comment about fellow republican candidate carly fiorina. trump reportedly said, look at that face, would anyone vote for that? can you imagine that, the face of our next president? i mean, she's a woman and i'm not supposed to say bad things, but really folks are we serious? >> carly fiorina says she's very serious. >> i think those comments speak for themselves, and all the many, many, many thousands of voters out there that are helping me climb in the polls, yes, they're very serious. >> she joined megyn kelly on fox to address the unkind words. the chairman of fox called trump's attacks on carly unacceptable and he should apologize. it was the face that launched 1,000 interviews. >> probably i did say something about that. i'm not talking looks, i'm talking persona. when she talks about my hair, that's okay. >> why don't you talk about her brain instead of her face. >> we need somebody that's -- [ applause ] >> i made a tremendous fortune. we need people that can change our country. >> when i get criticized for my hair, which isn't that bad, you know, you've seen me, it's not that bad. i get criticized by my hair, nobody does a story about, oh, isn't that terrible, they criticized donald trump's hair? >> they ultimately landed squarely on trump's hair. the businessman hoped to use past commentary about his famous mane as a shield. the golden dome has served as a bona fide trademark. he even invited a voter to tug on his tresses last month. carly and the country deserve better. scott walker called the attacks personal and shameless. bobby jindal, who trails trump went one step further. >> he is an unserious, unstable narcissistic ego maniac. it's time for us to put a serious political conservative, let's make america great again. it starts by firing donald trump. >> bobby jindal has focused squarely on donald trump recently. he compared trump to charlie sheen. joining me now, perry bacon, nbc news senior political reporter and brian darling, senior vice president at third dimension strategies. and formerly worked with senator rand paul. he's jumped 13 points with women voters in the gop what do you make of this gain? >> the gain with women voters reflects his gains overall. he's gaining among evangelicals, moderates, he's right now surging in the polls. republican women and men so far like him. i've never seen a candidate like this who makes -- we always say, maybe this will be the one that takes him down, there's been so many of them now, i don't think this will make a big impact. >> do you think voters believe trump's argument that when he was talking about carly fiorina's face, that he was really talking about her persona? >> probably not. i think we know he was making a joke about her appearance and we can joke about donald's hair, i mean, his hair is awful, we can all agree to that, but the truth of the matter is, he has said these things over and over again, perry alluded to some statements he made which are far worse, they don't seem to hurt him, he seems to go up. when you see him exceeding 30% is how bad jeb bush is doing. it's amazing that he's just not even competing in this race, barely in third place to two guys who have never run for office before. i think the bigger news today is not what donald trump said about carly fiorina, but a fact that jeb bush is buried at 9% and he can't seem to break out. >> here's a jump ball question. this is what i find curious. >> why is donald trump gaining traction with women. >> i think he's gain traction with a broad swath of americans who kind of like the fact that he's very inappropriate, he cracks nonpolitically correct statements over and over again. and he doesn't apologize for them. i think people understand that that's just the way the guy is he's wired to be someone that says things that come into his head. if he keeps it up, he's going to have to show a serious side where he can tackle serious issues, and joking will get you only so far. >> one man's not politically correct is another man's being respectful of other people. donald trump is in a feud of faith with ben carson. take a listen to this. >> ben carson, you look at his faith and i think you're not going to find so much. who is he to question my faith? when i am -- you know, he doesn't even know me. >> is this a squabble anyone can win? >> trump may have a point here, i think someone -- carson was asked, what's the difference between you and donald trump. carson went on to talk about he has a deep faith in god and so on, i don't think it's easy to tell what one man's faith is. trump was right to defend himself. he has a stronger case here, ultimately, look at these guys in the polls, trump's at 33. carson's at 19. i would not have seen this six months ago. will it hurt them? i guess it could but they're doing really well right now. good for them. >> let's bring into the conversation michelle at national journal. is trump -- i'm going to ask you the question i asked the two gentlemen before you came on, why is trump gain traction with women? why is trump gain traction? whoever is backing trump, backs him because he's so outspoken, because he's against all the people that they're against. he's not afraid to take on anyone. it's not a policy issue. it's not a