naval intelligence he will be out on november 21st. that's it for me. thanks very much for watching. presidential candidate john kasich by the way, will join me at 5:00 p.m. in "the situation room." in the meantime, the news continues next on cnn. wolf blitzer, thank you so much. great to be with you on this tuesday. i'm brooke baldwin. you're watching cnn. we'll have much more on that breaking news that wolf blitzer and evan perez were just reporting here on the israeli spy here. but first, she helped two murderers escape from prison and now joyce mitchell is facing her own time behind bars up to seven years, in fact. she was sniffling and crying here in court. she pled guilty in an upstate new york courtroom. richard sweat and david matt

caused hundreds of law enforcement officers into overdrive and june 26th matt was shot and killed and then richard sweat was caught and captured. mitchell only admitted that she did indeed smuggle in the tools the men used to get out. the district attorney says she's cutting a deal and, by doing so she's saving herself from other charges. >> that's exactly what she gets is not filing any type of sexual assault, rape charges that could possibly be charged against her relative to these allegations of sexual conduct between her and david sweat or here and richard matt. >> let's go to alexandra field in plattsburgh, new york.

can you give me an idea of what realistically she could be facing here? >> reporter: sure. the sentence is 2 to 7 years and then another year on the prison propaganda charge. her attorney says that with good behavior she could end up serving something more like two to four years in prison. this woman came into court today, admitted her guilt on the two charges that she was arraigned on over the summer. she was arraigned on the charges today of admitting her guilt. her attorney says she's remorseful. she appeared emotional. here's how he described her state of mind shortly after that hearing. >> she got in over her head into something that she never should have started but she did and she's paying the price now but she realizes that she made a

horrible mistake. >> [ inaudible ]? >> she has. i think she had certain ideas and i think matt got her to feeling good about herself, better than she had for a period of time and she was swept off her feet a bit. >> reporter: the terms of this deal will require her to cooperate fully and you already mentioned this does protect her from other additional charges. >> we're going to get into that now, alex field. thank you so much. joyce mitchell pleading guilty today to promoting prison contraband. and the clinton county investigation is still ongoing at the prison. here's more from the d.a. >> potentially there could, based on the investigation, allegations of other actions

that joyce mitchell took or participated in during her employment at clinton correctional facility. if something along that nature arises during that investigation, my office would be advised on it and we could pursue additional charges against miss mitchell. >> all right. with me now i have former clinton correctional facility inmate eric jensen who knew both of these guys and joyce mitchell and also with me criminal defense attorney eric guster. gentlemen, good to see you both. >> good to see you too. >> when i saw her in the courtroom wiping her tears away i got into this discussion of who feels bad for you and who doesn't. i have to ask you, is there any part of you that feels for her? >> no. >> no? >> she knew what she was doing. >> she deserves every bit of time she will be serving? >> right. probably more. >> i feel like it's worth, again, going over what these allegations -- this is a woman who, you know, according to different people was supposed to be the getaway car maybe

heading to mexico stashing and helping getting this hacksaw blade into the prison in meat to help these guys get out. according to david sweat, she wanted her husband killed. what exactly is she today admitting to? >> promoting prison contraband just getting things into the prison which is the lightest charge. >> it is the lightest charge. >> to most people getting in cigarettes or some pills, not sawblades and hacksaw blading to help these murderers get out of prison. she wasn't helping someone do a tax evasion case. these are convicted murderers she set out on the street and scared the daylights out of people. i imagine she's helping them like the report just said, helping them with the investigation. >> cooperating. >> yes. there has to be something that she knows on some top level

people that makes them only want to give her 2 1/2 to 7 years. >> only 2 1/2 to 7. >> yeah. >> in that only 2 1/2 to 7, how will she be treated? >> she won't be treated well i can tell you that much. >> why not? >> these guards everybody knows, she betrayed them. >> but she was one of them. >> she was. but now she betrayed them and came one on the other side of the law. and she won't be treated well. she will be put in an app unit, involuntarily protected custody because she's a high-profile case more likely. so she won't have as much you know -- she won't be able to speak to other inmates. >> that's the question they were saying she betrayed us and then the other inmates, you don't think they would say, hey, pat on the back for helping us get out? not at all? >> they might but she'll be around other high-profile

inmates as well. >> the former seamstress who tried to help these guys get out. >> excuse me. she did. not tried. she got the tools to help them break out of a maximum security prison. a real-life "shawshank redemption." she only got 2 1/2 to 7. that's what you get for smuggling in cigarettes. >> what about that other corrections officer, jean palmer who he was the person who apparently had said meat with hacksaw blades inside who said he had no idea what was coming into the prison not waiving his rights of the grand jury. >> he may have only thought it was meat. people in that ward were cooking, doing all kinds of things. and if you innocently think that you're doing something like just smuggling in meat for these people to cook it's not as bad as a hacksaw blade or some other

tool for people to get out like joyce was doing. this man may not be guilty of the higher level offense because everyone in there was doing that. >> this final question to you, my mind is still going back to joyce mitchell having done time what one piece of advice would you give her? >> stay to herself. careful who she surrounds herself with and good luck. >> yeah. >> good luck. eric jensen and eric guster thank you both. tonight, "the great prison escape" airing tonight at 9:00 on krncnn. coming up next donald trump's adviser under fire for saying you can't rape your spouse. he's now explaining himself. it's also a threat to a reporter that's creating quite the controversy. also as the search gets increasingly desperate for these two missing 14-year-olds experts say they are really close to the limit for staying alive in the water and new

developments in the case of that person who shot this man who could be a possible serial killer. a kill kit was found in his car. what could that mean and what are investigators thinking as far as other missing women in multiple other states? that's coming up. ♪ the goodness that goes into making a power kale chicken caesar salad is rivaled only, by the goodness felt while eating one. panera. food as it should be.

