decided probably in the next couple months after both sides have an opportunity to brief the second circuit court of appeals which is the last stop before the u.s. supreme court so bottom line is it wasn't a real ruling on the merits so it's not it's not a huge development we obviously would have preferred if the court didn't put a stay on judge for its ruling and we're going to be right back in court next week after asking that they lift the stay and that there be no state during the course of the appeal so the fight goes on i find it interesting that the obama administration is fighting for. all out they work late friday night and over the weekend to file these emergency papers to appeal this decision and judge for it so right now the obama administration is all in in their in their nonstop effort to retain the a power to retain the power to send u.s. citizens to military prisons and why do you think it is that the obama administration and so adamant about keeping this controversial provision in place. i really i really can't speak to the motivation all i can say is that on civil libertie

judge force opinion is grounded in second circuit law the second circuit is the highest appeal court in this area before the supreme court i have no doubt that the second circuit would uphold judge force then it's a question of whether it goes to the supreme court if the administration is so intent on undermining the constitutional protections of american citizens that they want to take this to the supreme court. i wish them well in their endeavor but i don't forsee the supreme court with whether it's a conservative or liberal majority or whatever its configuration is i don't see the supreme court backing down from these fundamental constitutional principles and i don't expect they will enter a saying and of course this is a very significant case with a very serious ramifications carl do you think that it is getting enough attention in the media. i don't think so i must say i mean. we've been heartened r.t.l. has been reporting on this from the beginning there are a few radio stations around the country that i could name there's a gentleman named peter collins who has a radio show in

2004, following a clerkship with judge cal braise of the united states court of appeals for the second circuit. interest include election law, administrative law, statutory interpretation, constitutional law and property and natural resources law. he is a resident of san francisco's mission district. we are honored to work chris almendorf. [ applause ] >> thank you very much and thank you to all of the candidates who are here today. we're very fortunate to be joined by six candidates and what i hope will soon be seven. all of the candidates have agreed to ask their supporters to be respectful of other candidates and the audience and to maintain quiet during the forum. i ask you to respect that commitment. every aspect of this forum will be equally fair to all participating candidates. as everyone here knows candidate debates are often limited to latitudinal appears and personal attack. our debate focuses on critical areas of policy disagreement among the leading candidates. so this end the league of women voters of san francisco and the san francisco public press working with researchers at uc

and then pretty much right away the obama administration appealed it on friday evening and the second circuit court i believe was. they issued a stay so right now as this goes live obama can indefinitely detain american citizens and that's so scary it's terrifying that needs to be fixed because we all know the federal government makes mistakes they are not perfect they are not gods and for them to be able to label anybody as suspicious individual potential terrorist and lock you up without representation or a trial that's kind of like mccarthyism on steroids it's also just outrageous i think what i what we talked about before is that sets us back about eight centuries and king james was forced from the people to instill you know the magna carta due process i mean this is a concept that goes back very far in human history into kind of just brushed under the rug with no one really knowing about in this country david why don't people know about this very important piece of legislation that should be on front page of every newspaper it should be on the front page of the new york times it shouldn'

a few so you know measure because we obviously have a battle ahead of us we're going into the second circuit now which very likely means according to the supreme court that's where it is and obviously we want and need a way for all of us so it's fair rollercoaster rollercoaster of the last twenty four hours and that of course is the latest development in this story a lot of twists and turns that the temporary injunction said the judge ruled that it's now permanent huge victory for you now that the government has is trying to repeal that i mean how confident are you now that you will ultimately be able to prevail in this. well you know i really have a lot of confidence that we have a chance of prevailing in this i really believe in the power of the people to come forward and restore justice and due process and our fundamental rights all around so i think it's critical that we fight and we don't we don't give up and so i'm hopeful i'm worried about the. the judge's ruling yesterday was an incredibly strong going and hopefully future attorneys will also agree with you and you had mentioned how