leadership issue, he has attitude. whether you're male or female, you like this saucy outspokenness. >> will he go too far? almost certainly he will. every time he picks a fight, people love it. >> every time he picks a fight, he ends up winning in the polls. we saw a lot of attention in kentucky with kim davis, and now we're seeing a bible debate. why do you think the focus has shifted to the faith based community in the past week. >> iowa. iowa is so important the evangelical vote in iowa is so important. we saw ted cruz go to kentucky. it's very important to get faith based voters. in iowa, we're talking about a small slice of the vote that's going to determine that caucus. if you get 15, 16%, there's a good chance you win. corners the faith based vote is important. all of these candidates are doing outreach, and some are much more aggressive than others. >> ben carson as we showed earlier on. ben carson has jumped ten points within the last month is donald trump worried? should donald trump be worried about ben carson? >> i don't think donald trump worries about anything. and as far as this goes, you know, they're both outsider candidates, appealing to people who hate the establishment. and donald trump can stay in this for as long as he wants to. he can make as much trouble as he wants to. i don't think there's anything ben carson can do to bump him out. trump can keep this going as long as he finds it fun. >> at what point does the electorate start to get serious? i mean, you could probably say that trump's rise in the polls, yes, it's because he says the outrageous politically uncorrect thing. yes, it was august and no one's really paying attention, now that labor day is over, and folks are back to work, school's back in session, people are a little more focused, maybe now will be the moment that people take a serious look at donald trump and his poll numbers start to fall. i'm going to throw this out to all of you. what do you make of that? do you think people, now that we're back into the more serious season, donald trump's poll numbers will start coming back to earth? >> you know, i would look at december, maybe even january. history tells us 2003, howard dean was ahead for a while. 2007 you saw john mccain rise in december. you saw barack obama do well in iowa in december and january. i think we have a while to go before we can look at these polls and say this means so and so can win. i'm kind of -- i sort of view -- i'm still skeptical, bernie sanders, donald trump, ben carson are unlikely nominees for these parties, i think later on, people who may be down in the polls like jeb bush or rubio can still come back. >> it's still early, i mean, four years ago, it was rick perry in september, herman cane in october. newt gingrich in december and then mitt romney wins, we're still early in this process, we have another debate to go. the iowa caucus doesn't start until february. we have a long way to go with all the debates and infighting we're going to have. michelle, what do you think? >> absolutely agree, it may feel like we've been doing this forever for political obsessives, most of america just could not be less interested in this. when everybody hunkers down come january and starts paying attention to the actual voting, then we'll see the numbers shake out. >> perry gave us a good historical rule of thumb, pay attention to december. thanks for your time tonight. ahead this hour, republicans scramble to scuttle the iran nuclear deal as debate is set to begin in congress. bernie sanders makes big gains in iowa, what's working for the senator as his campaign picks up momentum. stay tuned. hey babe, last one home cooks? ♪ ♪ ♪ another tie. order in? next time i drive. the right-sized nissan rogue. ♪ everyone is looking for ways while to cut expenses.s unique, and that's where pg&e's online business energy checkup tool can really help. you can use it to track your actual energy use. find rebates that make equipment upgrades more affordable. even develop a customized energy plan for your company. think of it as a way to take more control over your operating costs. and yet another energy saving opportunity from pg&e. find new ways to save energy and money with pg&e's business energy check-up. like it or not, kentucky clerk kim davis has become a defining face of the opposition to same sex marriage. the six days she spent in jail made her a hero to some anti-gay crusaders. you may be surprised to learn that pat robertson isn't one of them. in a recent broadcast, he offered tepid support for davis. >> kim davis is not exactly the champion we would all want to stand up for our beliefs, nevertheless, she did it and she's the harreroine of the pie. >> apparently kim davis isn't christian enough for pat robertson, and that's all he's got for now, stay with us. it's finally back, with as much shrimp as you want, any way you want 'em. one taste of these new pineapple habanero coconut shrimp bites, and i already want more. they even brought back wood-grilled teriyaki shrimp! yeah, you heard me: teriyaki. and really: what's not to love about... ...buttery garlic shrimp scampi? 