we have extensive coverage and want to begin with our justice correspondent pete williams. pete, good evening. >> reporter: lester, officials now say both packages that were intercepted overseas before they could get here contained laser printers the same model as this one. and inside both of them, the toner cartridges, the cartridges that normally hold the powdered toner were instead stuffed with a high explosive, a type that's a favorite of terrorists. all this officials say was artfully designed to avoid detection. these pictures taken by police in dubai tell the story, showing what was inside those printer cartridges, the high explosive known as petn. the same substance was in richard reid's shoe bomb and abdulmutallab is accused of concealing it in his underwear on that flight to detroit last christmas day. last january, "dateline" asked an explosive expert to demonstrate the force of roughly petn in the underwear bomb. now u.s. officials say the toner cartridges held five times that amount of the same kind of explosive, potentially very powerful. in england where one o

>> pete williams starting us off at the court tonight in washington. pete, thank you. >>> at the white house today, a green beret, just 24 years old when he was killed in afghanistan, was honored for exceptional valor on the battlefield. staff sergeant robert j. miller was on his second tour in afghanistan when he was killed protecting his comrades in a ferocious taliban ambush and firefight in '08. today, the president presented his parents with the medal of honor, the nation's highest military award. >> they could hear his weapon still firing as he provided cover for his men. and then over the radio, they heard his voice. he had been hit. but still he kept calling out enemy positions. still he kept firing. still he kept throwing his grenades. and then they heard it, rob's weapon fell silent. >> along with his parents, miller's seven brothers and sisters were at the ceremony in the east room today. one of his younger brothers is now training to be a green beret himself. >>> the united states tonight apologizing to pakistan for that recent helicopter at

it's where we begin tonight with pete williams. pete, good evening. >> reporter: this case has aroused strong passions, partly because of the setting, a military funeral, and partly because of the hateful message and several of the justices seem to be offended by it, too. when a dream of serving in the u.s. marines ended in iraq's al anbar province, his family gathered for his funeral at this maryland church. but they had protestors with signs that said "thank god for dead soldiers." fred phelps shows up at military funerals to claim that because the nation tolerates gay rights, u.s. war deaths are god's punishment. >> i pray that they kill more of them guys. these idiots are still talking about patriotism. >> reporter: their message at the funeral outraged albert, who sued for emotional distress over the protest and a diatribe phelps put on line saying schneider raised his son for the devil. >> speaking of a father, their conduct was so extreme, it went beyond all possible bounds of decency. >> reporter: but phelps' daughter said t

those are big questions, brian. >> pete williams, who has been reporting out this story all day in our washington newsroom. pete, we appreciate it, thanks. >>> michael sheehan is a veteran terrorism analyst, richard engel, our chief foreign affairs correspondent, both with us here to talk about this. richard, you compared it to your time in iraq when there would be fake ieds for the purpose of watching to see how the american military responded. >> this kind of attack is a very low probability of success. you're sending a device, almost inept, i think too inept. it doesn't make sense. you're sending something suspicious, addressing it to a synagogue. you know you're going to get caught. you know that red flags are going to go up all over the world. you're sending something that's been tampered with from yemen to a synagogue. so the question is, is the intention to create harm to that synagogue or create a big diversion and a lot of attention has been focused on this today that ties the united states up. it costs money. this attack or this diversion may be cost a couple hundred dollars

pete williams. >>> and the opening bell is about to ring on wall street where futures were down slightlyp for a busy week. earnings season kicks off later this week, but the big one is friday. the last monthly jobs report before the november elections. >>> other stories making headlines, the pakistani taliban is taking responsibility for the latest attack on a nato supply truck. four were killed overnight when gunmen set fire to about 20 tankers carrying full to u.s. and nato in afghanistan. it will likely keep the supply route closed for another day. a reminder that this war in afghanistan is spreading much farther across the border. >>> in brazil, the presidential election is heading for a run-off after the ruling parties candidate fail short of an election. the first woman leader will face cera in four weeks. >>> and verizon is refunding up to $90 million to customers who were improperly charged for internet or data charges. about 15 million customers will receive refunds of up to $2 cht. >>> and researchers unveil the largest surveys of americans' sexual behavior in more than 15 year