mind how optimistic are you that this is going to be able to move forward and you're over the second circuit court of appeals has said that the journalists do have standing to go forward with this case the not just the journalist but everybody in the a.c.l.u.'s case has standing and that's the critical threshold you have to be harmed by this statute to show that you have a right to go to court to fight it and so if that's upheld the case just goes forward and we don't know what comes next but faces a very broad law that covers a lot of things and a lot of those are absolutely necessary to fighting terrorism but when congress just broadly in something like this which you know originally fights a created face of courts where judges approved these kinds of wiretaps and then the amendments took it further than that for certain kind of calls international calls even that involve u.s. citizens you don't even need to go to the face of court so they took it one step further and they didn't kind of account for the first amendment rights so it's very possible that a court could say the congress went t

it went back to the second circuit comeau spent struck it down, although it's a pretty broad ruling.they criticized by the sec had been inconsistent in their use of words, which i will repeat. their analysis of make you blush. there's a lot of splitting hairs looks ridiculous when you see it in print. they said there basically was a deterrable standard and under the principle as justice kagan leader quits, it seemed like the only rule of thumb was that steven spielberg's work was in indecent, but others work words. so that came up to a later panel actually involved the swearing in the later panel invalidated the n.y.p.d. blue sanctioned on the basis of its prior ruling. so it came out to the court and the court heard argument reversed on june 21st. the ultimate and down day as they had to after that so is that their longtime and i'll talk about that later. they struck down the application. they said that the of the rule to these three rules was applied unconstitutional. and they emphasize the absence, but previously talked a lot about repetition and there was the repetition here plai

>> just last night, the second circuit did issue a stay in that.day night, the judge issued an injunction saying you cannot hold anybody according to this ndaa. the government immediately said they would appeal. there are some interesting legal issues about whether the government possible appeal should have been able to appeal, but nevertheless, judges in this country continue to say as soon as the president says national security, we will do whatever you say. they did that in this case. they issued a stay, which means they can go ahead and use the ndaa. what it means is, it is kind of vaguely defined. the government cannot even define it. it is vague. people can be indefinitely detained. u.s. citizens, obama says will be held in military custody, but there is a lot of gray area. >> one of the plaintiffs in a lawsuit against the ndaa is chris hedges, a former correspondent for the new york times. he discussed the lawsuit earlier this year. he talked about it on "democracy now!" >> i think we have to ask if the security establishment did not want th

interestingly, the justice sotomayor and she was on the second circuit she wrote an opinion in which she pared back the more extreme process of the time in new york. so it's possible that she would be the same thing at the supreme court level if the issue comes back which i anticipate sooner or later it will on these sorts of practices. unfortunately they are common in many states. in thinking about which way these issues will go in the future, obviously a lot depends on who gets appointed to the supreme court over the next few years if there is any resignation that in addition a lot depends on the chief justice john roberts but not a lot is none but his position on the property rights. he did replace chief justice rehnquist but in the last ten or 15 years was pretty sympathetic to the property rights claims but there is a reason to believe that roberts may be different from rehnquist in this regard in the supreme court confirmation hearing he implied that may be kilo was correctly decided and the protection of the property owners for the abuse of this kind should be left to the poli

federal courts of appeals about who is the supervisor to the justices have agreed to review the second circuit2011 decision in advance to clarify the scope of employer liability full text. >> briefly, stewart, justice kagan taking part and it's not doesn't matter? >> she's not. it matters cosmetically. there's five votes to reverse and having centers wouldn't make much difference as opposed to three centers. i can imagine a few are just as kennedy come you might think, is it a little unseemly to be doing something this big without a full-court. the manchester state the obvious that there's a four-quart tybee university wins? >> yes, the reason justice kagan is refused, by the way she presided over an amicus brief at the justice department when she was solicitor general supporting university of texas. >> okay, thank you at our next analyst no supreme court from the inside having been a law clerk to justice clarence thomas, carrie severino. that may help her eye she speaks on writes on legal issues as the chief counsel and policy director of the judicial crisis network, an organization of advoca