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>> you know, i want to take a moment jonathan and really note the statement that was just released by the white house by the president of the united states, that the senate took a historic vote today. it's going to enable us to begin to implement a comprehensive agreement to ensure that iran will never have a nuclear weapon. and we will be doing this with partners not only the permanent members of the security council, european union and germany, but also with international partners throughout the world. i think the risk that was greatest here, was that we would not be able to go forward, that iran, which is playing such a terrible destabilizing role in the region would have a nuclear weapon that would allow them to project greater power, be even more of a deterrent and put the safety and security of not only the united states of america, but israel and our partners at risk, so this evening as the president said, the world is safer, we are more secure and we can go forward. >> ambassador sherman, there are some lawmakers who say there are some aspects of the deal that are secret and haven't been shared with congress, is there any truth to that accusation? >> there is not. there is no secret side deal. indeed, every document that the united states has in its possession, the united states congress has. and in the confidential safeguards agreement that was negotiated between the iaea and iran, we don't have those documents because they are safeguards confidential, the same protocol that would be used between the iaea, the united states and every other country in the world that cooperates with the iaea. we know the details of it, and those details have all been shared in classified sessions with the congress. so there are no secrets here, there are no side deals, there's the joint comprehensive plan of action which will ensure forever that iran will not be able to get a nuclear weapon, and if they take steps to be in noncompliance. we have plenty of tools at our disposal to snap back sanctions and use every other tool that we have in our complete arsenal of diplomacy and other toolboxes. this was really a day for diplomacy and an effort to try to do this peacefully. >> i was picking up on your comment about every other tool in our toolboxes. military action if the scenario you just laid out were to take place. military action is not off the table? >> no, i think military action is never off the table for a sovereign country. it's certainly not off the table for us in any situation where we feel that we are facing an existential risk and no other option has worked. but i think everybody in the united states really really prefers that military action be a last resort, not a first resort, not even a second resort. they would much prefer for us to solve these very, very difficult problems through diplomacy, through negotiations, and see if we can't make it stick. i believe we can. and we're certainly going to be enforcing this agreement with every bone of our bodies and then some, i know the congress, which has had a serious debate about this, i think the debate that's taken place in the senate over the last couple days has shown that people have thought very much about this, the president, secretary carrie, moniz, all of us have spent hours briefing senators, briefing members of congress, i was just up this afternoon talking to a member of congress in a secure space about this agreement. people have really dug in to understand because there is a lot at stake and we appreciate that, but today is a good day because we can take a step forward to making sure iran doesn't get that nuclear weapon about. >> how much damage would there be to the united states' credibility if somehow the deal were to fall through with congress? if the republicans were successful in derailing the nuclear agreement? >> well, it's interesting you ask that question, because today president hollande of france, prime minister cameron of the united kingdom and chancellor angela merkel of germany wrote a joint op ed and said how much they're in support of this deal, how much they think our legislature should move forward in support of this comprehensive deal, they think this is the right way to go. so if this fell apart, which with the senate vote, i believe that will not happen now, we would be the ones who would be held responsible when the rest of the world wants to see this go forward. >> iran's supreme leader says that israel will not exist in 25 years, how damaging are those comments to the administration's efforts to get the deal in the free and clear here at home? >> our bond for israel security is absolutely unbreakable. we will do everything that we need to do to protect israel's security, and not only do i believe israel will exist in 25 years, i believe israel will exist forever, it is obviously not a good thing when any leader in the world says such things and when we've been with the iranians, we have told them so. what we really are going to watch are iran's actions, if they continue to undertake the actions they have to destabilize the middle east, we will use all of our sanctions tools, we will use all of our coalition efforts. we will use all of the tools at our disposal with our partners in the region to make sure there's security there, and that