pete williams at the court building in washington. thanks as always. >>> when "nightly news" continues in just a moment, our era of oversharing. every thought, every activity and some of our deepest, darkest secrets on the internet. >>> later, best friends in life, in school, in service and in the chapter that came next. [ advisor 1 ] what do you see yourself doing one week, one month, five years after you do retire? ♪ client comes in and they have a box. and inside that box is their financial life. people wake up and realize i better start doing something. we open up that box. we organize it. and we make decisions. we really are here to help you. they look back and think, "wow. i never thought i could do this." but we've actually done it. [ male announcer ] visit ameriprise.com and put a confident retirement more within reach. [ male announcer ] visit ameriprise.com copd doesn't just make it hard to breathe... it makes it hard to do a lot of things. and i'm a guy who likes to go exploring ... get my hands dirty... and try new things.

pete williams is outside the court with more on that.k at some of the key cases on the docket. so the justices began the new term by throwing out hundreds of cases today. one was an appeal from 9/11 victims. what was the issue? >> reporter: they were upset about the way the city has gathered material from ground zero. from what was left ter the 9/11 attacks. and taken them offsite to sort through, to find any mementos of those who died and other human remains. they say the city has still not handled that material properly. they've been in litigation the city foruite a while and they did not like what that in th lower courts. they came to the supreme court. as you say, the supreme court declined to take up that case. >> confirmed back in agust again, is one of the new faces on the court shelf recused herself from several cases today. why? wh if there is a tie? how is she expect to influence the court? >> reporter: well, she is probably going to take herself off about a third of the cases that the supreme court hears this term. they'll pro

pete williams is in washington. where do we stand with this particular case?reporter: a setback for the government that one of the main witnesses they hoped to call will not be be able to testify in this trial. he would have said he sold explosives but the government says they don't need him and they can go ahead. they didn't want to delay the trial because they say lots of witnesses had come from overseas. lots of victims' families from the embassy attacks wanted to be in court to see it. the government said we'll go ahead. the question is how much is left of the government's case? they say enough to get a conviction. the defense said he was held at guantanamo bay for so long it violated his rights to a speedy trial but the judge earlier ruled that his time in guantanamo bay didn't really count in terms of the legal proceeding because he was an enemy combatant and that was a separate issue. now, the other question hanging over this trial is this is the first trial of someone who has been held in guantanamo bay. what's it going to mean to trying others? the an

do not need the actual invitation going to the white house. >> well, nbc justice correspondent pete williamsl right. pete, they were on bravo last night, not in jail, are they? >> no. of course the real question is, will they be prosecuted? there is still an investigation going on, but there's been a dispute within the government about whether to charge them or not. there are those to say it's important to send a message, this is frowned upon, but there are those who say, look, the real mistake was not the salahis, it was the secret service. but apparently what's happened here is after the u.s. attorney's office here in washington began to look at this, other people had complaints involves various charity events. this is what they doisms they're serial party crashers? >> they beyond parties. this is the way they have conducted some charity events, so the investigation had morphed into that as well. so they haven't quite turned this off yet. they haven't completely hung it up. >> that was my question. i get there's this debate, but rear looking at almost a year. you're say the investigation h

pete williams is nbc's justice correspondent. what happens now?er: probably good advice because there are growing signs that the administration, the obama administration will try to get a federal appeals court to put a hold on the judge's order. the judge ordered the government to stop enforcing don't ask, don't tell. the next legal step here will be to see whether the government first goes to the 9th circuit court of appeals and asks for a freeze on the judge's order and whether they will appeal it and probably will, it appears. defense secretary robert gates told a group of reporters today that this issue should be decided by congress not the courts and changed only after the pentagon finishes its study on the issue coming out in december and today robert gibbs, the white house spokesman said as far as the president's concerned, it is not about whether but how the policy is lifted. now, of course, congress initially voted on this but it hasn't gotten through yet. the question is whether there's another vote in the senate after the general electi

