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Transcripts For KNTV NBC Nightly News With Lester Holt 20151023

good evening. former secretary of state hillary clinton stood her ground in the face of withering republican questioning over her handling of the consulate attack that killed four americans in benghazi during her watch four years ago. her answers, her tone, her expressions all under the microscope because as much as it is secretary clinton testifying before the house benghazi committee, it is presidential candidate clinton who stands the most to lose in a testy and politically-charged showdown that has continued into the evening. andrea mitchell is covering it for us tonight. >> reporter: it was supposed to be about benghazi, but soon dissolved into bickering. >> i don't care if you sent it by morse code, carrier pigeon, smoke signals, what is relevant is that he was sending information to the secretary of state. >> will the gentleman yield? >> i would be happy to. make sure the entire record is correct. >> that is exactly what i want to do. >> go ahead. >> reporter: while they argued, the star witness tried to stay above the fray unlike in 2013. >> what difference at this point does it make? >> reporter: this time hillary clinton was poised, practiced, pushing back with putdowns. >> i wrote a whole chapter about this in my book "hard choices." i would be glad to send it to you, congressman. >> i'm sorry it doesn't fit your narrative, congressman. i can only tell you what the facts were. i know that's not the answer you want to hear. >> reporter: at other times her face said it all laughing off unwelcome suggestions, showing impatience, irritation or scorn, reflecting days of preparation at home, sent off to battle this morning by her husband bill. republicans were armed and ready. >> happy to bring breakfast in, but it would sure be helpful if we could get to the answer that wasn't a trick question at all. >> they were concerned, the white house, the amount of credit you were getting as opposed to the amount of credit the president's getting. that's true, isn't it madam secretary? >> look, the president deserves the lion's share of the credit. >> why is the white house uptight you're taking the credit? >> reporter: at a fierce dispute over a controversial former clinton political aide sydney blumenthal, barred by the obama white house working at her state department but sending private advice about libya to her private e-mail account. >> madam secretary, he had unfettered access to you. >> i don't know what questioning does to help us get to the bottom of the deaths of four americans. >> i'll be happy to help you understand that, madam secretary. >> reporter: it was clinton who spent the most time talking about the victims of the attack. >> you know, i would imagine i thought more about what happened than all of you put together. i've lost more sleep than all of you put together. >> reporter: information officer and air force veteran sean smith, cia officers tyrone woods and glen doherty and ambassador chris stevens. >> i stood next to president obama as marines carried his casket and those of the other three americans off the plane at andrews air force base. >> reporter: clinton has been here now all day into the night, testifying ambassador stevens never asked her for more security but had made request from other officials. for all the talk about hillary clinton's e-mails, she said she did most of her business offline in classified briefings and didn't even have a computer in the state department office. lester? >> andrea mitchell on capitol hill. let's turn to our political director, moderator of "meet the press." chuck todd. assuming no bombshells emerge going forward, does benghazi remain a potent campaign issue deep into 2016? >> it's a potent issue with the republican electorate. it is not going to go away in republican circles, but as a general election issue for hillary clinton, benghazi, it's hard to see that today somehow changed minds in a negative way for hillary clinton. if anything, you have plenty of democrats who feel better about hillary clinton today than they did yesterday, who of course felt better about her yesterday thanks to joe biden, thanks to her debate performance. as performance art, she has had a very presidential candidate hillary clinton had a good day. there has been an awful lot of deflection, lester. i do think the issue, the larger issue of libya policy, decisions she made and participated in when it came to arab spring and everything that led to that moment is going to be a relevant topic and tough thing for her to defend during a potential election for her. an american soldier has been killed in iraq in combat the first time in four years. it happened during a hostage rescue mission carried out with kurdish forces, a key u.s. ally and the fight against isis. in a statement, isis dismissed the raid as a failure, but the pentagon is calling it a big success despite the loss of life. our chief foreign correspondent richard engel has the dramatic details. >> reporter: the raid was supposed to rescue kurdish hostages like these held by isis in cages. u.s. intelligence have learned they were about to be executed. so when the kurds, washington's closest allies in iraq asked for help rescuing them, u.s. forces agreed. at 2:00 a.m., american special ops and kurdish forces headed to the town landing near an isis prison on the outskirts of town. sources say isis had already dug mass graves for their hostages. kurdish troops stormed in. about 20 isis guards inside fought back. so the u.s. troops there to assist, guard the perimeter and communicate with u.s. aircraft above decided to step in, to protect, the pentagon says, their kurdish allies and the hostages. about 15 isis guards were killed but not before an isis fighter shot one american commando so far unidentified, who later died of his injuries. the first american to die in combat in iraq since u.s. forces withdrew four years ago. but the pentagon insists this was a unique situation. >> u.s. forces are not in an active combat mission in iraq. i can say that directly. >> reporter: when the fight was over, the americans and kurds loaded the freed hostages, 75 of them, according to u.s. officials and at least five captured isis guards, on the helicopters and left. the hostages turned out not to be kurds. around 20 were kidnapped iraqi security forces, others included so-called isis defectors. still, the u.s. military is calling the raid a huge success because of the number of lives saved in one of the biggest hostage rescues anywhere in recent memory. but the operation also shows that u.s. forces are doing a lot more than just advising in the war on isis. in this case, they were in close combat, had to come to the aid of their allies at the cost of one american life. lester? >> richard engle, thanks. new developments in the road rage shooting of a 4-year-old girl in albuquerque, new mexico. the suspect appearing in court after he confessed to the crime. the young victim's family is speaking out about their loss to nbc news national correspondent miguel almaguer. >> reporter: facing a judge on closed-circuit television. >> this is possibly one of the most atrocious acts in the history of this city. >> reporter: 32-year-old tony torres didn't enter a plea, though he confessed to the road rage murder of the 4-year-old shot in the head as her father drove her home from school. >> he took my ileana. she is not going to first grade. >> reporter: speaking in depth for the first time, alan garcia said detectives asked him not to talk about the shooting, what witnesses describe as two drivers yelling at one another along i-40 in albuquerque. >> when someone cuts you off and you honk at them and everybody's done it, everybody says something under their breath. >> he made a choice to pull out his gun. >> reporter: lily loved music nearly as much as she loved her big brother. on the drive home she asked to sit next to isaac. >> so many what-ifs. if i let her move her seat over six inches, six inches. >> reporter: in their grief, the garcias are grateful, first responders did all they could. isaac still wears the coat a fireman took off his own back. tonight this family hopes there are lessons in their loss. >> she was a beautiful, beautiful soul and from this tragedy i want something positive to come out of it. >> reporter: with so many touched by this tragedy, nearly $70,000 has been raised by strangers for the garcia family so they can bury 4-year-old lilly. as for tony torres, police say earlier today in his home they found both the suspected get-away car and the gun used in tuesday's shooting. lester? >> miguel, thank you. a mystery in st. louis where seven churches have now been set on fire in just over two weeks. the latest in a string of arsons was discovered early this morning at a church with a mostly white congregation. the others happened in largely african-american neighborhoods. in all the cases, the door of the churches were ignited. so far no injuries have been reported. right now, we are monitoring two major weather systems closing in. one is a torrential rain maker sweeping into the south central u.s. bringing potentially life-threatening flooding. 10 million people under flash flood watches already. the other system is a ferocious category 4 hurricane about to slam into mexico, and the damage could be catastrophic. al roker is tracking both storms. this doesn't sound good at all. >> it really doesn't. one impacts on the other. we've got this hurricane patricia that is going to make landfall some time friday evening. it's going to weaken over the mountains of mexico but bring catastrophic flooding. the other part is the remnants and moisture will stream into texas. we already have a slight risk of strong storms in central southern texas, isolated wind gusts 70 miles per hour. can't rule out tornados tonight. then we have flash flood watches already in effect into early next week. that moisture from the gulf and hurricane patricia combining to create cells that just sit over central texas. tomorrow we are looking at about a five-inch bull's-eye between austin and waco, texas. as we move into saturday, the rain extends into south eastern texas. the heavy rain continues over central texas. we are talking another five inches. by the time we get into tuesday, talking austin, dallas, all the way down to corpus christi, as much as 12 inches of rain. this is going to be catastrophic flooding. and beach erosion, as well. coastal impacts. we've got coastal flood warnings and watches all the way into louisiana. there is going to be a lot of beach erosion. this is going to be something we are going to be talking about early next week. >> al, thank you. we said it before and again this evening we are following developments of a fresh embarrassment for the u.s. secret service. it's a new report reveals agents were found sleeping at their posts while on the job, including one incident at the white house. nbc's chris jansing reports the agency is being warned its employees are overworked, overtired and putting security at risk. >> reporter: the official alert sent to the secret service is blunt and direct. finding two officers were found sleeping at their posts, discovered during inspections prompted by the now-infamous incident when a fence jumper got into the white house. inspectors concluded these safety issues post an immediate or potential danger to u.s. secret service officers and those who they protect, and blames fatigue from travel, overtime shifts and long hours. >> when you're a federal law enforcement officer with the united states secret service, you should be operating at a much higher caliber than this. >> reporter: secret service records show one agent worked almost 60 hours of overtime before he was caught sleeping. agency sources say much of that overtime was on the flight back from president obama's trip to kenya and issued a statement saying the secret service does not agree with the conclusion. in both instances, the officers had sufficient days off prior to the incident. the chairman of the house committee that oversees the service isn't buying that. >> their staffing is down 10% and they are not able to fill that void because the cultural problems are so deep seeded, people are leaving the secret service. >> reporter: this is the latest in a string of embarrassing episodes, including agents