their interests are defended. and everyone has our iron clad commitment in that regard. >> ambassador wendy sherman, undersecretary for political affairs at the state department. thanks so much for being here tonight. >> thank you. let me bring in former chief of staff to secretary of state colin powell, and adjunct professor at the college of william and mary. >> i wish they'd be quiet. this deal is in national security interest of this cun. it has its imperfections, it has its flaws, i'm astonished we were able -- given the lack of leverage we had due to the destruction of the balance of power by my administration, the bush administration in 2003, i'm astonished we got as much as we did. i take the opinion of the op ed page of the financial times that the republican party looks like a freak show right now. it simply has no answer, no real answer to why it's opposing this deal, other than pure politics. >> colonel, is there any alternative coming out of republicans on capitol hill? what do republicans want as an alternative to this deal. there's a lot of talk about getting a better deal, but no specifics. >> some of them want war, those are the ones that scare me. they're the same ones i heard in 2002 and 2003 with regard to iraq. i lobbied the senate and the house trying to break republicans away. i thought jeff flake would eventually be on our side, these are sane and sober republicans. it all boiled down to politics at the end of the day, when i would argue with them and say, this doesn't obviate anything. if iran cheats, you can still drop bombs. this deal does not foreclose any other option, it just gives us an opportunity to settle this issue diplomatically. they had no answer, they had no answer, they could obfuscate, beat around the bush. but they had no answer. >> let me ask you a question. if republicans somehow derailed this deal, how damaging would that be to america's credibility and standing in the world. and what would that say about the reliability of the united states as a negotiating partner? >> it would damage our reputation enormously, and with some key allies, a reputation i'll have to say, this democratic administration has in part at least repaired from the damage done by my administration, particularly with germany and with france during the second gulf war. let me say that if the congress derails this deal later on and i'm really worried about that, i'm concerned about that, i saw the congress derail the agreed framework with north korea, for example, by not delivering oil on tom or quantities specified. not providing money for the light water reactors. when it comes down the road to lifting sanctions and so forth, things that only congress can do. i'm really worried that they're going to do it. one last question, is there anything more you would like to see in the in the iran nuclear agreement. >> i was stunned that they -- this is a negative for them, a loss for them, that they agreed to take out the core, fill it with concrete to destroy it, this is a functioning reactor, and they agreed to destroy it and turn it into one that will produce plutonium that will not lead to a weapon. so i was astonished by that, but if i were going to change anything. i would have made it a little bit longer. i would have made it probably 20 or 25 years. i do agree that the nonproliferation treaty is still in effect. the safeguards agreement, and all that. i'm not that concerned about the time after 15 years, i would have liked to have seen a little longer window. >> colonel wilkerson, thanks for being here tonight. bernie sanders is closing the gap in key polls. what it means for the democratic field ahead. >> a series of shootings along an arizona highway have locals on alert. we'll have an update in the search for suspects next. i asked my dentist if an electric toothbrush was going to clean better than a manual. he said sure... but don't get just any one. get one inspired by dentists. with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque, and rotates to sweep it away. and oral-b delivers a clinically proven superior clean vs. sonicare diamond clean. my mouth feels super clean. oral-b. know you're getting a superior clean. i'm never going back to a manual brush. isn't it beautiful when things just come together? build a beautiful website with squarespace. police are investigating a series of shooting in phoenix along i-10 in the last couple weeks. drivers are on edge. miguel almaguer reports on the search for clues. >> along i-10 in phoenix, arizona. >> we're looking for pedestrians on the freeway. >> police desperate to find a shooter, someone who has innocent drivers in their crosshairs. >> it's very terrifying for them. >> no suspects, no car description. just a growing number of vehicles riddled with bullet holes or projectiles that nearly took the lives of those behind the wheel. and now the news, there may be multiple shooters. >> i am of the opinion right now we have multiple shooters because the mo's have changed. >> the highway patrol took us along the stretch of roadway that could be among the most dangerous in the nation. the majority gunfire. robert mcdonald was alone, driving this tour bus when a bullet sliced through the seat just behind him. >> had