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okay. time to talk trump. usually it's what he says that puts him in the spotlight. this time it's his top adviser. executive vice president of the trump organization and a man who has been on cnn speaking on behalf of trump, he was asked about donald trump and his then wife ivana trump. she described an incident as rape and here's what cohen has said here in response. he said this.

he said, "you're talking about the front-runner for the gop, presidential candidate as well as a private individual who never raped anybody and, of course you can't rape your spouse." he went on to say, "yes it is true you cannot rape your spouse and there's very clear case law." now cohen is backing off. jeremy diamond, what he is saying for himself now? >> we have a statement from michael cohen. it's an apology. he says, "as an attorney husband and father there are many injustices that hit me at my core. rarely am i surprised by the press but the gall of this

particular reporter to make such a reprehensible and false allegation against mr. trump only stunned me. in my moment of shock and anger, i made an inarticulate comment which i do not believe and which i apologize for." >> let's get to the reporter because it's not just what he said about rape right? it's the threat he made to this reporter. and so let me just read this. the reporter was tim mack. the situation evolved quickly. "i will make sure that you and i meet one day while we're in the courthouse and i'll take you for every penny that you still don't have. and i will come after your daily beast and everybody else that possibly know. i'm going to do to you is going to be f'ing disgusting.

you understand me?" this is trump's inner circle. is this sort of the m.o. for those in his circle? >> i don't know. michael cohen is a bit of a different figure from a lot of the other folks on the campaign and his campaign made a point of saying today that michael cohen is affiliated with the trump organization. that is mr. trump's company and not the campaign itself. they've tried to distant him from the campaign but he's been on air, on cnn, on other channels acting essentially as a surrogate for mr. trump, going after his opponents. and so to that extent -- and to add to that a lot of mr. trump's campaign and his platform is focused on the fact that he can bring good deals. he can surround himself, hire the best people and this certainly raises questions about that. >> jerry diamond, thank you so much. >> thanks, brooke. coming up next the search

for the two teenage boys lost at sea is now expanding. we'll talk to a marine survival expert as to how these two teens could even possibly survive after their fishing boat capsized days ago. also more on breaking news as the administration defends its deal here with iran we're learning the united states will release convicted israeli spy before the end of the year. parole being granted. but the question now is why? why now? you're watching cnn. listen up... i'm reworking the menu. mayo, corn dogs... you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. with nine grams of protein... and 26 vitamins and minerals. ensure. take life in.

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at this hour still no sign of the two 14-year-olds missing off the east coast of florida. austin stephanos and perry cohen disappeared last friday. the pair could be alive because they say they know what they are doing. they are holding out hope. i want to bring in mario, a

retired u.s. coast guard and a survival expert. you sort of hold on to that sliver of hope. maybe not necessarily because of their younger ages but because of the fact that what the boat capsized sunday which means perhaps they haven't been in the water for all that long? >> yeah, well they are experienced as boaters and their age. once they get into the water, the ocean doesn't care about those things but i think there's still a reason to look. i know they left friday and we found their boat sunday. i don't know when the boat turned over. probably it turned over friday but did they hang on through sunday morning? i think the coast guard -- and they are -- taking those into consideration and extending the search time. >> you're right. the oh eggscean is not for giving. how warm would be water be off the coast of florida there? >> it depends on where they are.

farther north they go it gets warmer off of georgia and the water temps is an encouraging thing. if this had happened in maine, the water is too cold and we could have called off the search. what you are really fighting is dehydration. it's been a long time since they've had a drink and that's a real problem out there. >> how would you survive 4 potential days given that being such a challenge? >> listen if they went into the water on friday we're really hanging on to miracle time here and that's -- i'm still willing to look and think they might survive. there's not much to do. there's not much survival skill involved with being in the water. if they don't have flotation, then it's over. but if they do -- and it's possible that they do i was earn couraged they only found one life jacket. so they have to try and stay

strong. there is nothing to drink and you can't do anything about the temperature. i don't know when they went in so i wouldn't be willing to call off the search unless i started the clock from when they left the boat. the coast guard uses a tool that they plug in all of the guess numbers, the water temp sea temp the weather and i think they have to start that clock from sunday morning and i'm sure that's probably what they did and why they are still searching. >> let's hope that's a good sign and that these two boys are okay. mario ratone thank you. >> thank you. coming up here's something i never thought i'd be saying. could there be a lion on the loose in the city of milwaukee? i know this is tough to look at but this is video of thiscreature that has set the city on alert. we'll talk to the animal control there. what they think this kreechcreature is and how they are trying to trap it. that's coming up.

also the united states granting parole to israeli spy jonathan pollard. he has been behind bars for nearly 30 years. so think about the timing here. why might this be happening now? stay with me.

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♪"once there was a hushpuppy" by dan romer and ben zeitlin ♪ is man kind? are we good? go see. go look through their windows so you can understand their views. go find out just how kind the hes and shes of this mankind are. just past the bottom of the hour i'm brooke baldwin. let's get to the update involving jonathan pollard, convicted of spying for israel against the united states. this as we just came on the air here we've been learning that he has now been granted parole and that he is scheduled to be

released from prison this upcoming november 21st. his attorney points out that this will come 30 years to the day since he entered prison. i have cnn presidential historian douglas brinkley joining me now. doug great to have you on. i mean this is something that has been fought for decades and decades and decades. my real question to you isn't whether or not, you know you're surprised that he's being granted this parole and there's still the question of clemency really the question of you look at how angry israeli prime minister benjamin netanyahu has been over this potential deal with the white house and iran. is this a coincidence or not at all? >> i don't think it's a coincidence. it's been a bone of contention between the united states and israel the past few months. people wonder if this is a low

ebb between the u.s. and israel in history. this shows that the united states and israel are closely aligned and it's a great help to president obama in trying to build a case for the iran nuclear deal and take this issue off the table, if you like. >> you think it will be taken off the table? you think this will appease israel over the iran deal? >> no. it's big news released in israel less so than in the united states. pollard served 30 years. as i said it's been a bone of contention since 1985 and now the president can say we are good friends with israel we're doing this sort of gesture. your government has been asking for pollard back. you're going to get him back. it helps calm the public relations waters. republicans have been hammering on the iran deal saying that it's anti-israel. by releasing him, it shows that the president is still doing

diplomacy not just with tehran but tel aviv and trying to keep the relationship with the united states and israel chugging forward. >> let me pivot. i wanted to ask you before the news broke about the president's comments in ethiopia. president obama told african leaders that he realizes his time is coming to a close in office and said if you were to run for a third term he thinks he would win. >> i am in my second term. it has been an extraordinary privilege for me to serve as president of the united states. i cannot imagine a greater honor or a more interesting job. i love my work. but under our constitution i cannot run again. i can't run again. [ applause ] i actually think i'm a pretty good president. i think if i could run again, i