second before the halt two thousand contracts treated the price of gold down ten dollars to seven hundred thirty to seven hundred twenty and so the circuit breaker was triggered a pause trading for five seconds so now the x. who produced this chart said that for this event this basically means that this order represented a true intent to sell then we should expect additional selling from the balance of that order that triggered the halt when trading resumes however the additional selling did not materialize which leads us to believe the large sell order was meant to disturb any market based on the price of gold and disturbed the markets it did write well the dichotomy here. is that people who talk about gold are considered now by homeland security in other areas of the us as terrorists but people who actually overtly manipulate the price of these markets to circumvent the entire market making mechanism to manipulate prices they get away with saying we're making a market this is again repeatedly the problem would go in order to affect the price change like this when you are selling more gold and silver then there is above ground there's o

circuit overall leader jorge lorenzo played it safe by finishing second behind the oregon brown prix the spaniard smartly settling for the points after almost crushing out early on the rain so started from pole but was determined not to repeat the fate of his colleague stephan rubble and suffered a scary accident the twenty five year old almost letting off the track himself and produce that past him and maintained a comfortable spanish rival on the way to see you so mean well it's not third place the end of the still top dog pulling a hefty thirty three point lead. boxing russian alexandra pervade can successfully defended his w.b. a super heavyweight title knocking out how simo rock man in hamburg the thirty three year old showing little mercy on his american opponent dominating the box with victory coming in just the second round by way of stoppage extends his record to twenty five victories no defeats clash with multiple world champion for the year klitschko another moves a little bit closer. to cricket for australia are cruising towards the last four stage of the twenty twenty wo

circuit breakers failed. >> a minute and ten seconds now and there's smoke coming out of the breaker. there's definite smoke coming out. >> they go, and they start buzzing and jetting flame. it's unbelievable. i've seen it four times in front of my face. it could have killed me. >> it's a problem that consumer product safety commission has known about for three decades. federal pacific is now out of business but. breakers remain in millions homes nationwide. tonight, our investigation will show you what happens. we'll also show you how to determine if the breakers on your home were manufactured by federal pacific. in the newsroom, i'm tony kovoleski. >>> battling a wildfire near san diego. the details coming up. >>> plus, a new plan to help you get around one bay area city. this one's ecofriendly. good morning! wow. want to start the day with something heart healthy and delicious? you're a talking bee... honey nut cheerios has whole grain oats that can help lower cholesterol. and it tastes good? sure does! right... ♪ wow. delicious, right? yeah. it's the honey, it makes it taste so...

circuit jorge lorenzo points back in the ultimate way to win his second straight son marino grand prix the twenty ten world champion lost his pole position in dramatic fashion in qualifying but recovered with a dominant performance when it mattered abraham's bike problems first saw the race we started on short to twenty seven months paul said or done in producer was also pushed to the back of the grid due to a technical issue and then crashed out without even finishing overall you're lorenzo taking full advantage of his mean rival tools with valentino rossi finishing second. o.t. stuff joining them on the podium in third place. a terrible tragedy in the world of rugby with one of the sport's rising stars dying while trying to save his father over the weekend. nevin spence his brother and father drowning in the slurry type accident the twenty two year old two family members believed to have been overcome by toxic fumes after falling into the pit at their family farm outside northern ireland spencer sr also fell into the slurry pit but survived the accident the up and coming center on wi

as the red bull man overtook teammate mark webber to second in the overall standings vettel is now twenty four points behind a long chalk. this circuit is such a special tomorrow special circuit to most drivers. you know the way that it flows in the history. so to get a victory to the light. is very special especially not to me is easier for me so. very very special we go and find a new k h l season will begin this week and it will see last night if you are a savile participate for the first time since the plane crash which killed the entire team a year ago to commemorate the play's lives and to support their families n.h.l. superstars you can email in and a cover to lead to teams in a charity match with more is arch in korea it's fair. on september the seventh russia will commemorate one year since the tragic plane crash which killed the entire. ice hockey team to mother the tragedy of this year's annual pre-season charity match will see all the profits donated to the victims' families of the. among them this game unites people from various professions under a single lane remembering all those who died in that crash because i'm sure