running a white house security barrier after drinking. tonight the white house is backing the agency and its director, but claims he was scheduled to testify before congress next week. now he'll have more questions to answer. chris jansing, nbc news, the white house. we have breaking news from washington. the drama may soon be over in the search for a new speaker of the house as congressman paul ryan has officially jumped in the race. feeling he has enough support from the republican caucus and his conditions satisfied. ryan declared his candidacy moments ago in a letter to colleagues. the vote for a new speaker will take place next week. still ahead as we continue here tonight, a new warning for drivers who use hands-free devices. you may think all your focus is on the road after you hang up a call or change the radio, but you may still be distracted for a surprising and dangerous amount of time. >> also, stand and deliver. how come classrooms are doing away with old school desks and keeping kids on their toes. we are back with an eye-opening new look at the dangers of distracted driving which kills over 3,000 americans each year. we heard about the dangers of talking and texting while driving. many states have laws outlawing it unless it's hands-free. researchers are warning hands-free doesn't mean risk-free. as stephanie gosk shows us. >> reporter: not long after drivers started using cell phones, they realized how dangerous that can be. hands-free laws went up all over the country. what if it's not just the phone in your hand that's dangerous? >> watch out. >> contact joel cooper. >> reporter: a new study conducted by aaa and the university of utah shows hands-free is not as risk-free as some think. >> our brains aren't configured to multitask well. this is a situation where we are asking our brains to multitask while driving that we don't do well. >> reporter: a driver can remain distracted up to 27 seconds after use voice command technology to change music, send a text or make a phone call. now in this neighborhood, for 27 seconds, i'm hitting stop signs, i've got to make turns, have to avoid people on bicycles. the whole time, according to the study, my mind is elsewhere. in a statement, the auto alliance said, we already know that voice operation allows drivers to keep their hands on the wheels and eyes on the road, two things that are critical to safe driving. >> i guess that is a stop sign. >> reporter: the study showed older drivers struggle more than younger ones with the new technology. the biggest distractions are when it doesn't quite work. >> call anna turner. >> call henry burns. >> no, no. >> reporter: even when everything works perfectly, researchers suggest using hands-free devices cautiously. >> just because your car lets you do it doesn't mean it's safe to do it. >> reporter: as awful as this may sound, sometimes the song, text or call has to wait. stephanie gosk, nbc news, ft. lee, new jersey. a lot to think about there. we are back in a moment with the food many of you enjoy so much you may be literally addicted to it. it goes great with crackers, pizza would be nothing without it, if you joked you're addicted to cheese, you may actually be right. a new study finds that a protein in cheese can release opiates that trigger dopamine receptors in our brain like certain drugs do. next time you want an extra slice, blame science. we just had to show you this. the most adorable video of the day comes from the los angeles zoo where a baby giraffe made its public debut today. he doesn't have a name, but quite a neck, under 6 feet tall and 130 pounds. just two weeks after he was born. new york mets are on their way to the world series after sweeping the cubs out of the playoffs. behind daniel murphy's sixth straight postseason game with a home run. that is a new major league baseball record. they'll face the royals or blue jays still battling it out for the american league pennant. when we come back, the new trend in schools that has students standing at attention. a south bay man shot in his own home by an intruder. ===jess vo=== now, he talks about surviving the confrontation with three burglars. ===janelle vo=== plus, blacked out billboards all over town. the ad campaign that has air b-n-b apologizing. ===next close=== the news is next. finally tonight, it's an idea some swear by in the office. i'm doing it right now. can it work in the classroom? our joe fryar takes us to a school that's solving the age-old problem of getting kids to sit still and pay attention by not having them sit at all. >> reporter: students in northern california are taking a stand. >> i really like it. >> reporter: spending much of the day on their feet at new standing desks. >> i just focus better when i'm standing. >> reporter: teachers say they are seeing a big difference. >> i notice i can hold their attention for longer because i feel like their brains and their body are active and more awake. >> reporter: for students, it's like a lesson in newton's first law. >> it's like a body at rest stays at rest but a body in motion stays in motion. >> reporter: after testing the idea in a few classrooms last year, the school dumped all its old-fashioned desks, replacing them with taller models. even the principal has one. if someone says, kids shouldn't be standing all day, what do you say to that? >> we actually don't have them standing all day. >> reporter: students can take a seat whenever they are feeling tired and every desk has a fidget bar to keep kids moving. >> it releases your energy and it's not having you hunched over, you're sitting tall. >> reporter: researcher james levine says getting kids to move more during the day helps them in the classroom. >> their attention is better and skill development is better. >> reporter: the biggest challenge, cost. parents raised $110,000 for new desks with help from stand-up kids. >> our mission is to get these desks into as many public schools as we can in the next ten years, hopefully all of them. >> reporter: standing desks are gradually popping up in classrooms and offices around the country. >> i think for christmas people should start asking for them. >> reporter: a growing movement for more movement. joe fryar, nbc news, california. >> i'm feeling very old school at this big desk. that's going to do it for us on this thursday night. i'm lester holt. for all of us at nbc news, thank you for watching and good night. nbc bay area news starts now. >> intruders barge in and shoot a man inside his own home. tonight we're hearing from the victim about how his harrowing ordeal and how he made it out alive. thanks for joining. >> everyone. i'm terry mcsweeney. >> raj and jessica have the night off. i'm janelle wang. we begin with this developing story. he surprised the burglars, and they ended up shooting him. this happened in green parkway in south san jose just before noon today. nbc bay area's scott budman is live in san jose at the scene of the crime. and scott, you just spoke with the homeowner. he just returned from the hospital. how he is doing? >> reporter: he is doing very well, janelle. he is really in good spirits. and he told us what it was like to arrive home and confront a burglary and eventually a shooting at his own house. it's a typically quiet san jose neighborhood. but green park street was shaken up by a midday robbery that ended with a bloody confrontation between a homeowner and three robbers. >> at that point just told them to get the hell out of my house. 1 of them decided to fight with me. i fought with him a little bit. he ran out. i ran out to see if i could get a license plate and that's when one shot me. >> possibly three suspects. pretty much all we have right now. they fled in a blue i believe it was honda accord. blue honda accord. >> reporter: the victim, 29-year-old albert soumountha will be okay. >> it happened so fast. i just heardot

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Transcripts For MSNBCW MSNBC Live With Craig Melvin 20171204

salt lake city, he's going to head to welfare square and meet with officials from the mormon church and take a quick look at the humanitarian efforts for the needy by the church there. and then he appears at the capitol. he's going to sign that executive order reportedly removing 2 million acres created by democratic predecessors in southern utah. orrin hatch with him, ryan zinke and we'll continue to watch this. in the meantime, back in washington, d.c., he has gotten away with what has been a storm of controversy over the last 24 hours or so. president trump's attorney today saying the president did not obstruct justice. but even if he did, the attorney claims, the president is allowed to do that. it's convoluted at the very least and stems from a tweet sent saturday by president trump which gives the appearance that trump knew back in january that mike flynn had lied to the fbi. if true, that would mean president trump knew flynn lied before he spoke to then-fbi director james comey about the flynn investigation. and you'll recall, according to comey, he asked him to, quote, let it go. nbc news tried to get trump to clarify the situation. we had a chance to ask some questions to him as he was getting on marine one, headed to air force one, headed to utah but those questions went largely unanswered. take a listen from earlier today. >> mr. president, when can you find out mike flynn lied to the fbi? >> i feel badly for general flynn. i feel very badly. hillary clinton lied many times to the fbi. nothing happened to her. flynn lied and it's like they ruined his life. it's very unfair. >> mr. president, when did you find out he lied to the fbi? >> so, as you see, that was several hours ago before the president came to where you see him now. he's working the crowd there at the airport in salt lake city. we have a lot to unpack and i want to start with nbc's peter alexander who stayed behind at the white house. let's start with this weekend tweet, peter. what did the president say and how did his personal attorney try to do some clean-up? >> reporter: they me try to walk you through this. president the and his team are furiously backtracking from this weekend's tweet. the president tweeted, i had to fire general flynn because he lied to the vice president and the fbi. he adds, there was nothing to hide. still, as you noted, that tweet did set off this firestorm, significant because it quickly deepened conditions of obstruction of justice by this president, an impeachable offense, given the president was implying he knew flynn lied before james comey says the president asked him to drop the flynn case, to let this go. a point that the president has repeatedly denied. over the weekend, mr. trump's outside lawyer, john dowd told us that he dictated those words in the president's tweet to a white house aide, a man named dan skovino, saying president did not know he lied when he fired him. dowd adding he hasn't said really whether the president signed off on the tweet in question. generally white house officials tell us the president and his social media directors are the only ones, for the most part, that tweet from the president's account and skovino would almost always get approval from the president. >> who tweeted it is a question but the president can't obstruct justice. what's his argument? >> reporter: let's walk you through that part. this is the president from his personal attorney, john dowd, revealing today to us a potential legal defense or theory or strategy in this ongoing russia probe claiming a president cannot obstruct justice. here's part of the statement he provided. he said the president cannot obstruct justice because he is the chief law enforcement officer under the constitution's article 2 and has every right to express his view of any case. again, that's from john dowd. that's from the president's outside lawyer. he added the president's weekend tweet, which a lot of people argued strengthened that obstruction of justice case, did not admit obstruction. he said specifically, that's an ignorant and arrogant assertion. >> peter alexander at the white house, thank you. the latest statement appears to muddy the waters even more. john dowd saying acting attorney general sally yates who told the white house back in january that flynn lied to the fbi. dowd says yates told the white house counsel that flynn had, quote, given the agents the same story he gave the vice