would win. but i can't. >> despite his confidence the theoretical third obama campaign might be more difficult than the president makes it sound. let me show you some numbers. in a new cnn orc poll only 41% say the american economy is in good shape. 59% describe it as poor. that's a great decline from april when 52% said it was good. new data compiled by the federal reserve bank of st. louis is says that median family wealth has fallen nearly 5% since 1989. so doug just sort of back to you, when you have you know the majority of americans saying that the economy is not in the best shape, not to mention, as we were discussing the iran deal the majority of americans don't favor it what do you think was behind the president's i could win again line or do you think it was in response to the fact that he was talking to african leaders about term

limits? >> no i think this person feels he has some wind in his sail. it's been a good summer for him ever since the supreme court sided with him on obamacare, you might want to call it a cockier attitude about himself and he's no longer painting himself as a politician. you have 16 republicans running and hillary clinton has e-mail problems. he's able to say now i'm a world leader i'm a global leader and he's talking to a global audience. this is about legacy. he wants to say, i could have won a third term. that's moot we'll never know. but this shows the president going out of backing his record not being in a defensive crouch. >> i hear you. back on the economy, he spent his first term really trying to bolster it and americans, though seem pretty pessimistic.

>> i know. and i thought it was a wonderful piece cnn money has and it's worth people reading about the disparity in wealth but it's a story of america changing since 1989. we've had a series of administrations that don't seem to be able to help the middle class and the disparity, whites in america 12 times more wealth than african-americans. although it shows that african-americans and hispanics and asians are gaining better access to money in our society. but this is a president that is probably not happy with the way that the economy is. he feels he got us out of the great recession but the economic indicators and the discontent of americans about their economy not forging forward is i think, one of the achilles heels of the obama years and seems unlikely to be solved in the next year. >> doug brinkley appreciate it.

their eyes are not playing tricks on them. that's what dozens of people living in milwaukee are saying about this wildcat. maybe it's a lion, some kind of creature that's been roaming around their neighborhood. some people are worried, are the sightings even for real? there seems to be proof, though this cell phone video shows some kind of wildcat trolling the streets. i don't know what this thing is. even police say that they have seen it. so where is it? what is it? joining me now, i have karen sparaconi, the director of animal control commission for milwaukee. nice to have you on. >> thank you. >> i know last weekend you were out and about with police wardens to try to find this kreech. you guys don't actually know what you are looking for. all of the big lions and cats are accounted for in the zoo. what do you think it is?

>> we honestly still have no idea. we went into this thinking it was a wild animal and every once in a while we'll have a wild animal venture up north down into the suburbs. the last one was a bear that we caught and brought back up north where it belonged. but as the days have gone buy and the sightings have continued, we had a milwaukee police officer who was familiar with the african mammals who has spent some time in africa who saw it friday night. he seems convinced that the animal is a juvenile african lion. that's the premise that we're going under right now, that it's a juvenile african lion that was an exotic pet that for whatever is out and about out of its housing. >> so you do think it was an exotic pet. i was just on a safari last week. first time i saw lions in person. i'm wondering, if that was in africa how the heck would you have an africa juvenile lion in milwaukee? you're saying this was someone's

pet? >> yes. it's a big industry. exotic animal breeders is a big industry and that's a very big demand for large cats. they are bread mostly in southern and western states. we just checked on the internet the other day and there's a litter of white tiger cubs available for adoption and wisconsin does not have current restrictions on bringing those animals into the state and owning them. while there's local ordinances here in milwaukee, there's no state regulations on their care upkeep or what can come in. so we do believe that it was a privately purchased animal kept by a resident in milwaukee that somehow it escaped or the person was overwhelmed and let it out knowing that authorities would capture the animal hoping to get it to a sanctuary. we think the person at this point, especially with all of this hoopla around this situation, is afraid to come forward due to financial and

legal consequences of what's been going on. >> that's an excellent word. hoopla. i mean every article i read on this. but at karen, you could just bring this home for me what is it like in milwaukee right now? tell me about the calls that you've been getting from people who think they have seen this thing. tell me about that. >> yeah. it's insane. it's been really off the charts. i run a humble little animal control with dogs and cats mostly and this milwaukee lion has a twitter handle two separate facebook most of the calls come in for sightings go to 911 but we're getting calls from people that are afraid rightly so people should always be cautious especially when there's potentially a lion running around the neighborhood. >> can you blame them absolutely not. this does not normally happen and it's an unfortunate consequence of people that take on animals that they should not, that are so cute as cubs and

they bottle feed them and bond with them. it's intoxicating to have a wild animal like a lion or tiger living in your home with you but unfortunately they do not stay small and they get quite big and they are hard to feed and there's no way to give them any quality of life in a private residence, especially in a city like milwaukee where people have postage stamp property. >> i hope you find this lion and i hope it's okay and you're able to place it somewhere safely and maybe not in the home. karen, thank you so much in milwaukee. we've got breaking news out of the nfl. the league moments ago revealing whether tom brady's punishment for deflategate will be up heldheld. that is next. ♪ ♪ ♪

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okay breaking news here. we are now learning the nfl has decided to uphold the four-game suspension for tom brady here of the new england super bowl winning, the week of deflategate which we covered for weeks and weeks. this is a big deal that we have this conclusion. i have sports anchor rachel nichols with me. it's a big deal that, a, they've upheld his four-game suspension but, to me the real nugget of all of this is the cell phone news. >> yes. one of the big bones of contention in this investigation was talking to tom brady, what evidence was he going to give them in terms of his testimony and physical evidence would he give them. the nfl doesn't have subpoena power. they can't force you to hand over your cell phone. tom brady said he didn't want to do it. they said give us anything relevant. go through the text messages

yourself. he and his lawyers decided they didn't want to do that. that's what we knew before today. just minutes ago, the nfl added the little detail that, according to them tom brady ordered the cell phone that he had used for the four months prior to being called by investigators, he had ordered it destroyed. >> wow. >> and that cell phone, again according to the nfl, had sent more than 10,000 text messages. now, maybe they were all to gisele. we have no idea. but we don't know what was in those text messages. but what we do know is we know for a fact -- because i myself heard it from brady's agent, that they did not give the phone over they did not go and give the text messages to the nfl as they asked and now it goes much further. he destroyed the phone. >> no. no. no. he himself ordered it to be destroyed? >> do you think that's in the