the bullet been a little more powerful, it would have come this far from my shoulder, if i would have moved my head, i would have got hit. >> police now call the shooters or shooter a domestic terrorist. many scared to drive i-10 recalling the fear of the beltway sniper in 2002. criminal profilers that worked that case, claim the shooter is feeding on terror. >> he knows the timing he wants to be out there, the location, realize he in his mind is playing this chess game with authorities. >> that was miguel almaguer. still ahead, bernie sanders is burning up the polls, a look at what's behind his rise in key primary states. and later the creative way one family is showing their colors for sanders. stay tuned. i'm hampton pearson with your cnbc market wrap. the dow adds 76 points, the s&p 500 up by 120, the nasdaq up by 39. apple shares climb more than 2%. a day after unveiling new products at an event in san francisco. shares of l s of lulu lemon wene other direction. sending stock down 16%. that's it from cnbc. for the whole weekend. zzzquil. the non-habit forming sleep aid that helps you sleep easily, and wake refreshed. because sleep is a beautiful thing. so far, you're horrible at this, flo. yeah, no talent for drawing, flo. house! car! oh, raise the roof! no one? 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[phone ringing] 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 president's lead in iowa is decreasing. bernie sanders is in first place with 41%. clinton comes at a close second and joe biden is in third with 12%. senator sanders has been picking up points on clinton in iowa for the past four months. in may, clinton held a 45 point lead over sanders. in july it slipped to 129 points, now sanders has overtaken clinton by one point. this new poll marks a major victory for the sanders campaign. meanwhile, there's also good news out of new hampshire. week for the senator. a new poll showed sanders has a 19 point lead over clinton. during a press conference earlier today, senator sanders was asked about his lead in the polls. >> all over this cun, in new hampshire, i was just there over the weekend, in iowa, there last week, we're seeing a huge amount of enthusiasm from working people and low income people. and i think we have a whole lot of momentum in this campaign. what we are now going to be doing is starting to put some resources into states beyond iowa, beyond new hampshire, states that will be coming up on super tuesday. and all i can tell you at this point is, we're feeling pretty good. >> for more, let me bring in josh barrow and victoria difrancesco-soto. thank you for being here tonight. josh, let me start with you, from what we've been hearing, this isn't about what hillary clinton is doing wrong, it's about what senator sanders is doing right. >> i don't know how you can separate the two, clinton has had a difficult summer. there are two sources of strength for bernie sanders here, one is a desire for a more left wing candidate among the base and democratic party. he simplifies that. it's something we're seeing around the world. the labor party is flirting with picking a right wing candidate. they thought she was too conservative on foreign policy, and then you've had the e-mails, i think there are not a lot of democratic voters telling pollsters, i'm upset about hillary clinton's e-mails, so i'm not voting for her. they're exhausting. and i think that it makes people a little bit open to something else. >> clinton may be exhausting, but in one poll, 71% of democrats have a favorable opinion of hillary clinton. so that's what's strange about these poll numbers now. they seem to be looking for an alternative, and yet they still have a fafrnable view of her. >> yeah, i mean, it makes me wonder to what extent it's important for bernie sanders. the democrats have sometimes felt their leaders have sold out to wall street and sold out to centrist corporate interests. and bernie sanders puts pressure on hillary clinton to move to the left. if it looks like bernie sanders may be the nominee, how many people who are supporting him as an instrument will panic and say, we didn't want him as the nominee, he's definitely a weaker general election candidate than hillary clinton is. >> are you surprised by senator sanders leads in new hampshire and iowa. >> i am not surprised. if you were to tell me bernie sanders was leading in texas. let's look at the numbers in new hampshire and iowa. 3% latino population in new hampshire. 