mr. fisher. >> mr. chief justice, may it please the court, last term in tims against indiana, this court reaffirmed the well settled rule that incorporated provisions of the bill of rights apply the same way to the states as they apply to the federal government. taking that rule as a given, the state does not defend justice powell's pivotal vote in the case. indeed, that reasoning flouted precedent at the time and has since been relegated to nothing more than an isolated relic of an abandoned doctrine. the state's only defense in support of the judgment below is that the sixth amendment does not require unanimity at all, that is hnot in state courts or federal court. this court should reject that argument. as the court has said many times over many decades, the sixth amendment requires a unanimous verdict to convict. in particular, what the court has said is the sixth amendment right to try by jury carries with it the essentials of the common law. the common law authorities are uniform, explicit, and ab

mr. fisher, maybe you can respond to a little bit of what you've heard and address the difference between the status quo and the recommendations around reform. >> thanks, mr. chairman. and really, i just wanted to address a couple comments that we heard on drn-that this po s pom's -- - >> i think the region has changed a bit since this project was initiated. as you start to look at a second crossing, i think the comment about how do we prioritize this in the region and then, on the delivery side, it's a bit of the panel felt very strongly that we needed to have a look at this again. i think the idea that john picari laid out, we are in a national competition for federal dollars, and i would argue part of this relook is coming up with a credible funding plan that is going to make it easier to get political support at every level. right now, the notion of sort of recasting the business proposition around this is a san francisco project. it's part of a regional rail system that is not well articulated that right now. i think that is the core and the recommendations. we did layout in the repo

mr. fisher? >> thank you. it's great to be back and present to you our panel's final report and conditions and taking any questions that you might have. as mr. cordova said, we've been working with not only the city family but all of our regional rail operators as well as funding agencies to engage on this effort to look at how to better strengthen delivery of the tjpa and realize rail service into the terminal as soon as possible. as eric also indicated, we have been working with a diverse group of experts in many facets of megarail delivery, including legal, rail, finance. i just wanted to introduce two additional members of our panel, fernando, and jose, who have also been contributing on this effort. so just judge a reminder -- so just a reminder of our schedule and methodology. we have engaged in over 22 state hold -- stakeholder interviews at the onset of this project as well as four workshops on the subject matter, including a testing the answer workshop that we did to try and vet some of these ideas an

mr. fisher. >> mr. chief justice, and may it please the court

mr. fisher, iing you would like to add? colleagues, we are in receipt of a statement from the tjpa. is there anybody here from the tjpa who would like to say anything? okay. so i would like to respond to the statement before we open this up to public comment. the president of the tjpa board, mohamed nuru, shared his statement with me yesterday. i think he -- i don't want to put words in his mouth, but i think he appreciates the findings of this d.t.x. expert peer review. i think we all agree this project is of critical importance to the region, the megaregion, and the state. of the two points raised in his statement as we move forward together, i would like to echo and clarify what i believe is our intent at the transportation authority. first, on the strategy and collaborative manner of work that the panel recommends, this one needs to be a truly regionalized process. we heard very clearly from the expert peer review panel that we need to reposition, reset the project, and confirm its business case. it will involve a hard look at the funding and phasing of d.t.x. to ensure its comp

mr. fisher's unexpected comments entirely inappropriate and determined afterwards he would not participates in the future tiburon strategic advisors which planned tuesday's event released a statement from the managing partner. without naming names, he said he was, quote, extremely disappointed by the comments made by one participant which furthers the inclusion problem in the wealth and investments industry also announcing that the unnamed participant would not ever be invited back to the event. fisher oversees about $100 billion in assets and many of his clients are not publicly disclosed. some pension funds do list fiber investments as an equity manager in their annual reports. the iowa public employee retirement system said they hold their partners to the highest standard and reserve the right to amend or sever any contract they did not specify mississippi told cnbc that fisher manages about half a billion dollars or 2% of their portfolio. executive director ray higgins said they will certainly consider this matter as well as the response statement that was issued by fisher investments

mr. fisher. >> mr. chief justice, may it please the court, last term in tims against indiana, this court reaffirmed the well settled rule that incorporated provisions of the bill of rights apply the same way to the states as they apply to the federal government. taking that rule as a given, the state