entourage, a phone destroyer? we're making light of what some people say is a crazy situation and the fact that, according to the nfl, he not only didn't freely give evidence but went so far out of his way to destroy evidence with the major thing that they cited today in upholding his suspension. >> and the twist of this which is important to remind everyone it was the game against the indiana colts in which the deflategate happened. >> four games back after -- where will he come back? he will play the indiana colts in indianapolis. of course that's still an if. even though he's been suspended, even though that suspension has been upheld the real issue now is will tom brady and the players association take the nfl to court in they have said loudly for the past week and a half, if that suspension is upheld we will go to court. we will sue you. we will cause all kinds of discovery where the nfl's private e-mails, maybe the

e-mails of some of the owners are asked for in discovery, it's going to be embarrassing they have threatened. we'll see what they do. the nfl has called tom brady's bluff and the player associations' bluff. this is the most powerful sporting figure roger goodell, fighting against the most successful quarterback of this country. this is the heaviest of heavyweights. we've never seen anything like this ever. >> can you stay with me? i want to bring in a voice who we happen to have on for an entirely different segment. this is a former head coach of the texas revolution but he was drafted -- you played for the pats in the late '90s. i think this predated tom brady's qb. but as a patriot and patriot's

fan, you're hearing this like everyone else for the first time. your reaction? >> i tell you, ordering anything to be destroyed in any given case across america, you know that's tampering or whatever it is that doesn't look good. but, you know once again, like i've said from the beginning of the situation, who really cares if the ball is really deflated? that's somebody really looking for either you know a story or something. so it's really mind boggling for me. >> well the whole bit about the psi, that is important because there are policies in place precisely to prevent something like that you know but bottom line the whole thing about evidence tampering, yes, is a big deal. i'm also wondering about pats fans. they were talking about the free

tom t-shirts. if you're a die hard pat fan, right? >> right. yeah. i think, you know with him being suspended and doing all of the different things that's taken place with this past season alone, just everything that is going on and for his name to be out there like he was just speaking up about how powerful he is i know he may fight it but if he gets suspended four games, there's so many guys that have been suspended for so many different reasons and nfl in each part of the league take it and keep moving. >> devin, thank you. rachel final question to you. it's four games. how does that sit with you as far as fairness? >> well if he really did order his phone destroyed in an investigation. >> yeah. >> this is a message that the nfl has to send not just to tom brady but to all of its players. the nfl, again, does not have subpoena power.

it's a key issue in in this. they can't force the players to do anything. the only thing they have is a big stick and saying what we can control is you getting on the floor and playing. this is a message to all players across the nfl, all word is law, no matter what. it will be interesting to see if it stands because, again, the nfl players association has said we don't like that idea. we're going to take you could court. we'll have to see if that file that. it will come in the next 24 hours because they want to fire an injunction so tom brady can get on the field while this is being decided. more to come. it's a big chess game. more on the breaking news. we'll be right back. listen up... i'm reworking the menu. mayo, corn dogs... you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. with nine grams of protein... and 26 vitamins and minerals. ensure. take life in.

all right. back to our breaking story here we've covered this for quite a while here. the super bowl champions, the new england patriots have been in the is itmidst of a battle over

deflategate. tom brady's four-game suspension has been upheld and to take it a step further according to the nfl -- because, as rachel nichols, who we will bring in right now, has pointed out over and over and christine brennan as well because the nfl doesn't have subpoena power and say, hand over any evidence that you have related to this each with deflategate, and so what's the bit about the cell phone? >> right. they asked him to give over the cell phone. in fact they ask everybody involved with the patriots organization who they questioned to give over their cell phone. >> we want to see your communications. >> we want to see your communications. but the nfl cannot legally require you to give it to them. so one of the points of contention in this investigation was, did you cooperate or not? >> yep. >> and what they can do is take away games as part of a suspension if you don't cooperate. there's two kinds of not cooperating and the nfl made

that distinction today. one thing is just saying no which is what we although and what his lawyer said a couple months ago. there's a difference between saying no and actually going out of your way to destroy evidence. and the nfl has claimed in their press release today that tom brady destroyed the cell phone that he had been using for the four months prior to when he was questioned by nfl officials and then on that cell phone, during those four months there were 10,000 text messages that the nfl would have liked to have known the contents of. again, we don't know what was in the text messages. tom brady is a very famous guy. he's got a very famous super model wife. he leads a very private life which is maybe why he didn't want to turn over his cell phone. the nfl made an allowance for that. they said great, you don't want to give us your cell phone, you don't want the messages to

gisele to be public you give us anything that you see relevant and tom brady and his lawyer decided they didn't want to do that. perhaps not to set the precedent for future players. >> they didn't want to do that but -- >> they basically said you don't cooperate and you really don't cooperate by destroying evidence we're going to throw the book at you. >> and christine brennan, let me bring your voice in here as well. not only did they discover that tom brady destroyed his cell phone, he had his cell phone destroyed. and again, the issue is these four games -- upholding the four games of suspension. what's your reaction? >> you know tom brady had an opportunity to help out, to participate. think of all of us in our workplace, if we were asked, you know -- we need this for an employee or a co-worker and you don't participate, how many of us keep our jobs?

if you look at it through that way, it become as little clearer because to the average american that this is a problem and i think he's destroyed his cell phone, he actively participated in doing bad things and made it difficult to find out what they wanted to find out. i think even more people who are not on his side especially as he goes forward in the court of law. >> okay. let me bring rachel back in. it's important to point out, sort of like at this 30,000-foot view you have roger goodell, bill belichick, tom brady, goodell was presiding over the appeals hearing, wasn't he? >> right. this is another issue with the players association. the way things are set up the players association has no one to blame but themselves.