pete williams is with me from the floor. busy day, i understand. >> indeed so.hey declined to hear 9/11 victims unhappy with the way city of new york was handling material taken from ground zero. the court lend stand the conviction of james ford seal. he's convicted of the deaths of two black men in 1964. the courts asked the obama administration to weigh in on a lawsuit against two defense contractors, whether they can be sued over the treatment of a former prisoner, and they say it was the first day for elena kagan, the newest justice. she heard the first case, asked about ten questions, and then she left. sitting the second case out. she's going to do that, contessa, for probably about a third of the cases this term, because all were cases she handled at the justice department as solicitor general. >> tell me about the case the court agreed to hear about schwarzenegger versus entertainment. >> california is asking the supreme supreme court to uphold the law that makes it a crime to sell or rent what the state considers violent video games to minors. the court

pete williams, thanks so much. >>> french police have arrested 12 terror suspects in raids in southern france. police say they recovered guns and ammunition when they arrested nine men in and near marseilles. three other suspects were arrested in a separate operation. the new york times reports that the suspects are believed to have ofred housing and false identity papers to foreigners trying to enter france. all the suspects are thought t have ties to radical islamic groups. >>> when we come right back at 5:00 tonight, remembering grandphuggette. >>> raising the bar on safety, find out how the feds are channg vehicle testing. and which cars received top marks coming up. >>> frito-lay makes a decision on bags that are making a lot of racquet. >>> the counsel gives the okay today to a proposal t lit how an exterminator can get rid of pests in your home. equals chili's $20 dinner for two. share one of five appetizers like our famous texas cheese fries. then choose two freshly prepared entrees from 14 chili's vorites, like our chick crispers with new sweet & smoky sauce, our new slow-smok

our justice correspondent, pete williams, has more in our washington newsroom. te, good evening. >> reporter: brian, this stops the policy in its tracks because the judge ordered its enforcement block not just in california, where this lawsuit was filed, but throughout the entire country. this is the same judge who just, a month ago, ruled the policy is unconstitutional. interfering with the private lives of service members, at the same time, the judge said it does nothing to help the mission of the armed forces. in her ruling today, judge virginia phillips of california, said the policy's rules quote, actually serve to impede military readiness and unit cohesion rather than further these goals. the judge today ordered the military to immediately suspend any investigations of service members for violating the policy and stop any proceedings now under way to throw them out of the military. so, this puts the obama administration in a bind. the president has urged congress to do away with "don't ask don't tell." now his justice department will have to decide whether

nbc news justice correspondent pete williams has all the details and joins us from the court on the phoned behavior. no, just seeing if you were paying attention. it's because she agreed not to take part in any cases of which she was involved in the justice department as solicitor general. this happens whenever there's a solicitor general who becomes a supreme court justice. the last one was thurgood marshal. he sat out cases in his first two terms. what she'll sit out is specification cases, not issues. for example, one of the cases this term she won't be involved in is a challenge, the federal government challenging arizona's immigration enforcement system for employers who don't use the e verify system to make sure their employees are u.s. citizens or legally entitled to be here. she worked on that specific case, but if that issue comes back again, she could work on it because it would be a different case. now, what this means, of course, andrea is for someone third of the cases the court will hear, there will be eight justices. that presents the possibility of a 4-4 tie. in that event

nbc's justice correspondent pete williams has the latest. >> reporter: these pictures taken by police in dubai show what was inside the printer cartridges. the explosive known as petn, the same substance in richard reid's shoe box and in the underwear on the christmas day flight. this is the force of the petn. now we hear the toner cartridges held five times that amount. in england where one of the packages was intercepted friday, authorities say it contained a working bomb. >> the targets may have been an aircraft. had it detonated, the aircraft could have been brought down. >> reporter: officials say the bombs were made with liquid detonators and cell phone timers. investigators believe the terrorists may have been targeting passenger airplanes. some experts say that carries half the air cargo coming into the u.s. they were intercepted because the tracking numbers allowed them to be located quickly. it was that information and not the repeated screening that led to their discovery. homeland security says it is part of the nation's defense. >> we need a multi-layers system. no screen