president. and as you'll recall, trump actually fired flynn for lying to the vice president. but dowd's account is at odds with what yates said during his testimony in may. >> we also told white house counsel that general flynn had been interviewed by the fbi on february 24th. mr. mcgahn asked me how he did and i declined to give him an answer to that. >> now, during her testimony, she appeared to confuse the day the flynn's testimony. it was january 24th, not february. "the washington post" also reports today that, quote, people familiar with yates' account say she never discussed any part of the fbi investigation with the white house. for more, barry mccaffrey joins us, tim carney and danny, msnbc legal analyst. does dowd need to go? is he doing the president any favors here? have you seen a lawyer who basically acknowledges that maybe he just -- maybe he got his client into more legal trouble than he was already in, potentially? >> well, the question is, is he a guy who's falling on the sword for his client and will that work or is he a guy who fires off tweets that get his client into more trouble? and, frankly, if you remember, sha sean spicer used to say the president's tweets are the president's tweets and they are his voice. now we're getting the opposite message that anything that comes from the president's account might or might not be something that he believes in. but it's -- >> at dowd says this is my first and last time tweeting for the president. >> yes. there's a string of people of trump surrounding himself with people who don't seem up to the job. and from the impression of john dowd so far, he is one of those. we have other personal lawyers, people he put in his inner circle, frangly, like michael flynn where he's not surrounding himself with the best people. where his inexperience in politics, which was politically a virtue, is turning out in the administration to be a setback. >> so, danny, let's go the whole question of competency and the legal question in front of us. can a president obstruct justice? can he be charged with obstructing justice? >> he can. we got a preview to this back in the days of nixon when several members -- a dozen house of the house judiciary committee concluded, yes, the president can commit a crime and he can commit obstruction of justice. now, that statement that trump's lawyer gave is incorrect as stated. there are circumstances where the president's interference with an investigation could be lawful. most obstruction statutes come down to two major elements. number one, did the person interfere with an investigation or proceeding or something like that? but secondly, congress has made it clear that they must additionally do so corruptly. corruptly means with an improper purpose. if you have a good reason then you can interfere with a federal investigation if you're the president. if it's something in the public interest. if, instead, its for your own personal gain, your political gain, then it becomes corrupt. so, it is possible that the president can commit obstruction of justice. >> there may be some question about whether he could be prosecuted for it. >> yes. but that is a totally different legal inquiry. here's why. it may be the case that the president cannot be prosecuted while in office. but first, obstruction is relevant to an impeachment proceeding. impeachment is defined -- impeachable offenses are high crimes and misdemeanors. this is exactly the category that the framers intended. secondly, obstruction as a crime is relevant because the constitution tells us that the president can be impeached, removed from office and then prosecuted for any potential crimes he may have committed while in office. >> so, general mccaffrey, i think this brings us to the chain of command question which you know quite a lot about. the key that a lot of people are looking at here, was trump aware of flynn's contacts with the russians. what do you say to that? based on what you know, the way white houses work, the way chain of command works. >> look, eye bei've been in thr white house administrations dealing with national security advisers. i think it is absolutely impossible to believe that general flynn wasn't hour to hour in communication with the president of the united states. pence may have been read out of it, but trump from the podium was talking about dealing with the russians, admiring the russians. what would be the possible reason general flynn wouldn't have been seeking his approval and being very proud of what he's accomplishing? i think that's what flynn is about to give up dealing with the independent prosecutor. >> tim, where does this go? what does this -- what's the real world impact of this? >> the question is, what's come down on flynn, is it the end of the story? is it the end of a particular road for the special prosecutor? or is this flynn getting ready to be flipped and to turn onto trump. i know for a lot of trump's critics, which is half of the country, there's this fantasy flynn is tripping and trump's about to go. that's not in any way obvious. that's guesswork. i think a lot of times what we see with these prosecutions, if you remember when the valerie plame leak happened, a handful of people kind of close to power get indicted for something exactly like this, lying to federal investigators or not filling out a disclosure form properly. in the case of manafort, allegedly accused of tax evasion. here's where you said "x," here's where you said "y," here's how we know you didn't mean it, on paper or in person. those things often end up being the end of the road for an investigation. in our experience with political investigations, it doesn't go any further than that that. i would not be surprised if we see flynn or one or two others. the hope this will touch trump and be impeachment is based on hope and not any hard fact. >> danny, if there is a focus on something higher than general flynn here, we've seen before, and we're in new territory here, relatively new territory with social media and twitter, but federal judges have already made decisions based in part on what the president had to say on twitter, on immigration could a tweet like this be used in a case against a sitting president or anybody for that matter, if anybody is treated equally under the law. would there be when you have a preponderance of evidence when the president tweets for his own twitter account that once and only once somebody else tweeted for him, would that fly? >> law enforcement loves social media. in the past you didn't have access to what a defendant or party was saying. now we're all putting our thoughts, a daily diary on our phones, on social media, so prosecutors, reporters, mind these statements and they usually can be used as an admission or a statement against interest against the person who made the statement. now, the obvious defense could be that, well, i didn't make the statement. for the vast majority of us out there, we are the only person with access to our social media accounts. it does get strange once there's another third-party who has access and it gets stranger when that third-party is your personal attorney because on the one hand strategically i see why someone might make the statement, it was my attorney who made the statement, therefore, it can't be used against me. on the other hand, your attorney arguably vetted that statement and it's even more valuable as your attorney's vetted statement. i see both sides. i see what the benefit would be for trump having not said it but it seems like that's something that will have to be established by the president. >> danny, thank you, as always. tim and general mccaffrey, you okay there, coming down with a cold? >> yeah, maybe. >> i hope not. thank you. we appreciate you coming on. >> meantime, billy bush is responding to reports that trump does not believe that it's his voice on that now infamous "access hollywood" tape. nbc's kristen welker is here. what can you tell us about this? >> hi there. we all remember that moment when the "access hollywood" tape was exposed and revealed. it nearly brought down then candidate trump's campaign. well, in recent weeks he has reportedly been telling friends and close confidantes he doesn't think the tape is authentic. billy bush was fired over the controversy. speaking out, his message very clear, chris, he's saying the tape is real and he's also making the point that the president's denials have toucheded a raw nerve for him. let me read you a part of the op-ed in "the new york times." billy bush writing, of course he said it and we laughed along without a single doubt this was hypothetical hot air from america's highest rated bloviat bloviator. along with donald trump and myself there were seven men. he was performing, surely we thought. none of this was real. we now know better. bush goes on to say about having read some accounts of the accusers of president trump he believes them given to what he said to all of those seven people during that bus ride. of course, the president has denied any and all accusations against him. but, chris, bottom line, this is an issue that continues to loom over this white house and over this president, particularly now when you have what so many have called a reckoning. billy bush himself calling this a reckoning, a real awakening, saying this last year has been an o an odyssey and one he hopes to never face again. >> it took nearly 24 hours after michael flynn pleaded guilty, but president trump then went on twitter trashing hillary clinton and the fbi. claiming the agency's reputation is in tatters. we'll talk to former clinton campaign senior adviser coming up. and after four decades with the metropolitan opera, the conductor james levine suspended after new sexual abuse allegations surface. does the met hold any culpability? yeah!? i switched to geico and got more! more savings on car insurance!? they helped with homeowners, too! ok! plus motorcycle, boat and rv insurance! geico's got you covered! like a blanket! houston? you seeing this? geico. expect great savings and a whole lot more. new reports today that the president's latest twitter storm following the guilty plea by his former national security adviser, michael flynn, has people close to him was in and among the things making him nervous, sunday's tweet, critical of the fbi. it reads, after years of comey, with the phoney and dishonest clinton investigation and more, running the fbi, its reputation is in tatters. worst in history. but fear not, we will bring it back to greatness. i want to bring in former senior adviser to secretary of state hillary clinton and ken, nbc news national security reporter. the president said this morning, hillary clinton lied many times to the fbi during the e-mail investigation which, of course, conflicts with this testimony from then-fbi director james comey back in june of 2016. >> did hillary clinton lie? >> to the fbi? we have no basis to conclude she lied to the fbi. >> did she lie to the public? >> that's a question i'm not qualified to answer. i can speak about what she said to the fbi. >> did hillary clinton lie under oath? >> not to the fbi. not in a case we were working. >> does this come down to a matter of credibility, do you believe james comey or do you believe president trump? >> i believe hillary clinton. i know hillary clinton did not lie to the fbi. she did not lie to any committee she testified to and she did not lig lie to the public. she was a beacon of honesty in this whole matter. one way to look at it, these are not parallel investigations. the fbi investigation into secretary clinton's e-mail started in 2015 and ended by the campaign but about a year ago. donald trump is in the middle of an investigation by the fbi and special counsel. imagine if last year every other day or multiple times a day hillary clinton would tweet comey is crazy, this is a witch hunt, i don't know why anyone is listening to this guy, the fbi is in tatters. it would be absolutely insane to imagine a person running for president doing that, let alone a sitting president doing that. >> and let alone a man who did things like that, did run for president and he beat hillary clinton. >> he did. he did. in part with some help from jim comey. but i would say that there's a difference now. last year president trump used twitter very effectively. but primarily for one reason. he used it to give his supporters talking points. he gave it