this is collectively bargained. they apreegreed to this but they agreed the nfl office could punish a player and the person who could hear an appeal if a person thought it was unfair was roger goodell, the commissioner. so roger goodell is hearing an appeal of a decision that his office made. we normally wouldn't have that in say, the courts or other parts of society. >> right. >> but it's the bargain that the players made so that is what happened. now, when they file a lawsuit -- which our understanding from tom brady's side is that they plan to file. >> file a lawsuit because they wanted to play the four games? >> file a lawsuit. and the grounds object the federal lawsuit wouldn't be on if they deflated the footballs or not because judges don't get involved in arbitration cases. this is basically an arbitration case because of the collective bargaining issue. one of the things is hey, roger

goodell should have recused himself because even though this is in the cba, there were enough other factors going on here that he shouldn't have heard the appeal of his own office's decision especially when he was called as a witness in the appeal. so this has been bizarre for the past month because at the appeal hearing, where tom brady is appealing a decision roger goodell's office made to roger goodell, roger goodell, while being the judge and jury, was also a witness in this proceeding called onto the stand by tom brady's lawyers. you can't make this up. >> incredible sports story. >> and again, we're talking about the most powerful man in american sports the commissioner of the nfl against arguably the most famous athlete we have in this country. >> i don't think you can say that enough. >> it's unbelievable that that is happening. it's about to go even deeper from what we understand. >> christine, stay with me.

i have a former nfl referee on the phone. jim, you know the rules, nfl rules, game rules better than any of us. when you heard about this the suspension will be upheld the destruction of the cell phone, your thoughts sir? >> well it's kind of interesting. you know this has always been a nonissue to the national football league officials for the over 25 years that i was involved and even before that you know ball inflation has never been an issue but the nfl spent so much time and money and it's been such a high-profile issue that something had to be done. i just don't think we're seeing the end of it right now. >> do you think roger goodell should have recused himself over the appeals process? >> i don't believe so. because i feel that according to

the cba, he's supposed to be doing that. it's hard. it's one of the situations that has been dealt with for years and years through all of the collective bargaining agreements whether it was roger goodell, they have been the final voice of these appeals. but i think roger made the decision he had to make and they are all going to have to deal with this. >> jim, stay with us. rachel i'm having a news conference when we saw tom brady -- and i'm trying to remember exactly his wording when he was face-to-face with members of the media asking essentially if he had cheated. what was it that he said at the time? >> someone asked tom brady if he was honest a variation of that question or truthful. he said i believe that you would find that i am or some version of that. that is what you are thinking of. >> yeah.

>> and it was a little bit of a stutter. and through that whole news conference there were several times that he looked very uncomfortable, which is not surprising when you're being peppered by the national media but he stopped short of making declare tif statements but that caused a lot of people at the time to question what was going on. because that had been preceded by a news conference from his coach, bill belichick and he said i have no idea about any of this. you have to ask tom. everyone went and asked tom. there were some holes in the press conference. he came back later over the ensuing week or two and made stronger statements. so it may be in that news conference he was a little nervous or didn't know quite what to say or maybe he had been prepped in the interim time. in that moment there were a lot of people questioning what he said and i'm sure we'll replay it here in the next hour. >> yes. yes. >> we will be replaying it over and over again. >> yes, we will. >> over the coming weeks because

now, again, it's in question. tom brady could likely very welcome out and say, hey, i always destroy my cell phones every few months after i get a new cell phone. i can tell you for a fact a lot of nfl players, nba players change phones with more regularity than you would imagine. >> really? >> all of us normal people we get our telephone, have a two-year contract we break it desperately try to fex it or peer for through the shattered glass. it's expensive. players are being given new phones by people they want to endorse things or just because they are famous all the time and i will be dealing with a player on a story and try to text or call him and suddenly his agent will pipe back at me and say he has a new number again. so it's not out of the realm that tom brady may have changed cell phones, or says now that he destroyed cell phones we need to hear his side. this is so far the nfl side. tom brady destroyed his cell

phone and they see that as a direct intention to obscure this investigation. >> when do we think we'll hear his side? >> i assume minutes from now. i haven't been able to check my phone while on the air. >> i'm going to give you a second to check your inbox. jim, if you're hearing, they have upheld for now this four-game suspension for all of what we've just been discussing. do you think that is fair? big picture. >> i think it's fair. the thing that is so interesting to me is this has been a major issue with the national football league and last week the nfl officials had a three-day meeting in dallas where they discussed new rules and procedure, et cetera. there was not one word about preparation of football. now, i understand through a report from mike that a new decision has come out but the -- in talking with nfl referees and

officials right now, none of them are aware of any new procedure until they were aware of it until the last day or so. nothing was discussed in dallas which surprises me when this thing was such a major issue. and now you have all of the officials together and they didn't even talk. >> do you think from a pats' perspective, that this sort of puts a chink in hisin his armor for this mvp qb? >> tough question. you know i just don't know. i think this is something that needs to be addressed. it was addressed. i think they need to move on and stop playing football and quit worrying about the psi of a football and just play the game. >> okay. i'm going to go to rachel because she's looking at me like she has some information.

>> i do. >> excellent. what have you learned in the two minutes we've been talking? >> while you were talking to jim, as this news has broke, i took a moment to read the more lengthy nfl decision. it's 20 pages on my cell phone. i'll have to print it out and see how many pages it is but they will decide whether to take this to court. during the appeal hearing, tom brady and his attorney said that it is brady's practice to get a new phone. it is his practice to destroy his cell phone and s.i.m. cards. i'm looking here now. and that he would have ordered his assistant to do that or done it himself when he gets a new phone. now, the kicker of that is that he allegedly did this the day that he was questioned by ted wells in the investigation into the patriots deflategate

scandal. >> no kidding. >> so you can believe whoever you want to believe. the nfl has clearly taken the opinion that this explanation doesn't exactly hold water. they feel that this is a direct attempt to stimy their investigators, tom brady and his attorneys and those representing him in this case are saying hey, tom gets a new cell phone, destroys his cell phone, he has his assistant destroy the s.i.m. card and just happened to do it on the day the investigators came to talk to him. we're going to have to see, again -- >> you be the judge. stay with me. we have more on this breaking news but i also want to tell you that we're getting word here that a man in florida -- more breaking news -- a man in florida has just been charged with trying to use a weapon of mass destruction in the united states. those details are next.