mr. fisher. >> thank you. i like to make a couple of quick factual point in the talk about stare decisis and reliance. justice breyer, you asked about numbers and facts. we say in a reply brief use one of the states own filings that there are 36 cases on direct review in louisiana where this issue has been presented. even within that 36 you going to have arguments about whether it was adequately preserved and all the rest. we think at least in the direct review level the numbers are quite modest and will. as the court described throughout the last of the argument, retroactivity questions can be left for another day and covered by their own reliance doctors. he also asked about puerto rico. in footnote ten we note the court held the right to jury trial to start a play the same way in put a request to. that would be a question about the insular cases. it's something this case does it best to address. as to stare decisis and reliance, let me make a couple points about the framing of the arguments and talk about,

mr. schiff, coming under fire over his handling of the impeachment inquiry. ainsley: kristin fisher is following it all from the white house this morning. good morning, kristin. they don't like how secretive this all is. >> good morning, guys. president trump certainly supports this effort by house republicans to censure the chairman of the house intelligence committee. congressman adam schiff is essentially the person, of course, leading this impeachment inquiry. in fact, the president though, he is going to far as to say last night that he thinks that schiff should be deposed over all of this. but, this vote today is a vote to censure and the house minority leader, kevin mccarthy explained why yesterday. >> the very least we can do is censure him. that's not removing him from committee. which i would like to do and called for back in march when he lied the first time. but, at the very least, this goes to the honesty, the integrity of the house of representatives. >> at least 135 other house

the film is said to feature many of the best known star wars actors including the late carrie fisher, playing mrse skywalker. it is scheduled to premiere friday, december 20. >>> the washington nationals and houston astros getting ready to play game one of the world series. it starts tonight. the astros are in their second trip in three seasons. four games-2, it will be derek cole for the astros will be the starting pitcher followed by justin verlander in game two. it will take place tomorrow. the nationals ace matt scherzer will be the starting pitcher in game one. stephen strasburg in game two. washington swept the cardinals in the n.l. cf to win the pennant. this will be the nationals first world series appearance and first one played in washington since 1933. >>> you can watch the world series right here on ktvu. coverage begins at 4:30 today. we will have all of our regular newscasts after that. the first pitch is at 5:00. >>> a lot of people picking the astros. >> i want the nationals. >> i will go with the underdog. >> i understand that . >> i hope for a great series. >>> great to beback w

fisher. >> thank you, mr. chairman.oo would like to surprise offer my sympathies to the people that are here today and the people who are at home who have lost loved ones in these crashes. i hope that we can get answers at this hearing and also in the future so that these issues, these mistakes will not happen again and cause future lost supplies. mr. muilenburg, the joint authorities technical review notes that boeing made several other changes to the 737 max that differ from the earlier models, such as structural changes that would accommodate the new engines that were planned on the plane and other advance technologies. senator thune touched on this with the delegated authority. was boeing delegated authority over the certification of those changes as well? >> no, i can't answer that question completely, because as you pointed out, there were a number of changes. again, those are done and evaluated jointly with the f.a.a. you want to comment on any specifics there? >> there's approximately 92 certification plans, esp

fisher. >> thank you, mr. chairman. you touched on this with senator inhott, but i would like a clearer answer. do you believe these enhancements are truly necessary if we are going to maintain deterrence? >> senator, i absolutely do. i think the nuclear posture review got it right. these supplementals add to the flexibility and capability in the triad and that's what's necessary to deter the threats we face today. >> thank you. your predecessors have strongly recommended against any unilateral reductions in our nuclear forces. you talked about that somewhat with senator reed. what impact do you believe any kind of unilateral reduction would have on our ability to deter threats? >> senator, i think it would have a negative effect. it would be harmful for our ability to deter and i'm reminded this nation has led the world in unilateral reductions in nuclear weapons through the our history and have no one else has matched us with that. everyone else has gone in the other direction. >> as you're aware in the past year, a n