directly to them. he bypassed the media. and it was genius. now it's happening -- three things are happening. one, he's giving them talking points, which is still working like a charm. two, he's making policy pronouncements, which is not working so great because it's often in conflict with his own white house. three, what he's really doing problematically is he's essentially testifying virtually online. and it is not going well for him. we can see what happened over the weekend with john dowd, his lawyer's tweet. essentially everyone is saying, please, please, please stop tweeting. i think the opposite. come on, man, start doubling or tripling your twitter output because everything he says makes life worse for him. >> ken, i do have a sense, and you have talked to a lot of people as well within the intelligence community, within the fbi about how they feel about the president's tweets. former attorney general, eric holder, tweeted, the fbi's reputation is not in tatters. it's composed of the same dedicated men and women who have always worked there and who do a great apolitical job. you'll find integrity and honesty at fbi headquarters and not at 1600 pen avenue right now. give us some context here. how unusual, how rare is it unprecedented to have the president of the united states savagely criticize the fbi? >> it is unprecedented, chris. that's an important word to use. like much that goes on with sdth trump, it's unprecedented. two previous presidents investigated by the fbi, richard nixon and bill clinton, didn't say anything close to this to criticizing the fbi. the fbi since 9/11 its primary mission has been a counterterrorism mission. so fbi agents are on the front lines of the war on terrorism all over the world. they're ricking their lives much the same as men and women in uniform are. and to hear the commander in chief ripping them and denouncing them, it takes us in a new direction we haven't seen in our politics. and we probably disagree about the legitimacy of the hillary clinton e-mail investigation, but we agree if barack obama, the sitting president had denounced james comey for carrying out that investigation, he would have been pillaried. he was pillaried for stating he didn't think there was a cause. i think we're in uncharted territory. >> as we often are with this presidency. this comes after the reporters in the "new york times" and washington post that a top fbi agent had been reassigned from the mueller probe this summer after it became known he allegedly sent politically charged texts that were critical of mr. trump and supportive of hillary clinton. and "the wall street journal" is now reporting that the agent led the bureau's investigation into hillary clinton's use of a private e-mail server. i want to ask you first and i'll go to filip after that, how big of a deal would this be? >> it will be a big deal in right-wing media. what i think is important is robert mueller got rid of this guy after he found out about this. so, it shows that the mueller investigation is trying to be above reproach. a lot of people say things in private and doesn't mean they can't be objective in their jobs but the mueller folks thought this was out of bounds and he's no longer on the investigation. >> of course, the question that a lot of people are asking is what damage was done in the meantime. does it color the imapartmenty of this investigation? >> i don't think so. as someone who spoke to the fbi, interviewed by them, they didn't go easy on anyone. they left no stone unturned. like ken said, the most important thing is when they found this behavior, they immediately -- mueller decided himself to reassign the person, by all accounts to siberia. it does not seem like anyone is going he's soy this. i'd make mention that the way this came to light, i believe, is through the department of justice's own inspector general investigation into how the clinton e-mail was handled last year. so, they deserve credit for looking into what happened as does robert mueller for handling anything that's come to light. that's the way it's supposed to work. to say that one person's text colors what hundreds of people do every day for a living is absurd. i imagine trump's new own fbi director takes issue with it. >> who has been very quiet. >> thank you. appreciate it. second time may be the charm. senate democratic leaders say they'll join thursday's talks at the white house to avoid a government shutdown. they no-showed that last meeting after a trump tweet. we'll break it down as well as the latest on the republican tax bill. and the metropolitan opera suspended its revered conductor, james levine, amid sexual allegations stretching back nearly 40 years. will the met be held responsible? 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>> she absolutely does. it's a 14-page complaint filed today in federal court in new york. chris, it's short, sweet and to the point. the confidentiali the provisions contained within the 2002 settlement state clearly, if asked bernstein and fox news and bill o'reilly, they can only say, quote, the parties have resolved the claim. clearly bill o'reilly needed to be muzzled because he kept on going, running his mouth and now to have alleged to have violated not only the confidentiality provision but the nondisparnlgment. that might replease lealease a things, money out of his pocketbook and fox news' pocket. >> then you have james levine. in the original complaint by bernstein, this was about harassment, not sexual harassment. very different case with james levine. difficult in the classical music community to overstate the star power that this man has. he is in many ways probably the equivalent of harvey weinstein in terms of his influence and fame within that community. here's part of what "the new york times" wrote about what happened during levine's work at a music venue at a festival near chicago. this came to the met's attention when the illinois police investigation was opened in october of 23016, according to peter gelb who heads up the met. at the time jim said the charges were completely false and we didn't hear anything further from the police. we need to determine if these charges are true. if they are, take appropriate action. we will now be conducting our own investigation with outside resources. i want to ask you a bigger question. it does seem in a lot of these cases, this is one of them, so there are complaints. peter gelb acknowledged at least twice before some level of complaints had come to the attention of senior management at the met. we know that it was written about by numerous journalists, some of these accusations. he himself was asked about them. there was a 2001 book that also went over some of these allegations. in this case, peter gelb says he went to james levine. james levine said, it's not true and he waited to hear from the police. if there is a pattern, and, again, this kind of situation has emerged over the last couple of months where there were a number of accusations against people that no action was taken, we're in a new sort of area now and people are taking action, but for a long time no action was taken on a number of different fronts. i'm asking you a generic question. is any business, organization, nonprofit ever culpable if they didn't do anything in the face of repeated allegations? >> so, you make a really good point, chris, in your analysis in terms of what do we do today versus what do we do 30 years ago? for example, back in 1979 when allegations arose and this whisper network that existed in the classical music community about somebody like james levine, what did they do? they don't do what we do today which is conduct internal investigations by hiring outside counsel to determine what, if anything, occurred on whose watch. when it comes to answering your question in terms of liability, certainly the question ends up being, to whom is the duty owed? this nonprofit board, any type of business entity, to whom is the duty owed? did something happen to your watch to an employee and you were aware? in this particular set of circumstances the victims coming forward against james levine are people alleging conduct that happened decades ago and may or may not have had a direct relationship to the metropolitan opera. you have to ask yourself, who knew what when and then to whom was a duty owed by that particular entity or that nonprofit organization to the victims that are coming forward? that is part of the legal analysis that goes into whether or not you have liability exposure. >> why haven't we seen -- i mean, we've seen obviously these -- we saw the filing today that doesn't have to do with sexual harassment but why haven't we seen any kind of legal action on these fronts with -- a lot of people losing their jobs, right? a lot of people humiliated, storied careers of people tainted forever but no legal action. >> we have seen a few lawsuits that are being brought against not only harvey weinstein individually but also against the weinstein company or when it was miramax at the time. we're seeing an attack in terms of the plaintiffs in these cases trying to go after the companies themselves for their independent liability on behalf of the employees or people that were working there at the time. there's a fduty owed. we'll see how much was known by the people in position to terminate the conduct or terminate the people. >> thank you very much. we appreciate it. katie phang, as always. there is the president of the united states. are these live pictures we're seeing here? this is tape. so, this is live. you can see orrin hatch there and leaders of church of jesus christ of latter-day saints in salt lake city. the president said this morning, and we saw those pictures earlier when he was walking to marine one, there was a pool spray, the media was out there. he said, look, we're going to utah to do something the state of utah and others have wanted done for many, many years. he says it's about state's rights. so important to the people of utah. we'll have a lot of time to talk about it. he ended with. but this is something that's controversial, that the president has decided to do. certainly controversial in the environmental community. he is going to announce he's going to shrink bears ear and grand staircase-escalante monuments. a couple of things here. he's spending a relatively short period of time on the ground. also worth noting that president trump during the course of this flight to salt lake city called roy moore, the controversial alabama senate candidate. the white house statement said the president had a positive call with roy moore during which they discussed the state of the alabama senate race and the president endorsed his campaign. so, we had heard all of these sort of statements by him that were considered tacid endorsements but the white house stating clearly -- by the way, roy moore's wife posted on his facebook page she was giving roy moore, who was accused of child molestation, his endorsement. moore tweeted -- we have questions? let's listen. >> thanks, guys. thank you. >> what happens in those pool sprays f you're the representative of the media, and i've gone into those events at the white house and elsewhere, you do the best you can. you ask a question. sometimes the president responds, sometimes he doesn't. obviously in that case he wasn't interested in doing it. but again, one of the notable things about this trip is what happened on the plane on the way there. the president giving his endorsement to roy moore. we'll continue to follow the president's activities. chuck and nancy back at the white house this thursday. we'll talk with president trump to avoid a government shutdown. president trump reportedly trying to head off a possible run by his long-time nemesis, mitt romney. that's interesting stuff. we'll have details on that just ahead. these feet... loved every step of fatherhood... and made old cars good as new. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. lyrica may cause serious allergic reactions, suicidal thoughts or actions. tell your doctor right away if you have these, new or worse depression, unusual changes in mood or behavior, swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling or blurry vision. common side effects: dizziness, sleepiness, weight gain, swelling of hands, legs, and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who've had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain. ask your doctor about lyrica. ♪ spread a little love today ♪ spread a little love my-y way ♪ ♪ spread a little something to remember ♪ philadelphia cream cheese. made with fresh milk and real cream makes your recipes their holiday favourites. the holidays are made with philly. democratic leaders in the house and senate have just agreed to a new meeting at the white house. a statement from senator chuck schumer and congresswoman nancy pelosi, which was issued just a couple of minutes ago, says they have accepted an invitation to meet with the president and republican leaders on thursday to discuss, quote, the year-end agenda. this comes after last year's scheduled meeting the democrats didn't show up to after the presidential tweet saying there was no deal to be made. let's bring in jake sherman, jared bernstein, former mrik adviser to joe biden. and former director of the congressional budget office. okay, jake, let's start with this new meeting. what do you make of it? >> i make that it's very late in the game to be having a meeting about government funding and the year-end agenda since government funding expires on friday. so, this is -- >> they meet on thursday. they can figure it out by friday. >> yeah, i mean, this is really cutting it close, to be honest with you. we witnessed the big tiff, the democrats cancelling their meeting at the white house due to one of president trump's tweets. there's a lot to get done. not only government funding but daca, the protection for people who are brought to this country illegally as children, there is a spending caps deal they need to set in motion. there's a lot to do and they're giving themselves literally one day. this is going to be very -- it's going to be very -- right down to the wire. >> meantime, doug, you have house and senate leaders getting together today. they're trying to see what they can do to reconcile the house and senate versions of taxes. the senate gave the president what he asked for, right, a reduction from 35% to 20% on the corporate tax rate. then he comes out and says this -- >> people are going to be very, very happy. they're going to get tremendous, tremendous tax cuts and tax relief. that's what this country needs. one other thing, business tax all the way down from 35% to 20%, it could be 22% when it comes out, could also be 20%. we'll see what ultimately comes out. >> so, a little conflicting signals there, doug. does it matter to the house whether it's 20% or 22 snrs does it introduce more uncertainty into the process? >> well, we've seen this before all along. i don't think it will change the process much. >> people basically ignore what the president says? >> i don't think they ignore it. i think they sit down and say, is there a reason we have to be at 22 instead of 20, because it's not only that number that matters, it's what else comes with it. why are you going from 20 to 22? that's not clear from the comments. there are a lot of differences between the house and the senate. in the end, the structure of the two bills is quite similar. they're individual provisions, pass-through provisions, c-corp provisions. they'll work through that list and i think they can get to a final bill in relatively short order. >> the house bill keeps the obamacare mandate. the senate bill repeals it. tax cuts for individuals permanent in the house version, they expire in '25 in the senate version. child tax credits increased in both versions. the house version lowers the cap for the mortgage interest deduction. the senate leaves the cap at current levels. do you see this, some version of this, jared, doing what the president said, they're going to get tremendous, tremendous tax cuts and tax relief and that's what this country needs. >> no, i mean, i think there are some folks who will experience significant tax relief from this bill, but they tend to be those at the very high end of the pay scale. i mean, if you look at who benefits most from a big cut in the corporate tax rate -- by the way, do i think an important difference is that corporate rate cut starts in 2018 in the house bill and starts a year later in the senate bill. that year later start saves the senate bill about $120 billion. but if you look at who benefits from a big cut in the corporate tax rate it's profit yeeers, shareholders, corporate executives. the idea you'll get that to trickle down to the middle class, this trickle-down fairy dust that's been disproved time and time again. if you want to help the middle class, this are ways to do it. ask the average person if they think a corporate tax cut is the way, they will tell you no and they will be correct about that. >> so, doug, look, what we do know, if you like the organizations charged with doing this, this is going to add to the deficit tremendously. that has been -- it is the forefront in the senate bill because it's estimated that the deficit over the next decade could grow to nearly -- by nearly $1.5 trillion. how do republicans, especially fiscal conservatives, sell this bill truthfully? >> i think they -- a lot of them are very uncomfortable adding to the deficit but they look at the status quo. it's a status quo in which every corporation parks its intellectual property overseas. it increasingly moves its production overseas. when they earn money, they leave it overseas. at every merger and acquisition the headquarters go overseas. back home f you worked full time, you got zero increase in your income. changes in business taxation that will give incentives to locate in the u.s., invest in the u.s., hire people and pay them better in the u.s. are exactly what's needed. that's what's in these bills. and the price of it is a somewhat larger deficit. but if you take the joint committee at face value and you take the policy at face value, this is going to mean borrowing an additional $40 to $60 billion over the next ten years. that seems like a relatively acceptable price in the interest of getting real wages rising in the united states. that's how people think about t. that's how people think about it. >> this is an interesting conversation we're having and what we're seeing on tv. and that is, even though the camera was just moving then, we saw the president with a shopping cart, something you don't see presidents do every day, but he's actually going through a food pantry in salt lake city, the church of jesus christ of latterday saints that does tremendous outreach and do a lot of work with people who need help. jared bernstein, one of the things we talk about whenever there's conversations about changing the tax bill even slightly, and this is and huge change, is about obviously the effect it will have on the middle class, the lower and middle class, and by natural consequence then, if you're right and it hurts people who are at the lower end of the spectrum, it puts more pressure on groups like churches, not-for-profits, who are trying to help folks, number one. and number two, then their donations tend to go down because the people who are truly middle to lower middle class who we know on a percentage basis are more generous than wealthy people. they no longer have the ability to give. i just wonder as you look, i don't know if you have a monitor there -- >> i do. >> you can see the president walking through the food pantry there. what are your thoughts there? >> these pantries, i have helped work at some of them, they are literally doing the lord's work. and they deserve all the support we can give them. but the problem with linking that to the tax plan is that because the tax plan gives very little to low-income households and then even what it gives expires because that is the part that goes away in 2025 while the corporate and the estate stuff keeps giving. and i'm not nearly as dismisive as doug about the deficit. doug doesn't like that part, but it is problematic from exactly this perspective. because, we already have politicians saying this, their next move is to point at that rising budget deficit, which by the way, they brought to us by this deficit finance cut. it didn't have to be deficit finance. they could have made it revenue neutral. they are saying, oh, no, we have to cut low-income problems. low-income people get dinged twice. the little they get expires and then they cut the safety net. when you hear donald trump say in recent days, the next move is welfare rerm to. th reform. they are talking about cutting nutritional support and cutting medicaid. >> jake, really quickly, the endorsement of the president today to roy moore, a sign of just how badly the republicans are going to need to keep that seat? what do you make of it? >> i think the president and many republicans think he's going to win and probably wants to get on his good side, show support in the last couple of days. up here when we talk to republicans, you have to keep in mind, this is a big game changer for democrats if they're able to win that seat. that's a vote they don't have as they go into these battles over government funding, debt ceiling, taxes, republicans hope to finish taxes before the new senator is seated, whoever that might be, but this is a big seat for democrats to pull that off. and donald trump is still popular in alabama. so this is trying to drag him across the finish line. >> thank you so much. i appreciate you guys very much. and president trump as we have been showing you in utah flight set to undo former president obama's utah monument designation. president clinton's as well. how will environmental groups and tribes respond? rheumatiod . before you and your rheumatologist move to another treatment, ask if xeljanz xr is right for you. xeljanz xr is a once-daily pill for adults with moderate to severe ra for whom methotrexate did not work well. it can reduce pain, swelling and further joint damage, even without methotrexate. xeljanz xr can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections, lymphoma and other cancers have happened. don't start xeljanz xr if you have an infection. tears in the stomach or intestines, low blood cell counts and higher liver tests and cholesterol levels have happened. your doctor should perform blood tests before you start and while taking xeljanz xr, and monitor certain liver tests. tell your doctor if you were in a region where fungal infections are common and if you have had tb, hepatitis b or c, or are prone to infections. xeljanz xr can reduce the symptoms of ra, even without methotrexate. ask your rheumatologist about xeljanz xr. when this guy got a flat tire in the middle of the night, so he got home safe. yeah, my dad says our insurance doesn't have that. what?! you can leave worry behind when liberty stands with you™. liberty mutual insurance. anyone ever have occasional y! constipation,diarrhea, gas or bloating? she does. she does. help defend against those digestive issues. take phillips' colon health probiotic caps daily with three types of good bacteria. 400 likes? wow! try phillips' colon health. >> mr. president, are you encouraging senator hatch to run for re-election? >> yes. >> he's way toitrying to convinn hatch to run for re-election. we didn't hear anything from mr. hatch himself. but if there was any doubt that mitt romney is the long-time nemesis of the president of the united states, i think we just heard affirmation that the president really, really does not want mitt romney in the senate. >> it can't be overstated how president trump doesn't want mitt romney to become another republican senator. he'll made it clear that he and mitt romney do not get along. that he still holds a grudge over the criticism that was leveled against him during the 2016 election. and he is encouraging orrin hatch to run for re-election even though he could be in his early 90s. >> is anyone getting indication from mr. hatch on what he's goinged t ed ted t to do? the president said he's encouraging him but we didn't hear mr. hatch say, i'm going to run. >> reporter: right. he has signaled, however, he would support romney if romney chose to run for his seat. but again, we don't know if hatch is planning to retire yet. he's been mum on rumors that he's heading towards retirement. but i do think given his age that it is likely to happen and mitt romney would be the go-to candidate to take the seat in utah. >> the president son the ground a little while longer. we'll see if we get anything out of the senate. gabby, thank you for being with us. that will wrap us this hour of "msnbc live." i'm chris jansing. it's to my colleague katy tur. it says katy tur and i'm standing next to allie velshi. you're practically twins. ali velshi, i'll let you take over. >> i'm ali vels in for katy tur today. these are pieces of land, not that ch statues. those he's traveling over 2,000 miles in washington, it is clear that the fallout from michael flynn is not far behind. donald trump offered this defense of his former national security adviser before boarding marine one at the white house. >> well, i feel badly for general flynn. i feel very badly. he's led a strong life and feel very badly. i will say this, hillary clinton lied many times to the fbi. nothing happened to her. flynn lies and it destroyed his life. i think it's a shame. >> the president's first public remarks on the matter came on the heels of the controversial tweet he posted on saturday from his official account that read, i had to fire general flynn because he lied to the vice president and the fbi. he has pled guilty to those