circuit breakers fail. >> we're at a minute and 10 seconds and there is smoking coming out of the breaker. >> there is a definite smoke coming out. >> the sound is incredible. they start buzzing and it's unbelievable. i've seen it four times. it could have killed me. >> the consumer products safety commission has known about the problems for three decades but has elected not to force a recall. federal pacific is now out of business but the breakers remain in millions of homes. tonight at 11:00 we're inviting you to join us as our investigation takes you inside a bay area lab for a look at how these circuit breakers can fail. there is a simple way to check out if see if your home has a federal pacific breaker. we have a video demonstration at our website at nbcbayarea.com. >> valuable report. we'll see you at 11:00. if you have a tip for our investigative unit give us a call. 888-996-tips. or send us e-mail to the unit@nbcbayarea.com. >> chevron wants to make sure the fire that took place last month doesn't happen somewhere else. the company warns the rest of the industry about the problem pipe which was the root

second look we're tracking the history of b.a.r.t. as it's preparing to come on its anniversary. here's what happened one train caused a short circuit and that caused the train behind it to catch fire. fortunately the passengers all got out safely but a firefighter ended up dying from smoke inhalation. the two would remain close while state officials tried to determine whether it was safe and b.a.r.t. replaced the material in all the seats. here's our coverage now from that night of the fire january 15th, 1979. >> good evening there's a serious fire in the transbay tube. a fire that has claimed the death of a fireman. he died at providence hospital this evening. 18 more have been injured. that fire is still burning in the tube at this hour. what you're going to see is the fire at the oakland west station. at about the time the fire occurred they all rushed to the front of the six car train. ambulances were called to the oakland west station. an emergency rescue train was immediately dispatched from the center tube. the passengers then had to sit on the train for 45 minutes while they waited for help. they were brought out of a passa

the 9th circuit court is recognizing this landmark may tour of the case by agreeing to hear it a second time with an 11 swruj panel and noted a rare exception to the usual rule, our cameras allowed inside. >> this is remarkable, thank you very much. police looking for a person who led them on a chase tonight and a driver crashed into two cars and a van and sky 7 was overhead as one person was being loaded into an ambulance. and the driver ran from the crash scene, officers have blocked off traffic as they continue searching for that driver. >> and a heated city council meeting in oakland is prompting officials to talk about changing the way those sessions are conducted. there is nick smith live with more. the department has been hit hard with layoffs and cuts to the budget. >> absolutely. you know, new recruits will enter a department with problems. there are hits from all sides, public, federal government and strict budget cuts. the chief says if serving the city of oakland isn't in your dna, don't wear the uniform. >> a statement you should know that we're looking at other measures to

champion sebastian vettel finished second ahead of communication and is now twenty four points behind along in the driver's championship but the sixty three points back. this circuit is such a special tomorrow special circuit to most drivers. you know the way that it flows in the history. so to get a victory to the light. is very special especially not with me is easier for me so . very very special we go elsewhere seven birdies in a row have catapulted lewis to susan to the top of the leaderboard at the bank championship in boston he will take a three shot lead now into the final round at the start of the third day he was a shot behind walls number one rory mcilroy but susan's rich saw him cart a sixty three to sail past the northern irishman he was finding the pins all day long mcelroy by a sixty seven and his three shots off the pace tiger woods with six shots back. mcelroy putting out here. there was a convincing win at the european masters to scotland's richie ramsay his final round five under par sixty six gave him a four shot victory in switzerland the stunning scenery matched by is golf is the second winner grounds in professional career the first being th