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. all right. we have more breaking news right now here involving this alleged bomb plot this apparently isis-inspired -- i'm just looking down. isis-inspired backpack bomb plot. a person by the name of harlem suarez 23 years of age from key west florida, has now been charged with this criminal complaint with attempting to use this weapon of mass destruction here against a person or property within the united states. just to be precise, as we have unfortunately covered too many of these inspired attacks, i'm thinking of boston what happened at the marathon when i look at some of these details, the complaint alleges that this individual told the source that he wanted to make a timer bomb. saurez purchased galvanized nails to be concealed in a backpack and be remotely detonated by a cell phone and

apparently this person intended to bury the device at a public beach in key west and then hit the button and ultimately detonate it. we're working on getting -- all right. so we're going to get some more information on that i'm just being told more information now on the israeli spy who has been in this federal prison in north carolina jonathan pollard, has now just been granted parole after 30 years. let me bring in our justice correspondent evan perez with more on that. what do you know evan? >> brooke john that pollard is going to be out of prison on november 21st that the end of the sentence that he's always been serving. the justice department said that they are not objecting to this and the u.s. parole commission has now approved this. now, once he's out on november 21st he still has five years that he is required to remain in the united states.

that's where his lawyers say they are pressing for the obama administration and president obama to present some kind of clemency so pollard can move to israel where he has a citizenship. he passed classified u.s. information to israeli government and that is the crime for which he's been serving 30 years, brooke. >> okay. evan perez, we'll be with you on that if that gets updated because, as you mentioned, i'm sure he wants to be reunited with his wife and wants to return to israel. i'm also getting now more information as we've been watching and waiting to are this case out of texas involving a young woman by the name of sandra bland who was arrested a traffic violation, resisting arrest taken into jail she was found dead in her jail cell. well according to the sheriff, they believe she committed suicide and doesn't buy that. new video of her intake into the jail.

we'll give you more context on the other side of the break. financial noise financial noise financial noise financial noise

all right. i want to take you to waller county texas, where we've been covering this case of a young woman named sandra bland. she was found dead in her jail cell a couple of days after this intake. this is the first time we're actually seeing this video of her being taken into this jail again, where she was found dead a couple of days later. law enforcement says this was suicide. the family doesn't believe that. we're getting new information, including this video today. let me take you to texas to this news conference already under way. >> what you're going to see here you're going to see sandra bland enter from the right side and she's going to walk across the booking desk area and enter the bathroom with an officer. there she is.

the officer takes her in the bathroom. as you can see, she was in her street clothes. they are now going to get a bag. this is where she's going to change out of her street clothes into her orange jumpsuit. again, on social media, there's been some very crazy speculation that waller county jail all inmate photos are taken in street clothes and then such so it was unusual for her mug shot to be taken in an orange jumpsuit. that is incorrect. that's not true. in fact that gentleman right there, he just had a mug shot taken. >> is that against the other wall? >> yeah. that far wall there. in fact you'll see further down in this video -- okay. greg -- she's in the bathroom now. so we can -- greg if you can move forward to 2249.

again, if there's a lag in our video, we apologize. okay. she is now -- and again -- okay. get it just -- right there. that's perfect. okay. so at 22:49, approximately, you will see her come out of the bathroom and she will be dressed in her orange jumpsuit. there she is. now the waller county employee is putting her mattress pad and blanket, all of the things that she's going to have to have in her jail cell. again, this is the booking desk area. it's kind of the central area of the waller county jail. i know some -- most of you have

already toured the jail. we'll just let this run here because in about -- in about 23 -- so now she's being placed into a holding cell. so the holding cell is actually -- you'll see more video later from a different angle. in fact you can see the other camera. i believe it's camera 30. you can see it in this shot. this is camera 30 right here. so we'll show you footage from that camera and show her going into the holding cell. so again, at this time make sure we have this correct. she centers the holding cell at

0023:35. this video right here show me the times. just so you understand these avi videos are hours of video, okay? so greg if you will now skip ahead to five hours, five minutes, 54. it's going to be a good ways down. >> while they are fast forwarding we're going to stay on this video. this is what is so important. ed lavandera, let me bring you in. you've been covering this case in waller county texas. whose voice are we hearing and why are they releasing this video now? >> well those are some of the county officials with waller county and they started off all of this by saying that they are releasing and what they are planning on doing here is handing out flash drives to all of the reporters and news media there with three days worth of footage from inside the waller county jail we're told.

obviously we haven't had a chance to go through all of that. this has just started moments ago. the videos started with sandra bland being driven into the sallyport area and then being brought into the holding tank the intake area there. they say that they are releasing all of this video to quote, disspelldis dispell the rumors over her death. they say it's been driven by the social media and a lot of the details. officials say they are receiving death threats and under cyberattack because of the anger and outrage over her death. they say they are releasing this video so people can see for themselves sandra bland's condition. one of the strongest myths and rumors they've had to deal with over the last few days is that in sandra bland's mugshot, and there's a stream online -- >> what you're looking at right now, by the way, this is where

she's seated to get that mugshot. >> reporter: there's been a lot of people questioning whether sandra bland was even alive when her mugshot was taken and that's gone on for several days now and county officials say that that's one of the reasons they are releasing the videos now brooke. >> where do we stand, ed as far as -- we saw the news conference a couple of days ago with officials showing some of those photos from the medical examiner's office. again, on the issue of transparency with regard to that autopsy, we knew the family that they don't believe she committed suicide. so they've ordered this separate independent autopsy. when might those results be publicized? >> we haven't heard any details from the independent autopsy that the family has done and whether or not those details will be released. >> okay. >> the first autopsy that was done by the medical examiner there in the houston area found that sandra bland had committed suicide. there was toxicology reports

about high levels of marijuana in her system. so those are the details that we've heard. nothing from sandra bland's side of the family as far as i know just now. >> ed lavandera, thank you so much. i appreciate it. we'll have more coming up. sfoo also ahead, more of this breaking story out of florida and an isis inspired plot using a weapon of mass destruction. we're learning new details on that, next. thanks for calling angie's list. how may i help you? i heard i could call angie's list if i needed work done around my house at a fair price. you heard right, just tell us what you need done and we'll find a top rated provider to take care of it. so i could get a faulty light switch fixed? yup! or have a guy refinish my floors? absolutely! or send someone out to groom my pookie? pookie's what you call your?