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Transcripts For CNNW Smerconish 20171209

election. >> get out and vote for roy moore. do it. >> one closely watched factor in the battle for jeff sessions old seat is if voters believe or care if roy moore assaulted a 14-year-old when he was in his 30s. can doug jones score an upset? al franken announces he is resigning from the senate not right away, but coming weeks. has franken left the door open? and the fbi is fighting to maintain something that has always been sacrisant. a top fbi agent reportedly sent anti-trump messages. and the president and others attacked the not guilty verdict of the undocumented immigrant in the death of kate steinle. one juror insists they did its duty. i have a question. if you cheered the termination of someone in the arts caught up in the reckoning over sexual harassment, should you no longer enjoy or listen to their past work? tweet or facebook me for later in the program. first, those voting in the alabama senate race on tuesday and wonder if they may be voting for someone as an adult fondled the genitals of an underage girl, i think i can discern roy moore's past in a single question. is it reasonable to conclude that moore, at age 32, assaulted a 14-year-old given evidence with other teenager girls? my answer is yes. despite the polarizing world, i'm replying on critical thinking. i think custom and practice very veal reveals this. moore was 38 when he married his wife. then aged 24. nothing illegal. maybe an eyebrow raiser as best. the older that men get, the greater the past they acquire from society for dating women their junior. it tells us about his tastes in one case. there are several women who told similar stories to the washington post. wendy miller was 14 and working as santa's helper at the mall when she said moore in his early 30s first took an interest in her and 16 when he asked her out. gloria was 18. moore was 32. when she said they met at the mall where she worked for a jeweler and they began dating. debbie gibson saved her high school scrapbook. documents after she met moore an an at high school class. he accompanied her to the high school graduation. she wrote 3-4-81. roy moore and i went out for the first time in albertville. i had a great time. she was 17. he was 34. put it all together. when moore was 38, he married a 24-year-old. when he was in his early 30s he asked out a 16-year-old. when he was 32, he dated an 18-year-old. when he was 34, he dated a 17-year-old. and finally, most importantly, this brings us to leigh corfman. she claims she met 32-year-old moore at the alabama courthouse where he was an assistant district attorney. corfman accompany her mother. obtained her telephone number and allegedly touched her in appropriately guiding her hand to do likewise. two friends told the washington post she reported her involvement with moore at the time. when sean hannity talked about moore dating teenage girls, he said it could be out of my customary behavior. recently moore on the campaign trail has taken to saying i don't know any of the women. clearly he does. one more thing, as noted by kyle for al.com. in the book, "so help me god." he talked about meeting his wife at the christmas party. many years before, i had attended a dance recital. i remember one of the dances performed by a young woman whose first and last names started with the letter "k." it was something i never forgotten. could that young woman have been kayla kisor. he said he determined she had indeed performed a special dance reciteal years before. moore said the recite al was eight years prior to the formal meeting. that means she would have been 15 or 16. ironically a court of law, a judge might rule much of this inadmissible because it is too prejudicial and damning. i'm not including gloria allred's client with the yearbook. if you look at the evidence and assess by the legal standard of proof. by preponderance of the evidence or clear and convincing evidence, a jury would believe moore was 32, he was with a 14-year-old. with all eyes of the nation focused on tuesday's special election pitting moore against democrat doug jones, let's get a view from the ground. joining me former gop chair, marty conconnors. mar marty, this is a referendum of do you believe the accusers. what does it look like from the state of alabama? >> you can honestly assess the circus is definitely in town. we had gloria allred here twice. you know what that means. there are three variables. the black vote. will the democrats succeed in suppressing republican votes. then frankly will rural voters backlash at the lectures they are getting from washington and media? people in the south and western states expect to get preached at on sunday mornings. not by jimmy kimmel on late night television. >> how about the way i laid out the public record of the accusers? that's not lecturing? that's a pretty balanced analysis? >> i think -- >> i guess my question -- >> it is accurate. >> marty, my question -- let me finish this question. yours is a pretty conventional analysis viewing this race by con the cio con the city we know as i. do you believe the women or do you believe judge moore? is that what the race will come down to or not necessarily? >> i think the race will come down to largely that. there are a couple of things you don't see on the national media. gloria allred has the yearbook. they altered it. they won't subject it to forensic study. the gadsen mall has been repeated and repeated. the manager of the maul sall sa. he doesn't remember roy moore. you will not see that on jimmy fallon's show. >> you notice that i left out gloria allred's client. why muddy the water? my opinion is whatever notation she added, she should have revealed sooner in time. doesn't necessarily mean that is not his signature. put that aside. what about all the other accounts? it does tend to present a custom and practice for the man. >> let me use your very word. the word is custom. you can say what you want to say and accusations that may or may not have occurred 30 or 40 years ago. what's happened since? normally people of the behavior repeat themselves. i can't see evidence of that in the last 35 years. >> question for you. the franken resignation. do you think that will factor into the thinking of alabama voters insofar as they go into the voting booth saying the democrats are cleaning house. how can we justify franken is out and we're about to seat roy moore given the cloud that surrounds him? >> i don't think it will have a factor at all. first of all, al franken didn't say these. he is treading water. i thought it was particularly funny when he said he is basically treading water. i think it was particularly funny when he said i want to be investigated by the ethics committee. do you know the last time a sitting senator was thrown out? 155 years ago. if i was franken, i, too, would want the senate to investigate me. >> let me ask you a question in your role as a party man. you are a former state chair. does it occur to you maybe the worst thing that happens nationally for republicans is that roy moore wins on tuesday because in the mid term election in 2018, the democrats will saddle him with every republican across the country? >> i expect that will come out of the mouth of every democrat who opposes a republican. of course. the answer is quite system. i'm not running for the senate in the state of alabama. here's my set of issues. next question, please. it's really that simple. we had other controversial candidates who did not win. they too, hung round other members. well still have a majority. >> final question. does he win or lose on tuesday? >> my bet is in vegas oddsmakers are saying roy has the edge. i will say plus four. i have to weigh through the v y vario vary. >> marty, thank you. >> thank you. >> what are your thoughts? tweet me @smerconish. connie, what do you have? from facebook. that is not evidence. i would not doubt he did it. he was with other young girls doesn't mean he was with a 14-year-old. i can't stand moore. i think he is a nut. we will see. brad, you may be correct. i wanted to show a pattern of interest in teenage girls at a time when he was in his 30s. one more quickly if we can. smerconish, the only thing we can be sure of is you are a liberal pushing their agenda. really, linda? watch the program and see if that is your conclusion by the end. there is more to come. be sure to tune in to cnn tuesday night. election coverage begins at 5:00 p.m. eastern. polls close at 8:00 p.m. eastern. still to come, with news that an fbi agent who was part of the clinton e-mail and mueller probe has an anti-trump bias. the president tweeted his fbi is in tatters. what harm will this do reputati? and al franken steps down from the senate, but i think his speech left his foot in the door. i'll explain. okay folks! let's get the lady of the house back on her feet. and help her feel more strength and energy in just two weeks. yaaay! the complete balanced nutrition of ensure with 9 grams of protein and 26 vitamins and minerals. ensure. always be you. you or joints. something for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. 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yeah. happens to more people than you think. try lactaid, it's real milk, without that annoying lactose. mmm. good right? yeah. lactaid. it's the milk that doesn't mess with you. ♪ spread a little love today ♪ spread a little love my-y way ♪ ♪ spread a little something to remember ♪ philadelphia cream cheese. made with fresh milk and real cream makes your recipes their holiday favourites. the holidays are made with philly. i am announcing that in the coming weeks i will be resigning as a member of the united states senate. >> in the coming weeks. that was one of just many aspects of senator al franken's resignation speech that struck me as unusual. if you listen carefully, he kept his foot ever so slightly wedged in the door. in fact, if instead, senator franken had been making a speech an announcing he was staying and fighting instead of stepping down, he would have had to changes one sentence in the speech. no admission. no c no contrition. if you had done something egregio egregious, you head for the door immediately. that is what trent franks did yesterday. that is not what al franken did yesterday. he was trying to thread the needle of resisting the charges and not antagonize further. franken's hand was forced by female colleagues led by kristen gillibrand who had their eyes on tuesday's special senate election in alabama and wanted to establish the moral high ground by ridding washington of conyers and franken before alabama voters cast judgment on roy moore. franken walked the plank. maybe he had his fingers and toes crossed. he never admitted wrongdoing. he anticipated an duopportunityo defend himself before the senate committee sgrch committee. >> some of the allegations are si simply not true. others i remember differently. i said at the outset the ethics committee is the right venue for the allegations to be heard and investigated and evaluated on their merits. that i was prepared to cooperate fully and that i was confident in the outcome. >> don't misunderstand. i am not saying that franken is staying. if he leaves in a week or a month, it won't diminish my observation. i say when he spoke on thursday, he sought to