nbc's justice correspondent pete williams has the latest for us. pete, good morning. >> lester, good morning to you. the two packages intended for shipment to the u.s. were stopped before they could get here. and now, officials say one of them contained a significant quantity of high explosives. five times more than what was carried by the underwear bomber on that flight to detroit on christmas day. acting on a very specific tip from saudi arabia's intelligence circuit, authorities in england found a suspicious package addressed to the u.s. inside a laser printer with a toner cartridge, obviously tampered with. protruding wires, a crudely attached circuit board coated with white powder and containing explosives. >> this is at the east midlands airport where that package was intercepted. a freight distribution building was evacuated and the package kapenned before being turned over to the london police for further testing. >> reporter: a second similar package also addressed to the u.s. was intercepted in dubai in the persian gulf. both were sent fro

pete williams joins us. he's on the phone from the supreme court. why is that? why does she have to sort of recuse herself from some of these case sns. >> in fact, she's already done it. she heard the first case today was an active questioner and she got up and left. she'll be doing that about 25 or 30 more times during the supreme court term. that's about a third of the cases the court will hear this term. and the reason is that she's not going to take part in any cases in which she was involved when she worked at the justice department as solicitor general. now, it isn't often that people in that job get nominated and confirmed to the supreme court. the last time was thurgood martial and he did the same thing. it's a very unusual number of recuse ales, most judges take themselves off of cases in which they have a perceived conflict. this is a very high number. but, of course that, will go down. the next term there will be fewer and eventually there won't be any at all. >> do you want to run down the more notable cases this term? >> one of the most prominent wi

pete williams at the supreme court for us this morning. thank you very much, sir. >> you bet. >>> now the white house is pouring cold water -- i mean chilly water, on the notion that somehow hillary clinton could be barack obama's running mate in 2012. white house officials telling us this morning it's, quote, pure fiction. how does it start? watch. >> if obama seeks re-election as people expect him to, he could be in trouble and support the troops that hillary clinton did well in the primary election. bring her on the ticket and make biden secretary of state. they would all go out there and be delighted and happy. and it might help obama politically. deputy political director. the cap of the day argue right? >> exactly. in this rumor of a possible biden-hillary clinton switch, there's been a constant pick of conversation on the dc party circuit. the white house is quashing any discussion of that. david axelrod told us of that intention. the talk of this type of switch is insulting to vice president biden whom the white house feels has don

for now, for pete williams in washington, i'm brian williams, nbc news, new york. someone's eligible credit or debit card purchase. [beep] chase picks up the tab. it could be you. chase picks up the tab. it's another great reason to bank with chase. chase what matters. sign up at a branch today. >>> vampires are irresistible. believe it or not, they're in the a north carolina graveyard. >> vampires are a family business. his novel is a sequel to his great, great uncle's classic, dracula. >> it was passed down through the family. >> reporter: he enresearched his ancestors original roots to transform transylvania's original teal of terror. >> the film of the horse drawn carriage without a driver. >> so much to see. >> that graveyard has been abandoned for years, she says. but she won't comment on tales of the undead. >> how did the myth of the vampire originate in this country. >> it started in the 18th sen tri, people complaining they are haunted by creatures. >> reporter: but how do you deal with the undead? >> the classical way is a stake in the heart. >> very gru

. >> pete williams is live frus in washington. this really comes down to the right of free speech versus the right to privacy. correct? >> that's right. albert snyder, the father of the marine, actually sued the reverend fred phelps and his family for damages, and they were awarded $5 million, but an appeals court overturned it and said it was protected by free speech. one of the issues here today is whether mr. snyder was a public figure or a prescriivate citize with the suggestion that it might be easier to win if people think he's a public figure. that's the view of fred phelps. his lawyer is his daughter. she spoke today. >> note to all. when you have a private funeral, we will not be there. when you have a public funeral and you broadcast to the nation that that dead soldier is a hero and that god is blessing america, we will be there and tell you god is cursing america. it is a curse for your young men and women to be coming home in body bags. if you want that to stop, stop sinning. >> now, it's the phelps' contention that u