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ooh! we have a winner. all: what? [chuckles] he's supposed to pick one of us. this is a joke, right? that was the whole point of us being here. i want to get you an update involving this 23-year-old man out of florida charged with attempting to use a weapon of mass destruction. a lot of details coming out of

this 15-page complaint. let me bring in paul cruickshank. you've looked through this complaint. when i hear weapon of mass destruction, be specific what did he have or want to have? >> brooke i think what many people say is the weapon of mass destruction and all sorts of things but what it really means is any kind of explosive device how ever small so we need to put it in some kind of context. the fbi had full control of this. that it wasn't him that was going to make this bomb it was an fbi informant that was going to make the bomb that he didn't necessarily have the skills. but nevertheless someone put in an order for ak-47, someone who had gone to buy nails, shrapnel in a home improvement store and

somebody doing online research about july 4 events over the july 4 weekend and crowds were congregating. somebody who was considering launching an attack during the july 4 weekend. of course we saw all of those threat warnings from the fbi. >> right. the heightened alerts. >> clearly this played into it brooke. >> i'm learning a little bit from the bits and pieces from the facebook page inspired by isis had videos of beheadings on social media. again, this sort of strikes me as another one of those examples of an individual taking it upon him or self to try to pull something off. in this case try is the operative word. >> reporter: that's absolutely right.

this is an isis-inspired plot not a lone wolf but inspired by their messaging and their calls for attacks in the west. he was somebody very active on facebook and social media and that's how they first got him on their radar screen. there was a tip that went into the fbi and they insinuated for an informant to call them over social media, eventually meeting up with him. that's how they had full control of the plot because they knew exactly what he was planning at every step. this comes at a time when the fbi has become much more aggressive about moving in quickly to carry out arrests, not allowing these plots to gather intelligence. they are very unpredictable and can launch attacks at any time.

we saw that with the chattanooga attack a few days ago. >> the fbi on it. paul cruickshank, thank you for jumping on the phone. we have to get back to new england patriots quarterback tom brady. not only is his four-game suspension upheld the league says he had his cell phone destroyed. more on that, coming up.

when it comes to donald trump, usually he's in the spotlight because of something he specifically has said but this time it is his top adviser and lawyer. "the daily beast" interviewed michael cohen of the trump organization and a man who has been here on cnn as a supporter for the trump campaign.

he commented on something that happened between trump and his then wife ivana trump many years ago. during the divorce proceeding it was asked about rape and cohen said, "you're talking about the front-runner for the gop presidential candidate as well as a private individual who never raped anybody." he went on to say "it is true. you cannot rape your spouse and there's very clear case law." we've now heard from him in the last couple of hours and he's now backing off of that. let me read you the statement he has now said i want to clarify a statement i made to "the daily beast" as an attorney husband and father. there are many injustices that offend me but nothing more than charges of rape or racism. they hit me at my core. rarely am i surprised by the press but the gall of this reporter to make such a false

allegation against mr. trump truly stunned me and i made an inarticulate comment which i do not believe and which i apologize for entirely." let me bring in a.b. stoddard and a former spokesman. you've done a lot of press and you've done campaigns. when you hear that mea culpa, how authentic is it given the fact that he throws it back on the reporter, to me. >> i don't think the mea culpa matters. he's right to apologize. i'm glad he did. it's an extremely damaging comment. trump has personally gone after hispanics in his campaign speech and now he has a top aide talking about rape which would likely offend a lot of women

across the country as well as men, frankly. it is unbelievable. you know it's a gift to the democratic party right now the kind of wrecking ball antics and attitude that is coming out of the trump campaign. it's frankly unbelievable. but this is -- we're just going to see more of this i think, more of these high-profile either gaffes or on purpose strategies to get headlines. so it's rather unfortunate for the other gop candidates who should get a lot more air time than they are getting right now in this media black hole of donald trump coverage. >> he's definitely the gift that keeps on giving to the likes of hillary clinton to your point. but a.b. i think also the real point here even though this wasn't donald trump making the comments it's somebody from his inner circle. i'm wondering how much this may affect the man donald trump moving forward. >> right. we heard michael cohen come out with this apology. >> yep. >> and the silence means that

they've thrown michael cohen under the bus. we've seen comments from the campaign manager saying that michael cohen was never part of the campaign and nor was he involved in the decisions. all of a sudden he's a nobody. i saw wolf blitzer interview him for a lengthy interview last week. he's spoken for donald trump many many times. i received an e-mail from michael cohen. he's important to donald trump and he has been for a long time. this shows you the lack of discipline that goes on if a man admits today that in the heat of the moment he got so upset with a reporter that is factually not true and offensive, it's not the kind of thing that gives people a lot of faith in the long-term health of the donald trump national presidential campaign if you're looking six months from now or a year from now or looking at the general election nomination. but this excitement over trump i think actually because his wife in terms of this story has pretty much diluted the claims. >> she did. >> and dismissed them.

i think he's going to be fine because he threw michael cohen under the bus but it shows there is a lack of discipline that will rear its ugly head. >> let me ask you about the first republican debate which is next thursday. and so you only can have ten podiums on that stage. when you look at -- let's throw up the latest cnn orc poll. i have to imagine, what like position 7 through 12 -- this has to be like key jockey time to get on the stage. >> it certainly is. this is like the olympic trials basically, before the big show. >> yeah. >> look you've seen high-profile republicans trying to get higher profile because of donald trump and get on that stage. you have lindsey graham and his cell phone and iran and the holocaust. you have ted cruz going after mitch mcconnell on the senate floor. >> all to get on that stage?

>> it's all to get on that stage. it's all to jockey for that poll position. get in there and try to get those ratings right now because donald trump is sucking the light of it. >> sucking the life out of it. tell me how you really feel ron. a.b. with the state polling looking at some of the candidates trump leads in new hampshire by this wide margin a bit over jeb bush scott walker. when you turn to the latest polling out of iowa trump is actually close. walker is leading. why -- why the difference there, a.b.? >> well i always say that in iowa walker gets the neighborhood discount. they know him from wisconsin there. he has very high name i.d. there. and donald trump is just not going to please social conservatives in iowa to where he pleases independent thinkers in new hampshire. not that they are not independent thinkers. but we're seeing a process where

iowa is not as important as in years past and most people are putting their energy into new hampshire thinking if they don't do well in iowa they can start their momentum in new hampshire. governor perry and former governor perry and current governor kasich are the ones who are fighting for the tenth position right now. and they are actually not burning up cell phones and saying bad things about donald trump or the iranians or anything. i think that's actually worth pointing out because they are slugging it out between the two of them in the polling to make it to the tenth spot. >> okay. okay. i'll give credit to lindsey graham for having a sense of humor over the destruction of the cell phone. and i think there's going to be a joke in there with tom brady. that's my segue. a.b. ron, thank you both very much. let's move along and talk about this other breaking story. the nfl upholding tom brady's suspension. the star quarterback had his