leave open the possibility after tuesday's vote there may be rethinking among his colleagues, perhaps with moore getting elected. where franken would say here's a guy against whom credible evidence exists he assaulted a 14-year-old and he is being seated and i have to pack my bags? joining me now who was with me yesterday morning and called my analysis crazy. minnesota public radio host kerry miller. i invited you to explain crazy. why do you think he said in a couple of weeks? >> you know, michael. when i hear you explain this, i think you are trying to have it all ways. you are saying don't get me wrong, i don't think he's staying. i'm not convinced he's leaving. i'm also going to say that somebody better tell minnesota governor mark dayton what's going on here if franken has fingers crossed. governor dayton is spending the weekend thinking about who will replace senator franken. so i think it is a done deal. i'm not sure why you're going around saying you think it is not a done deal. but everybody here in minnesota, at least the political leaders are proceeding as if it is a done deal. so i think if franken changes his mind on wednesday morning, it would be a complete shock and i don't think anybody is stressing that. >> i don't think he changes his mind. i think he has tried to leave the foot in the door so if there is a re -- look. he is leaving with a gun to his head which was set by female democratic colleagues in the senate. i don't think he is leaving of his own volition. this guy in the statement acknowledged no wrongdoing. and to the extent your governor is quickly going to make appointment known. i'll finish this thought. it is because your governor wants to slam that door should. your governor is not on board with franken. >> governor dayton is proceed g proceeding. he is taking franken at his word as most people are. you being the exception. governor dayton doesn't want to leave minnesota unrepresented in the senate. he is aware whoever he appoints needs a few weeks to get to washington and get prepared. everybody in the political class here in minnesota, i think, is acting like senator franken meant what he said. as i said to you yesterday on "new day" i take senator franken at his word. i hear what you are saying. his reluctance is obvious. it is clear that he does not want to be leaving and he feels in some ways maneuvered into leaving. he's a grown man. he got on the floor of the u.s. senate and made this decision and he expressed that decision. and i just simply think it's kind of absurd he will take i thought about this roy moore and i will not do it. >> i did not say that. that's not my theory. i would not be more crystal clear. >> what is it? i don't think so. i'm confused about what i'm hearing. okay. >> my question is this is a guy who wants to keep his job. let me ask you the first question i asked. why did he say i'll leave in a couple of weeks if it is not his angle to leave his foot in the door? why a couple of weeks? >> you are correct that congress member franks resigned and left. i think senator franken is going to wrap up his business in washington by the end of the year. i think that's the timeline he has given governor mark dayton to name somebody and have that person get prepared to step in. that's -- i don't think there is anything under lying the i'll do this in a couple weeks other than it is a timeline that allows a replacement to get settled and senator franken to pack up and leave washington. i don't hear anything. >> yesterday the guy in the house of representatives said he is resigning and did it the conventional way. i'm not saying nefarious. no acknowledgment of wrongdoing in a couple of weeks. in combination with tuesday's election and the way in which he was forced to walk the plank, my analysis is he would like to stay and he is hoping there will be requests made to do so. i appreciate your point of view even if i disagree. thank you. good to see what you are saying about this facebook and twitter. from facebook, michael, you are correct. really? i'm not crazy? and i think it is genius of franken to do it this way. the only thing that makes sense. why should franken leave if moore gets seated? nathalie, that is what is going through his mind. no other explanation. franks, leaving the house of representatives, what did he do? i'm out of here. gone like the wind. that's not what senator franken did. i'm not endorsing it. i'm analyzing it. he would like to stay. he feels he is forced out the door. maneuvered to quote my guest. up ahead. what harm comes when the fbi reputation is set up to a political divide? after the agent who led the investigation into hillary clinton's private e-mail server and had been the lead investigator in the mueller probe? >> this is a rigged system. this is a sick system from the inside. th elec y. ♪ this is a power plant. this is tim barckholtz. that's me! this is something he is researching at exxonmobil: using fuel cells to capture carbon emissions at power plants. this is the potential. reducing co2 emissions by up to 90%... while also producing more power. this could be big. energy lives here. nahelps protect eyesin blue from damaging blue light, filtering it out to help you continue enjoying your screens. or... you could just put your phones down and talk to each other. 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the mere threat of there being a federal bureau of investigation has quelled unrest and restored order. those days may be over. this week, we learned troubling fact about peter struck who was the investigator in the hillary clinton e-mail server. he always changed the wording in james comey's criticism of the e-mail from grossly negligent to careless. that cost president trump to tweet about the struck story suggesting both the flynn and clinton investigations been tainted by buy yiabias. quote, after the clinton investigation and moore running the fbi. its reputation in tatters. fear not. and another, anti-trump fbi agent. t it all starts to make sense. the inspector general is conducting an investigation the handling of the fbi clinton case. will the struck conduct harm the investigation? we have tom fuentes. tom spent years in the fbi. he was a member of interpol's senior committee. tom, i know you worried about the image of the fbi and harm that might be done in all of this to its reputation. explain. >> michael. when the president puts out a tweet referring to the reputation of the fbi tatters, that is not just bad for the reputation. when he puts out a tweet about a movie star, that is inn okocuou. during my time running the crime program the last five years in the bureau with the international program and on the executive committee of interpol. i saw firsthand, the reputation helped in serious cases with terrorism or organized crime or financial crimes because people trusted the fbi. they trusted it to be honest. they trusted it to be thorough and efficient and effective. you mentioned unrest. that is true. ferguson, baltimore, charlotte. rioting going on. when buildings are set on fire and police officers are barraged with rocks and bottles. what quells the riot in the community is the knowledge the fbi is open to civil rights vehicl investigations and on the way to investigate what started from normally a police officer involved shooting of a member of the minority community. the fbi has the highest regard from the members of the american public and worldwide from partners that help us everywhere on all of these cases. not just terrorism, but other major criminal events. >> okay. i totally get that. i understand based on your analysis how the president's criticism of the fbi may impact the grand nature of the fbi mission. but that criticism applies, i imagine, to fbi agent struck. by texting a paramore in credit criticism of president trump, that blows the investigation to some extent. >> absolutely. fooz do i think the same of the thing is the fbi is taking the blame. where i think the blame lies is with comey and his staff around him. the deputy director should have recused himself when his wife took hundreds of thousands of dollars for her democratic political campaign in the state of virginia. struck should not have been involved with the investigation. if he was, not being expressing any public opinions like this that he was anti-trump or pro hillary clinton or any type of bias. we don't want bias investigators. the bias has not affected many investigations. they are conducted with integrity and honesty and thoroughness. it makes no difference which party is in power. ten years ago, we had the fbi basically taking on scooter libby working for the vice president of the united states while the republicans were in power during the bush administration. this fbi, i had questions the fbi is pro republican. they put republicans in prison. they convicted scooter libby. convicted several other lobbyists. these investigators are not conducted with buy craias. they are conducted strongly. this situation where bias is shown, it should be dealt with. on the other side, the director rey testimony, he was asked about what is going on with the clinton case and what happened with asian struck pagent struck conducting interviews. that's true. that's again the circle right around director comey. that is where the responsibility, i think, lies. he asked questions about why did special counsel mueller pick this person or that person. those questions belong directed at comey or director mueller. and they are all the subject of ig -- during the clinton e-mail investigations. those are the subject of inspector general investigations which the fbi and part of the justice have no control over. the fbi would like those investigations conducted quickly and make the recommendations of discipline if it is appropriate. director wray said he would in those cases. they need to be handled and handled quickly. again, you can go back to other cases where there were serious allegations made against an fbi agent who acted inappropriately. that person went to jail or fired or disciplined. i'm not covering for the fbi or struck. >> tom, i don't think he covered for anybody. i hope wanted the no bs analysis. tom fuentes, thank you. >> thank you, michael. >> let me check in on facebook and twitter. any agency can be compromised by a few. jay, nobody here defending not tom and not yours truly. an fbi agent involved in an investigation criticizing to mistress the subject of the probe. that is outrageous. i get tom's worry about the harm of the fbi that could flow from all of this. it will come back to haunt us. one more quickly. smerconish, the fact that trump would throw our fbi under the bus shows his guilt, but also that he is unpatriotic. sophia, if you are a snitch, you feel you are safe in the hands of the fbi. comments of the reputation in tatters. that doesn't help us as americans. by the same token, an fbi agent who speaks out of turn during an investigation, needs to go. still to come, you can tweet me thoughts in advance on this one. with the revelations that so many famed creative people are accused of sexual misconduct, should we never again watch or enjoy their work? and there was a lot of outrage over acquittal of the undocumented immigrant that killed kate sign lee. i'm about to talk 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(phone hangs up) ♪ ♪ yeah i love you too. ♪ ♪ you saw what happened with beautiful kate steinle. this guy said he didn't know it was a gun. oh, he didn't know. that was a total miscarriage of justice. >> so that was the president just last night. is he right that the acquittal in the kate steinle case was a miscarriage of justice? on the surface, it sounds outrageous. jose garcia, an undocumented immigrant deported fives times, caused the gun to be fired and the bullet killed kate steinle. walking nearby with her father. the jury exonerated him of murder charges leading to outcry from the president and many on the right. what about the jury box? my next guest says they made the right call given the case it was presented. the mechanical engineer earned a ph.d. from stanford. he wrote the piece for political co-. i saw the trial up close. the jury did not botch it. phil, you did not vote. you saw the evidence. you heard the jury instructions and you chatted with your colleagues when it was all over. true? >> true. >> let me take you through some of the aspects of the case. first of all, we