joining us is pete williams. >> reporter: for the second year in a row they have a new liup with elena kagan bring to three the number of women on the bench. some of the most prem nant cases of thiserm test the limits of free speech. one of the biggest involves protesters that claim u.s. aths are punishments from god. when they brought that message to the death of matthew snyder they carried signs that read, quote, thank god for dead soldiers. >> how could anybody to this to another human being? they'r animals is what they are. >> reporter: matthew's father said it permanently tarnished his member of the funeral. >> we hado have a s.w.a.t. team, fire engines, a command central set up in a winnebago. they turned it into a circus. >> reporter: h sued the ro test organizers. a federal court declared it constitutionally protected speech. phelps and his family say they'll continue picketing. >> god is punishing these soldiers and their parents really. the parents ought to be very thankful for me to tell them this. >> reporter: california urges the court to rulehat it can block minors from b

nbc ns justice correspondent pete williams is live outside the supreme court. pete, the argument justices have to look at is when doesree speech give way to a person's ght to privacy? what did we hear on the matter today? >> reporter: i think anyone who thought is case would produce a ringing endorsement of the first amendment would have been surprised by the argument. there were clearly justice who's were very bothered by the behavior at this funeral. justice ruth bader ginsberg whom you would normally think standing up on the side of the first amendment said this was exploiting a family's grief. that was the kind of comment. so you had at least three or four justices who were clearly trying to find some way to allow this lawsuit to revive. and no one on the other side saying, no no, matter what. the lawsuits like the suld never be permitted. so it would father justices are at least willing to give it a try. to try come up with some kindf rule. the hard part is how do you do that? one answer might be to say this was a private funeral. in the past, the court has

pete williams has the latest. >> the other shoe to drop in this case that produced a ruling in september a federal judge in california in los angeles who said that the don't ask don't tell rule on probting gays in the military was unconstitutional. today, the second act in the legal drama. the judge said after asking both sides what she should do about it, issued an order blocking its enforcement nationwide because she said it's unconstitutional. as a practical matter, the judge has the authority to do this. so as a matter of law as of now, enforcement of this law is blocked. the dwe is, what's the government going to do about it and they'll be two answers to that. one is legally will the justice department go to the court of appeals and say you got to put a stop on this while we figure out what we're going to do. i think that's fairly likely. the second is will the obama administration appeal while they're saying to the congress, we don't need this policy. the second question, what's the military going to do about it. we've been waiting for about an hour to hear what the pentagon says a

nbc's justice correspondent pete williams will join us live to talk about the falut. ñ >>> his claimo fame is sippinging in his underwear. now he may benown for trying to run the country. he has become a staple in the tourist scene, walk around times square with his guitar and his white briefs. it is not the first time he's thrown his ten gallon hat into the political ring. he almost launched hisat in for mayor last year. >>> toyota said it has fixed a little more than a third of all the vehicles involved in the massiverecalls. this last spring toyota recalled about 10 million cars around the world because. problems with unintended acceleration. today toyota gave a progress report on the recall. it said about 3.7 million vehicles have been fixed. still ahead on news4, a person [ music throughout ] [ male announcer ] looking for a complete picture of your money? meet pnc virtual wallet. it comes with a calendar that shows you all your finances at once. it lets you know when your money'going out. and when it's coming in. it even tells you when you're running low. we call that danger da

pete williams, thanks so much as always. we appreciate it.rs open up a new round of hearings. authorities want to examine the decision making process and pressure tests surrounding what caused the disaster and how to improve safety going forward. well, the panel is come comprised of the u.s. coast guard and bureau of management regulation and enforcement and the april 20th deepwater explosion killed 11 workers and led to 206 million gallons of oil being released from bp's well that was a mile beneath the gulf. >>> and today an earthquake rocks japan. we have the details after this break and our look at what's making news now. and sometimes politics can seem like a three-ring circus. who is that? but we have the scoop on a real life clown political victory. [ female announcer ] kids who don't eat breakfast may not be getting the nutrition they need to keep their bodies strong. carnation instant breakfast essentials supplies the nutrients of a balanced breakfast to help build strong muscles and healthy bones. carnation instant breakfast essenti