fisher. >> thank you, mr. chairman. i, too, would like to recognize and offer my sympathies to the people that are here today and the people who are at home who have lost loved ones in these crashes. i hope we can get answers of this hearing so these issues and mistakes will not happen again to cause future loss of life. there are notes that boeing made several other dhangs to the 737 max that differed from the earlier model such as structural changes that would accommodate the new engines on the plane and other advanced technologies. senator thune touched on this with the delegated authority. was boeing delegates authority over the certification of those changes as well sm. >> senator, i can't answer that question because there were a number of changes. again, those are done in e and evaluated jointly with the faa. john, you want to comment on any specifics there? >> there was approximately 92 certification plans at the max which encompass ed all the different change to the airplane. the faa reviewed eight of those ini

. >> thank you, senator fisher senator blumenthal >> thank you, mr.n thank you to both our witnesses for being here today thank you, most important, to relatives that lost loved ones, if you could please stand so we could thank you all. thank you for being here, if you can just stand thank you. >> and go ahead and hold up the photographs you brought. you have been very kind. >> i was going to ask you hold up those photographs i understand for security purposes you can't during the hearing, but just for this short e keeper could start senator blumenthal's time over thank you very much to the family members senator blumenthal >> thank you, mr. chairman mr. mule enberg, as i watched the loved ones stand and as i reviewed this file in the past week or so again, as i sit here today, my anger has only grown these loved ones lost lives because of an accident that was not only preventable as the chairman said at the very start but was the result of a pattern of deliberate concealment. boeing came to my office shortly after the crashes and said they were the r

fisher. senator blumenthal. >> thank you, mr. chairman. thank you to both our witnesses for being here today and thank you most important to the relatives to have lost loved ones. if you could please stand so we could thank you all. thank you for being here. if you could just stand. thank you. >> go ahead and hold up the photographs that you brought. you've been very kind to. >> i was going to ask you hold those photographs up because i understand that for security purposes, you can't. during the hearing, but just for this short period of time. >> so thank you and if the time keeper could start senator blumenthal's time over. thank you very much to the family members. >> thank you very much. as i watched those loved ones stand, and frankly, as i review this file over the past week, and as i sit here today, my anger has only grown. these loved ones lost lives. because of an accident that was not only preventable as the chairman said at the start, but was the result of a pattern of deliberate concealment. boeing came to my office shortly aft

thanksgiving then there's thermo fisher i want you to look no further than the bioscience equipment maker that is thermo fish f. they've got hardly any economic sensitivity. mr. casper, come back, will you? come on. after the close, we hear from microsoft. unfortunately, this stock has become such a market dar liling that it needs a smashing quarter and gaming and linkedin and az y -- azura and i think microsoft is going to do just that anyway, pay pal reports, too last quarter we got a shade down in the earnings. it hit the stock could happen again but you've made money. i say wait and see there used to be nothing more psychedelic than a tesla conference call. i used to play the doors "the end", actually play it while i listened to the call but these days they can't talk about the company's prospects the way they used to the stocks, without the elon musk that we miss so much making gigantic claims of profitability and lots of cars, maybe the stock does a whole lot of nothing. now, we know the cloud kings are under pressure more on that later what matters right now is that service now is down 60 points from its high, 303 to 243. it's set up for a not as bad

fisher, thank you. eric: former vice president joe biden's campaign says now they are open to accepting money from a super pac. this marks a major reversal from mrden. he tweeted this back in april, quote: i've said it before and i'll say it again, we need to reject the super pac system. that's exactly what this campaign is doing. well, now the campaign's trying to explain the change of heart, releasing this statement late last week saying, quote: in this time of crisis in our politics, it's not surprising that those who are dedicated to defeating donald trump are organizing in every way permitted by current law to bring an end to his disastrous presidency. and in an upcoming "60 minutes" interview, mr. biden was asked about his democratic rivals outpacing him so far on funraising. >> you've left the $9 million in the bank. bernie sanders has nearly $34 million in the bank. senator warren has $26 million. how do you compete against that? >> i just flat beat them. [laughter] we're on course to do extremely well. i'm not worried about being able to fund this campaign. i really am not, truly. eric: that interview joins us tomorrow night on "60 minu