around the new world circuit sim and shelley commemorating the rider who died last year at leisure twenty eleven winner produce a top dog a rental by less than two hundred the second british writer carl critchlow meanwhile stark from third place. to ceiling we go where the only to see a longer the european flag. to another victory to its flawless record the mocks ja rule ex cup the latest event to go the cruise way robert first onion reports. isn't everything it's the only. the words of american football coach and russell are held in high regard in the sporting world and this is one of the most illustrious examples of it. the one and only boat sailing under the flag of a continent europe with a multinational cream of the crop who were probably the world's most advanced. since its launch into a. boosting victories and record breaking performances and always seeking new and greater challenges the latest one was the. up in the beginning of september for a week the seed turned into belfield for a fleet of three four of the best bulls all over the world. stake definitely the toughest competition as human has ever faced with a weather conditions adding extra dry i don't

on earth is competing in the second race supersport category and his already finished on the podium twice in his debut season one of those blazing came on his home circuit at the weekend. thank you everyone it was a really good race one of the best this season i would like to thank my team and fans for support it was amazing. with emergency team and super brakes and moses continued presence in formula one this stage is set for russia to know we can agree on the motor sports scene and finally get to grips with the need for speed on sunday forty. and finally russia's paralympians are up to fourth in the medal table after claiming straight goals on friday and in athletics. won the men's discuss with a world record throw. out all that took gold in the weather and long john and. took the olympic title in the men's two hundred meters russian i have five goals in life behind china australia a little. post ask why. you know his secret laboratory tim kirby was able to build a new its most sophisticated robot which all unfortunately doesn't give a darn amount anything tim's mission to teach creation why it should care about humans and world this is why you should

on earth is competing in the second race supersport get a break and he's already finished on the podium twice in his debut season one of those places came on his home circuit at the weekend. thank you everyone it was a really good race one of the best this season i would like to thank my team and fans for support it was amazing. with the emergence of the bush team in superbike and not only just continued presence in formula one the stage is set for russia to know we can we play on the mourners board see and finally get to grips with the need for speed once again by the party. and finally the first weekend in september the russian capital celebrates moscow day with fun and entertainment across the city however this year muscovites had the chance to witness a slightly more extreme show as michael catching her strength. at this year's moscow day celebrations muscovites and the city's guests which seated to an impromptu performance by russia's top just dreidels fans were allowed to get up close and personal as the drivers convened in moscow's famous sports complex to show off their skills. were very happy that we're being invited to such events because it brin

champion sebastian vettel finished second ahead of him you like it and is now twenty four points behind along in the driver's trying. ship is sixty three points behind. this circuit is it such a special tomorrow special circuit to most drivers. here the way that it flows in the history. so again every three days from the lights to flag is very special especially it's not been easy for me so yeah very very special we. now russia have won six more gold medals at the paralympics and the fourth in the medal table the latest victories upcoming archery and also most of all the other big six of his day is that it's that soft and alexei loves it took respective gold in the men's one hundred and four hundred meters into the fall about a market out one the women's long jump and russia has also claimed a fourth swimming gold at these games a man called off was the winner in the men's one hundred meter butterfly with compacted static a point i'll take the silver tonight it's twelve medals overall in the court. for me moscow pistorius has apologized for his comments optimizing his t. forty four two hundred meter title the south african claimed the artificial legs warmed by wh

on earth is competing in the second race supersport get agree and here's a lady finished on the podium twice in his debut season one of those placings came on his home circuit at the weekend. thank you everyone it was a really good race one of the best this season i would like to thank my team and fans for support it was amazing. with the emergence of the team in superbikes and moses continued presence in formula one this stage is set for russia to now become a play on the motor sports scene and finally get to grips with the need for speed on sunday for cheap. and finally russia's paralympians are up to fourth in the medal table off the training spray goals on friday and say ok enough let six flags bear up. one man's disgust with a world record throughout that it's as i said all about to go out and with his long johns and. took the length of time it was two hundred russians that have five goals and right behind china australia and ukraine. and that's all the sports news. sigrid laboratory tim curry was able to build the world's most sophisticated robot which all unfortunately doesn't give a darn about anything terms mission to teach creation why it should c