pete williams joins us live now.an imagine people are saying, it depends on who is in control of congress. we know the democrats are in trouble in the house and perhaps even the senate. how does gates' comments factor into that equation? >> and the president said much the same, tamron. echoing what secretary gates said today, the president's spokesman, robert gibbs, said that what the president believes here is the process is more important than the decision itself, that it's important for congress to make the change, not the courts. so this, i think, is a pretty strong indication that the next step we'll see is the justice department go to court and try to put a freeze on the judge's order. it was a judge in california yesterday who ordered the u.s. military to stop enforcing don't ask, don't tell. to stop investigations of suspect service members, to stop removal or separation proceedings. and what we expect the justice department to do now is to go to court and say, look, put a freeze on that order, let don't ask,

justice correspondent pete williams joins me now, i guess this trial is really about the guy that prosecutors the truck that was load would the explosives, but that was 12 years ago. nine years now after the last trial in the case, how complicated is all this, pete? >> well, the government says it's very straight forward. they had a bit of a setback. they had a key witness they wanted to testify who would have said that he sold explosive components to ghailani and those were harsh interrogation methods and the judge says that can't be used. neither anything he said when he was interrogated or anything the government learned as a result of it. but the justice department insists it still has enough to go to trial. both sides had legal setbacks getting to this point but now we come to the trial and many people say this could be a test for how you could put 9/11 detainees on trial, but you know, chris, i think this trial will have a limited value in that. there are lots of evdenshiary problems but there probably will not be many with the khalid shaikh mohammed and others charged with the 9/11 att

pete popas infantry commanding. first lt. alexander pruden. corporal robert snyder. specialist adam perry. specialist jesse bonds. private first class mark anderson, and specialist william coke. >> geraldo: thank you, captain wheeler, as the officers continue to give out the purple heart and the commendation medals. get some reaction from some of these fellows. tell me how you were hurt. >> i received a gunshot wound in the leg. >> thank you, sir. >> and do you know where the gunshot came from? tell me how you responded once you got hit. >> [inaudible] >> geraldo: did your band of brothers cover you? [inaudible] >> geraldo: the colonel continues to give out the medals of valor. how are you feeling now? >> pretty good. >> geraldo: where did you get hit? >> i got hit by [inaudible] >> geraldo: how come you didn't remove yourself from the battlefield and just go home. >> i have to stay and fight the enemy. >> geraldo: is that the way you feel to be with your brothers? >> yes, sir. >> geraldo: how about you? [inaudible] shap metal in my hand and back. cover fire with him. >> geraldo: did you want to go home and stay home. >> negative, sir. >> geraldo: lt.? >> we were conduc

williams, can you hear me okay. >> i have got you, martha. martha: tell me what you think of the decision, rahm emanuel out an pete rouse in?i think it really signals the end of the first half of the obama administration, martha, and i think what you are seeing is the kind of edgy energy and aggression that characterized rahm emanuel the insider, and who says he will send dead fish to his people who bring him bad news. martha: i think he really did, a least one, right? >> and one time he had a knife, jamming it in the table and saying, death to this person and that person, who would cross him and i think that kind of attitude, now goes giet books, because what you are seeing is with the likely loss of 25, at least 25 seats in the house and potentially the loss of the control of the house you will need a more conciliatory emphasis on compromise, from white house and pete rouse is like that, and is popular among young staffers at the white house and people on capitol hill, democrats and republicans who see him more in the andy card tradition, remember, the chief of staff for president bush and the kind of guy you can call and

pete sepp and john della volpe will outline results of a vurvay of young voters and to talk about the oil spill commission, bob graham and william riley. -- reilly. a couple of live events to tell you about this morning. on c-span 2. secretary of state hillary clinton and pakistan's foreign minister talk about relations between the two countries live from the state department at 8:15 eastern. then at 9:00 eastern, more from "the daily beast" ino vators summit. it includes retired general stanley mccrystal and white house director peter orzag. >> this weekend c-span takes a look at precivil war virginia. how they struggled with the abolition of slavery and how they dealt with the secession. we're back to the classroom with former civil rights leader and professor julian bond. american history tv. all weekend, every weekend on c-span 3. >> in a few moments, a debate among the candidates for governor of massachusetts. incumbent democratic governor deval patrick, independent charlie baker. mr. cahill is state treasurer. the cook political report rates this race a tossup. >> live from the 22 news broadcast center, the massachusetts g