5% in iowa. it's a very homogenous part of the country. when we get to super tuesday, when we're talking about the southern states, later in march we get into the midwest, that's going to be the question. and i think this is where clinton. even though she does have a lot of weaknesses as josh pointed out. is where she has the foundation of her strategy, she's been cultivating a relationship with the latino constituency for over 20 years now, if you remember back to 2008. she beat barack obama 2-1 with the latino electorate. for right now, the black electorate is leading more heavily toward clinton. say joe biden gets in the race, then all bets are off in terms of her southern strategy, but for right now, i think she's relatively safe beyond iowa and new hampshire. >> well, victoria brought it up, sao josh. give me your view of clinton's southern strategy, there's a story in the new york times talking about how this is going to be secretary clinton's firewall. there's trouble brewing as we're talking about in iowa and new hampshire. once we get down to alabama, mississippi, georgia, that that's where she's going to take her stand against bernie sanders. >> we've seen in the polls, clinton doing much better with nonwhite voters than with white voters. to replicate 2008 and beat hillary clinton, you need the progressive left, the sorts of people who have been behind bernie sanders. this is a mostly white portion of the electorate. and then you need rock solid support from black voters. that was the portion that barack obama put together and ultimately gave him the nomination. there's no indication that bernie sanders is building the second half of that. i would note, if you looked at the polls this time, it looked like hillary clinton had a big advantage with black voters even though barack obama is black, she had immense support from the congressional black caucus and the institutional machinery of politics. that ended up crumbling. i would say that just the fact that bernie sanders doesn't have black support now, doesn't mean he couldn't develop it in the future, he's had some difficulty talking about the black lives matter movement and other issues of particular importance. >> there's a new ppp poll out of south carolina that has secretary clinton up on sanders by 45 points. and i guess my question is, what does sanders have to do to pick up points in the south? josh sort of eluded to that. what's your view, what can senator sanders do to make himself interesting, attract iv, worthy of consideration by african-american voters and latino voters. >> there's a two-pronged strategy here. he had his flub on black lives matter, he needs to tweak that and provide a more encompassing rhetoric. also he needs a ground game in south carolina, and he can't be in both places at the same time. he's been focusing so much on iowa and new hampshire. he has to decide is this the time to put forward some resources in south carolina. if he was able to deploy forces in south carolina, if he has the resources to do that, i think he can inch up, again, i think the lead right now with hrn 4r7b is so far beyond that. and the base she has makes it hard for him to overtake her. >> we're going to have to leave it there. >> thank you. still ahead, why a former tennis star says he's speaking out about his rough encounter with the nypd. stay tuned. lly made the differee lly made the differee between a morning around the house and getting a little exercise. only depend underwear has new confidence core technology for fast absorption and the smooth, comfortable fit of fit-flex™ protection. get a coupon at depend.com iand i'm jerry bell the third. 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[jerry bell iii] deep couch sitting! is it keeps the food out. for me before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now. the strong support, senator bernie sanders enjoys in his home state of vermont isn't surprising, the length some went to show that support, that's another story. take this barn in vermont, for example, it's got a mural on it that captures bernie in all his gray haired glory. the barn's owner commissioned california muralist for the project it took about a day for them to spray paint the masterpiece. there are reasons behind transforming the barn that were simple. when asked why they did it, the side of the barn needed to be painted. more ahead after this. here is a simple math problem. two trains leave st. louis for albuquerque at the same time. same cargo, same size, same power. which one arrives first? hint: it's not the one on the left. the speedy guy on the right is part of an intelligent system that creates the optimal trip profile for all trains on the line. and the one on the left? uh, looks like it'll be counting cows for awhile. so maybe the same things aren't quite the same. ge software. get connected. get insights. get optimized. who knows, one of these kids just might be the one. to clean the oceans, to start a movement, or lead a country. it may not be obvious yet, but one of these kids is going to change the world. we just need to make sure she has what she needs. welcome to windows 10. the future starts now for all of us. ♪ hey babe, last one home cooks? ♪ ♪ another tie. order in? next time i drive. the right-sized nissan rogue. ♪ the nypd is apologizing to former tennis star james blake after a case of mistaken identity led to blake being tacketed and handcuffed. nypd commissioner bill bratton said he spoke with blake earlier today and apologized for wednesday's incident. blake was tackled to the ground and handcuffed by an undercover police officer as he waited for a car outside the grand hyatt hotel in manhattan. blake was pointed out as a suspect involved in a theft ring by a delivery man helping them in the case. the police officer kept blake on the ground for several minutes but released him once he was identified and found to have no connection to the case. blake says he suffered bumps and