ted simon, is the civil testimony coming into the criminal case? >> well, first, let me wish you a happy new year to you and your audience, a happy and healthy new year. your question is an appropriate one. and i think the only answer is, we don't know. the ruling was by a federal judge in a civil case. the issue remains open in the state case so it will be an issue. by the way, with respect to judge robreno who i appeared before in many civil cases, his ruling was not limited to the hypocrisy which you pointed out. he indicated there was no final order and felt he a reduced zone of privacy based on the run said. he also didn't have the confidentiality agreement which none of us know. and further, the only parts that were unsealed were motions that in part included references to the deposition. we don't as yet have the complete deposition. even the reference you that made with respect to -- that he had had acquired quaaludes with the intent of using it for young women also within the criminal complaint, he immediately thereafter said i misunderstoo

al jazeera spoke with ted simon, an attorney with the national association of criminal defense lawyersed him to explain why he got than couch had yet to be extra dated. >> there are a number of issues in this case, including one, whether or not the deportation proceedings were properly invoked, two, whether or not the offense that they're seeking his return for is actually one identified in the treaty, because the treaty only speaks of manslaughter. it doesn't speak of intoxication manslaughter, and there is a difference, and all of these terms will be decided by the domestic law of mexico. the same thing happens here. even though extradition is international, the application of the terms within each treaty is decided by the domestic law. there remains to be quite a number of questions as so whether or not he will be returned. i'm not predicting he will or he won't but there is a number of thorny issues. >> simon says the extradition process is much harder than the deportation process which is why officials tried to go that route first. >> for the third week in a row, the force is stil

1996 gop nominee bob dole is here to explain his dislike for ted cruz and where he stands on the rest this year's hopefuls. >>> and a classic simon garfunkel song turned into a memorable bernie sanders ad. i've got art garfunkel here to talk about it. >> announcer: this is cnn breaking news. >>> first, the latest on this brutal snowstorm, dumping 18 to 40 inches of snow in the northeast that has already caused eight deaths and the cancellation of 9400 flights leave 160,000 people without power. ten states and the district of columbia have declared states of emergency. to give you the sense of the scale we're talking about, virginia state police reports last night, they responded to 989 traffic crashes. there are 33 million living in areas under blizzard warnings. kentucky state police workin to free travelers stranded on interstate 75 on top of everything. tides on the rise putting shore towns at risk. joining me now, cnn's boris sanchez on the jersey shore. what's the very latest? >> reporter: michael, good morning to you. this is serious flooding. is this margate city, just south of atlantic city, vidmer avenue. standing on nea

ted cruz using his own words to question his stance on immigration. he shot back with his own spot, blasting trump's support of eminent domain laws. meanwhile crowds are supporting him to the tune of simon and garfunkel's america. a new poll shows sanders with an eight-point lead over hillary clinton among likely rather democratic presidential caucus goers. >>> have a tip for new york's biggest i-team? call 866-news-244 or e-mail tips @nbc new york.com. >>> quick reminder, working 24/7 to track tomorrow's monster storm. we just got an update, it'll hit earlier than we thought, about 1:00 or 2:00 in the morning with the heaviest snow hitting between 7:00 and 4:00. we could see a foot of snow in the city. parts of new jersey may get even a little bit more. >> don't panic, just be prepared. as a reminder, mayor de blasio will give you an update at 1:30 today. we're going to carry that live right here on nbc 4. we'll also be streaming it on don't have access to a television, grab your snoen and tablet and "days of our lives" will run on cozi. >> you don't have to miss your soaps. >> see you back here at 5:00

ted cruz remains second with 19% ... three points higher than december. enthusiasm for both candidates has risen among republicans... though 53% believe trump will be the eventual nominee./// ((patranya bhoolsuwan)) > four years ago, todd simon was coaching high school basketball, today he's leading the runnin' rebels. simon's debut unfolded at the mack. and the i-team's george knapp does some digging into boulder city... and gets handed a subpoena. the new details surrounding the police chief's resignation./// ((tedd florendo)) >it's going to be another cold one. no freeze alerts issued, but down near freezing again none the less. here are your current temps outside. i'll be back with a pinpoint look at your forecast in a few minutes. they say denny's 7-pepper spicy skillet is crazy spicy, but how crazy could it be... denny's. welcome to america's diner. the flu virus. it's a really big deal. and with fever, aches, and chills, mom knows it needs a big solution: an antiviral. don't kid around with the flu, call your doctor within the first 48 hours of symptoms and ask about prescription tamiflu. attack the flu virus at its source with tamiflu, an antiviral that helps stop it from spreading in the body. tamiflu in liquid form

simon and garfunkel's "america" with faces of his supporters and inspiring images. it is 2008 all over again. >> rose: let me turn quickly to the republicans, first in iowa. where does that stand? is tedgoing to win? >> most of the recent polling has shown either the race tight or trump doing better, cruz doing worse. it's a battle for first. barring a huge unexpected, it's one or the other. the tale between the two of them will be hard fought over the next two weeks now that you see we can-- eye week and a half, rather-- now that you see trump is engaging with trump, cruz is engaging back every day, and it's impossible to say who is getting the better of the exchanges, but i will say trump has a strong message that he's driving hard, the fact that the governor of iowa has now made it clear he doesn't want cruz to win. sarah palin will help trump in iowa. he's planning a lot of visits. if i had to bet today, i would bet on trump. >> rose: we focus now on the news that a british government inquiry has implicated russian president vladimir putin in the assassination of a former russian spy, alexander litvinenko, who died in london from radiation poisoning in 2006. two russian operatives

ted cruz. >> meanwhile, hillary clinton's main competitor bernie sanders has turned to folk music icons. simon and garfunkel lent their music to the new sanders ad. ♪ they've all come to look for america ♪ >> yeah, this ad has gotten a lot of attention. art garfunkel spoke with our michael smerconish why he decided to let sanders use the classic song. >> i like that bernie is very upset by the gap between the rich and the poor. i think that's central. the power of money to -- when bernie says hillary gave a speech and got $275,000 for that speech, you got to give a very good speech to earn that money. he's winking as we know the power of whoever backed her. and she's beholden to them. that's how america, would till somebody says not with me. >> does the purpose of the song if you read the liner notes and i remember what liner notes are, does it match the message of that commercial or is it that we just love seeing the faces and love hearing america? >> i think we love hearing america. so much of news is looking at what happened after the fact. and then making a story. but i think i just acquie