately points out that there was no writing about this until 2015 and you mentioned the old da who's linked to this deal can't make it up. this is as trump impeachment lawyer who many felt was grand standing about some of this. here is what he sounded recently in that case. >> you can see how powerless many of us feel, this is for all people who have been imprisoned wrongfully, regardless of race color. >> i am the lead prosecutor, council, we still know what records are. on the thing you put the needle down and you play it. here is little bruce 8 or 9 or 10 years old. why i got lost then. nebraska, you are going to hear is quite a judiciary thinking place. >> wow, your final word for what this means and wow, what an unusual deplorable outcomes that only seems to happen in these cases especially when defendants -- >> that's my last word, it is shocking. i have heard by so many

, i'll try to translate into english, whatever you think of what happened, whatever you think of mr. cosbycase the district attorney, did extend him this position and he relied on it an that was the reason they would be vacating his conviction. >> to re-emphasize that does not mean that what he was convicted of did not happen, that andrea's complaints were not real. it means there was this prior agreement that he relied on and for technical reasons, if you will, technical, a broad description. thank you for that. >> thank you. >> that means that he is cleared to get out of jail. >>> ari melbourne thanks to you. that does it for this edition of "andrea mitchell reports." chuck todd will follow up next with "mtp daily." p next with "mtp daily. front desk. yes, hello... i'm so... please hold. ♪ those days are done. ♪ i got you. ♪ all by yourself. ♪ go with us and find millions of flexible options. all in our app. expedia. it matters who you travel with. ♪ ♪ dry eye symptoms keep driving you crazy? inflammation in your eye might be to blame. [inflammation] let's kick ken's ache and burn into g

looked at this, what was it that they said the court, in making the original decision that sent mr. cosbyprison, had overlooked? what didn't happen here that was supposed to happen? >> well, what the pennsylvania supreme court did is they construed one of castor's press releases, which he signe to be some sort of agreement. so, normally, as a prosecutor, if you wanto get past someone's fifth amendment privilege against self-incrimination, usually offer them immunity, then the privilege goes away because there's no risk of criminal prosecution. or do a non-prosecution agreement, what acosta gave to epstein in miami, but a decision not to prosecute, that's something that prosecutors do every single day, and to issue a statement to the press in a high-profile investigation like bill cosby, that's something that's routine. so what the supreme court did there in pennsylvania is to say that that was actually an agreement which was shocking because normally an agreement requires a criminal defendant to give something up, and bill cosby really gave nothing up here aside from testimony in a civil

mr. bill cosby has to do with his -- frankly his wealth, has access to a top-notch sharp legal team who iso exhaust every avenue and keep fighting versus somebody who is an average american who will be bankrupt and wiped out by an average legal defense? >> you know, i don't think it could be and all at this point, because in the country when you are indigent and you are accused of a crime, you get free counsel. and could be the council of the choosing, but what won the day was not trial counsel, what won the day for him was his appellate team, because they were able to go over all and get the supreme court in pennsylvania to look in my personal opinion was the right thing. so we don't think it is so much they are, but what played into it, the fact that everybody's mind, as a fact that you have an elderly sick individual who is -- if you do you think he is guilty, he is not going to go out in committee anytime, and he can't see and can barely walk. that was probably spinning in the background a little bit. but he won this case on the law. >> shannon: i am not a member of the pennsylvania ba

those 12 jurors who were peers of mr. cosbya constand looked him in his face after hearing her testify and said guilty, guilty, guilty. yes, while the guilty conviction no longer stands, behind that guilty conviction is their finding that he drugged andrea to the point that she was incapable of consenting and then sexually abused her. >> kristen, thank you so much. it's a difficult thing to understand, it's a difficult day. and again, my thoughts are with his survivors. thank you so much for helping us understand today's developments. >>> we're going to turn to one more story this hour. sources are telling nbc news that tomorrow is the day. tomorrow in new york city the manhattan d.a.'s office is expected to charge the trump organization with tax-related crimes. one person has told nbc news that the charges are expected to be filed around 2:00 p.m. eastern. it is unclear whether or not the trump organization's chief financial officer and long-time trump associate, allen weisselberg, will also be charged criminally. weisselberg

eventually this is where it would end up mr county and i had many, many talks over the last couple of years. i predicted it and we're here. it's a good day for the cosby family, have it. well. cosby's d more than two years of a 3 to 10 year sentence. the move upends the first high profile celebrity conviction of the me two era. joining me now is tmz's harvey levin to dive more into the reason behind this, harvey. thank you for joining us and first. what's interesting in this? it stems from an agreement as we mentioned from a civil lawsuit more than a decade ago, but the agreement wasn't really in writing. so how was it binding in this case? well, it was binding for a whole bunch of reasons, andre. so look what the first thing you've got to understand this. this doesn't mean the court said he's innocent. they're not saying that they're saying he was denied fundamental due process, and here's why that when the when andrea constand sued bill cosby, she wanted to take his deposition. bruce castor, who was the d a at the time. um, knew that bill cosby was going to invoke his fifth amendment right against self incrimination so constand could not do a deposi