bruises in the incident. blake doesn't think the incident was a case of racial profiling, but does feel the officer used excessive force. the commissioner said they are reviewing the incident and are sharing the concerns. >> the concerns we have, initia initial review, we believe that it may not have been. and secondly, what transpired after the release of mr. blake relative to reporting of the incident which was not done. >> the officer involved in the incident has been placed on modified assignment as the investigation continues. on abc's "good morning america," blake explained why he is speaking out with the incident. >> i know a lot of people have no voice to have any recourse. and i'm lucky enough to have the tunneled to be sitting here with you, to be able to tell this story and let people know this happens too often. >> blake told abc, while he feels most police officers are doing a good job, those who the aren't need to be held accountable. up next, tom brady will take the field after his deflate gate suspension is overturned. a new report suggests the patriots have had a much longer history of unfair play. stay tuned. life of now with the skin of then olay total effects vitamin-enriched. to fight the 7 signs of aging. in 4 weeks, skin looks up to 10 years younger. 7 in 1 from the world's #1 olay. your best beautiful have you touched the stuff?. it's evil. and ladders. sfx: [screams] they have all those warnings on 'em. might as well say... 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>> let's start with this. the patriots are pathological cheaters, okay? and this goes way i don't understand spygate, way beyond deflategate. malcolm butler was a here over of the super bowl. he had the interception at the end. he was late to a voluntary workout. note i say voluntary. yet they tried to bench him which is against the rules. two years ago, they were using all these weird substitutions patterns. so much to the point that this past spring the nfl had to change the entire rule book because of the patriots. for decades, the patriots have been monkeying around with the injury report putting in bogus injuries for tom brady and others. last but not least, everybody thinks it is cute to see bill belichick on the sidelines with his hoodies. guess what, that's against the rules for coaches but he gets away with it. so all this stuff makes you would understand what else is going on. >> that gets to my question. you just rattled off a list of particulars against belichick and tom brady and the patriots. how do they get away with what you call pathological cheating? >> well, i tell you what. what you said earlier about how the owners think this is a make-up call. it is definitely that. let's put this into perspective. spygate takes place and they destroy the tapes. they destroy tapes. they being the nfl. you look at what's going. to patriots are the second most valuable franchise in the national football league. behind the dallas cowboys. you've got robert craft who is 1 a, 1 b or 1 c the most powerful owner. you have tom brady contrary to what they're trying to make it out to be. he is the face of the franchise. you put all this together. this is why they were getting away with it back then. so right now with this deflategate thing, this is when they decided to put our foot down and probably went a little too far. >> do you think that behavior like videotaping and allegedly stealing play sheets a direct impact on the three super bowl victories during this time period? >> that's why i said what i said in the beginning. who knows? we know this. there is a pattern of cheating with this franchise. and we don't know what else they did. you start putting it all together collectively and you have the problem. it may not be an individual thing. even though they made, they deflated the football during the afc championship game, you had a better secretary half tom brady than the first half. that's not the point. the point is they did it. they did all the other things. what else did they do? >> regardless of the judge's ruling, do you think tom brady's recommend tags will be forever tarnished? >> for people with common sense, yes. but most people don't have common sense them just want him to play football. he is winning super bowls and has a good looking wife and all that sort of thing. so for the that common sense people, yes, but for the average fan no. >> who is your pick for tonight? like i need to ask. >> the patriots normally beat the steelers so you probably have to go with the patriots. >> you say the patriots. thank you. i'm jonathan capehart. msnbc live continues next. right now on msnbc live, donald trump says he was not talking about looks when he talks about carly fiorina's face. so what was he talking about? plus, is there a sniper on the loose in phoenix? cars targeted on a busy interstate. also a former tennis star was mistakenly arrested. moments ago, new york's police commissioner calls the player. what he said straight ahead. and a new study from the marnls. it says one gender does much better in combat than the other. wait until you hear the results there. a very good day to you. we start with donald trump's latest political feud. this one with republican opponent carly