cell phone destroyed that contained evidence about the football tampering scandal. so i have with me sports attorney ryan sokolo. we have this upholding of suspension. i say final for now. first, you know your read. i seepages in front of you. tell me what jumps out at you in this whole -- to me it's the destruction of the cell phone although tom brady says otherwise. what jumps out at you? >> a couple of things. first, a 20-page decision that is very well reasoned and the things that jumps out at me aside from learning about the cell phone destruction practices, that was a key thing for the commissioner. that tom brady was not forthcoming in turning over his cell phone records and, in fact destroyed his cell phone the very day he was interviewed by investigators. that to me was the key thing in this decision. >> so just to be clear for everyone not totally keeping score with how the nfl works, the nfl doesn't have to say, you

give me your cell phone. if you'd like to hand over text messages, we'd love to see any and all pertinent information and that's when he apparently had 10,000 text messages and maybe he was just texting his wife gisele. i don't really know. but in his defense, what has he said about his cell phone destruction practices? >> he said that that was something that he just did ordinarily. every so often, he would get a new cell phone and tell his assistant to destroy it so nobody could extract information or use it. that's perfectly fine explanation as to what you might do generally. but the fact that he instructed his assistant to destroy the cell phone the very day that he was interviewed, that's clearly what struck roger goodell as being very unusual and really in his mind demonstrated there was some type of destruction of this process and tom brady was not giving the evidence that was relevant to it. >> roger goodell, the incredibly

powerful man, the commissioner here of this league and then you have the darling of -- much would commissioner of this league and then you have the darling of much would say of the nfl, superstar tom brady, it was goodell, he could have recused himself, he oversaw this entire himself, he oversaw this entire process. do you think he would -- should have recused himself? and where does this go now? >> i don't think he should have recused himself. he's the commissioner. this is the power he has under the collective bargaining agreement, he has to exercise it that's what a commissioner does. i think he was right in hearing this decision. clearly he wasn't suede by any testimony at this hearing that took place a few months ago. he was swayed by this new information he got about the destruction of the cell phone. if tom brady decides to go ahead with this he can go into federal court and try to have it overturned there, that will be very difficult to do. fundamental question for him and his team whether now is the time to say although i disagree with

the commissioner's findings i'm willing to accept this penalty or whether he wants to go to the next step go to federal court, put his reputation on the line further and potentially lose again. >> that first game he would potentially back at it after the four-game suspension would be the colts, which is where said deflategate scandal happened back last season to be in that stadium, brian sock lovekolov, thank you very much. we're going to talk to a lieutenant in louisiana whose crimestoppers video is not only the buzz of the internet it's really working, and i have to say, i have never seen anything quite like this. >> we're going to identify you, arrest you and put you in a small cell. after that i'm going to have a cheeseburger here with fries and a coke and leave a nice tip for the waitress.

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mornings. wonderful, crazy mornings. we figure you probably don't have time to wait on hold. that's why at xfinity we're hard at work building new apps like this one that lets you choose a time for us to call you. so instead of waiting on hold, we'll call you when things are just as wonderful... [phone rings] but a little less crazy. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. the parents of james holmes are expected to testify today in the

sentencing phase of the trial. the defense has been calling familiar li and friends as witnesses hoping to convince the jury to spare holmes life. monday his sister took the stand she had no idea growing up that her brother may have been mentally ill, and then came the tears. >> you want to continue your relationship with him? >> yes. >> in the future if there's things you can do to help him, are you -- do you want to be able to do that? >> yes. i think it will be up to me when my parents pass away so i do want to do that. >> after it all, is he still your brother? >> yes. >> and do you still love him? >> i still love him. >> donna cabrera is in colorado with more on the proceedings. >> for so long we've been waiting to hear from james holmes parents bob and arlene. they've denied multiple requests for interviews over the last

three years. we expect them to talk about what james holmes was like as a child, how he played well with others in the neighborhood they'll probably talk about the family's history of mental illness, likely discuss what holmes has been like as a son, as a brother, and probably hear them echo sentiments from other witnesses describing holmes as shy, respectful and a compassionate person. we've already heard from his sister who is about five years younger. showing happier times with the siblings in bumper boats. the two as children flossing their teeth with big smiles on their faces. we saw james holmes on his knees hugging his little sister when she was 1 or 2 and he was 6 or 7. all this as the defense tries to convince the jury to spare james holmes life and they continue to build their case that what happened at the theater on july

20th of 2012 was completely out of character for holmes it was a direct result of mental illness, something that caused delusions and ultimately led to the movie theater massacre. >> anna cabrera fors sus in colorado. the former prison seam stress is now facing her own time behind bars could be as many as seven years. she was weeping quite a bit there in the courtroom this morning. she accepted a plea deal today in this courtroom in upstate new york. that is where, back on june 6th convicted killers david sweat and richard matt broke free from that maximum security prison and after nearly three weeks on the run, matt was shot and killed a couple days later, sweat was shot and captured. and joyce mitchell admitted officially today that she smuggled in the tools these men used to get out of this prison. here is a clip from tonight's

cnn special on this daring escape. >> this woman seems the most unlikely accomplice to this crime. she's a wife and a mother married to the same man for 14 years. joyce mitchell has secrets. secrets that have landed her in jail. accused of helping two dangerous felons break free. >> i get many escapees on america's most wanted that would have never gotten out if it wasn't for the woman who helped them. >> in this case, authorities say joyce mitchell is the woman who helped richard matt and david sweat with their plan. but how and why did this wife and mother become involved with two convicted murderers? >> we have so much more on the story this evening. make sure you tune in and watch

our special report we're calling it the great prison escape it airs tonight on cnn. make sure you keep it right here thank you so much for being with me on this tuesday. here in new york let's go to washington jake tapper is up next the lead starts now. an alleged key west beach bomb plot inspired by isis. this is the lead. the politics lead as candidates desperately try to claim a spot on the big stage. statements are getting stronger in some cases the stories are getting downright ugly. donald trump under fire after an aid tried to clarify a hopelessly remark that marital rape is not illegal. an american arrested accused of an isis inspired plot to