hear this guy was deported five times. that's not what this was about. that wasn't in the purview of the jury? >> we were told by the judge at the beginning of the trial immigration was not at issue. it not come up as evidence during the five weeks. >> she was killed by a ricochet. what does that tell us? >> i think that says something about the state of mind of the defendant. it was a very bad ricochet. it hit the ground 12 feet and traveled another 78 feet to kate steinle. that is good evidence he did not intend to kill her or anyone. >> was the gun his? >> no. >> somehow did he then happen upon that weapon and what is your conclusion as to how the critical events transpired? >> the defense claimed he found the weapon on the pier wrapped in fabric. picked it up out of curiosity and accidentally caused it to fire. o i'm not sure what i think. we don't have enough evidence to know what happened. we have a presumption of independenc innocence. we have to go with the evidence that is in favor of the defendant in that case. >> he was charged with first-degree murder and lesser charge which included offenses of second-degree murder and involuntary manslaughter. let's focus on the murder charges. why did the jury believe the criteria was not met? >> the murder charges requires inte intent. it must be deliberate. for second, he must have had malice of forethought. doing something extremely dangerous or intended to kill. because of the ricochet and few other pieces of evidence and general lack of evidence that showed his state of mind, including direct witnesses of him holding the gun or shooting the gun, it is hard to prove beyond a reasonable doubt. >> lacking intent. the jury could not conclude on the murder charges. of course, the manslaughter conviction was not successful either. why not? >> i think that is surprising to many people. manslaughter does seem like appropriate charge for the case. the jury was unable to convict on manslaughter because the prosecution chose to include the crime of brandishing a weapon and requirement for that charge they had to choose some crime committed during the act to cause death. no evidence of brandishing was presented. i don't know how the jury could have found him guilty beyond a reasonable doubt. not being able to convict on the manslaughter charge. >> what are you describing in the aggregate is the methodical process where the jurors went through as they are supposed to do and charged with doing each of the elements of the crimes with which this guy was charged and seeing whether they're met. they were not met with murder because there was no intent offered. now with regard to manslaughter, you are saying during closing arguments, you hear brandishing for the first time and that is not an element of manslaughter. >> that is right. the jury's job is not to do what they think is right. it is according to law as given to them. they made the right call. >> so final comment. you know, this gets cast in the oh, the folks in of san francisco. all those liberals, they let this guy walk and he murdered kate steinle. it sounds outrageous. your response? my response is i hope anyone in the country would have acted the way the jurors did. they acted well in setting aside the preconceived notions and voted in the rules of the law with the way the case was presented. >> and phil, i recommend what people read what you published politico. i'll tweet it out in the break. it lay it is out in more time. thank you so much for being here. >> thank you for having me. >> let's check in on facebook and twitter. it is not easy. you get jury notice. they fulfill their responsibility and outsiders glom on and say you blew it. deeba. he should have tried forema for manslaughter. they did not meet the element of crime committed in the act that caused the death by saying that crime was brandishing. i looked at this and came to the same conclusion. the way it was prosecuted is subject to criticism. you don't hear anybody say that. you know why? that is not a good sound bite. up next, tweet me your thoughts. now we're having though global conversation about sexual harassment and assault. is it okay for us to enjoy the work of those accused? 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in other words can we as consumers continue to enjoy the fruits of the labor of those who are now under a cloud of suspicion? i know these questions are not new ones. we've lived through troubling news over people like michael jackson, woody allen. the famed portrait of picasso is notorious. it has the potential to stanlt a pretty wide spectrum of our artistic endeavor. i find myself wrestling with so many questions. can i still enjoy "transparent" when we're not so sure about the accusations of jeffrey tambor. am i damned if i want to listen to an old bill o'reilly show or c.k.'s standup. if we say these people should no longer be allowed to work in their respective fields, would we be hypocritical to still enjoy their past work without any twinch of conscience, and this list keeps on getting longer and longer. can i still watch "entourage" reruns, "prairie home companion?" what about the pixar movies, weinstein movies. people in the public eye tend to be larger than life by the definition but when we hear the sordid details, what does it mean with our past relationships to their work. i'm having trouble making up my mind. i polled people on my sear yis xn webb site. as a consumer should you approve them, should you no longer watch and listen to their past work. still listening and watching? 68% no longer listening or watching. 32% or that's what they say. your thoughts welcome. we'll keep this conversation going on my facebook pain. quickly hit me with one or two if you can. how can you watch a performance objectively without thinking of that perp's actions. buck, you might be thinking of it but still watching. i'll see you next week. it's ver... sfx: (balloon squeals) ok can we... sfx: (balloon squeals) i'm being so serious right now... i really want to know how your coffee is. it's... sfx: (balloon squeals) hahahaha, i had a 2nd balloon goodbye! oof, that milk in your coffee was messing with you, wasn't it? yeah. happens to more people than you think. try lactaid, it's real milk, without that annoying lactose. mmm. good right? yeah. lactaid. it's the milk that doesn't mess with you. you or joints. something for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. what's going on? 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flynn supposedly has agreed to cooperate with the mueller investigation and meanwhile president trump taking aim at comey and the fbi on twitter following friday's bombshell news but senator lindsay game saying it might be best for mr. trump to say mum during the investigation. >> oh,, i think comey needs to answer questions as his time as director and i think he made some decisions that were really very very strong. i would just say this as president there's an ongoing criminal investigation and comey may be part of it and the tweet ing comment regarding ongoing criminal investigations. >> and we saw garrett at the white house where he files this report and has more. good evening. >> the white house is now facing a number of new questions regarding michael flynn and allegations of who knew what around after the election in the days before and the days after, along with the early days of the administration. several of these new questions though are of the white house's own making. yesterday president trump posted this tweet in which he said he fired general flynn because he lied to the vice president and the fbi. now, to some that appeared to be an admission that the president knew flynn had lied to the fbi at the time of his firing and then later still asked former fbi director james comey to go easy on him. that could be construed as obstruction of justice. now, the president's personal attorney john dowd tells us he was in fact the one who drafted that tweet then posted by white house social media director dan scavino, who described it as a sloppy paraphrasing of the events and added that i'm out of the tweeting business i did not mean to break news. the point of that tweet was entirely correct if just very sad i don't know why the guy, michael flynn, lied. he didn't need to. now, while the white house is trying to downplay any impact michael flynn's cooperation with special council robert mueller's investigation may have senate democrats are saying there could be a whole lot more to come after this. >> this president has been obsessed with this investigation always saying there's nothing there but each week another shoe drops where we see more evidence of continuing outreach from russians and some response from the trump campaign, or trump individuals. >> now, we're also learning more about the fbi agent who was fired from special council robert mueller's team this past summer after sending text messages to a colleague that were anti-trump or text messages is how they are being described. that agent peter strock is a former director for the fbi and worked on a number of highly political investigations including the one of hillary clinton's news of a private e-mail server. fox news learned the justice department' office of inspector general is reviewing his role in that investigation as well as that in the russia/trump probe and the trump dossier to see what his role is and to see how his personal political views had any impact on those investigations if they did. now we've also learned that the department of justice has know reached out to house speaker paul ryan to arrange for strock as well as two other fbi agents to testify before congressional investigators down the road. eric? >> eric: garrett we'll hear the protesters out in lafayette park and later on in a newscast we will look at the tweet with judy miller and she will also tell us what jared kushner was up to today so stick around for that. garrett thank you. >> you got it. >> eric, we go to tax reform now and with the house and senate now having passed their own bills, the next big step on capitol hill comes in about 24 hours when the house votes on taking its bill to a conference committee with the senate to iron out differences and send one final piece of legislation to the president. >> if something small happens in conference and it gets us across the finish line we'll look at a case-by-case basis but i don't think you'll see any significant change in our position on the corporate taxes. >> if it's good policy it will be permanent and bad policy it will be temporary. >> live in washington the next step is a conference committee tell us more. >> sure that's the usual procedure, arthel. each body has to vote on the same bill before it could be sent to the president so they could come up with a compromised bill or listen to this possibility. they could skip it, and one chamber could vote on the other 's version. that's what one senator thinks might happen. >> i'd give it 50/50 there's no conference. i think there's a chance because i don't think either side wants to take the house or the senate wants to bring this back to the floor. the house just may take the senate bill and send it to the president. >> we haven't talked about that much but it's a real possibility they need to coming to on the individual mandate, whether to make the personal tax cuts permanent and whether we should have four tax brackets or seven. the house could most likely pass a bill ditching the individual mandate requirement pretty easy but they would also have to make tax cuts to fit senate rules that say it has to be a revenue neutral bill after a decade. deficit hawks might like that but it might be a hard sell to constituents to say businesses get permanent cuts yours go away arthel? >> arthel: the question is still out there will the bill add to the deficit or not? >> carolyn: well democrats point to the joint committee on taxation which says it will add a trillion dollars to the deficit over the next 10 years even after adding in estimated economic growth but republicans say that low balls the amount of growth sparked by the cuts. here is some of both sides today >> as somebody whose been passionate to not adding to our already $20 trillion in debt this bill i believe allowed over $2 trillion to the debt even with whatever growth comes from these tax cuts. >> we are in a global competition. we must win that competition which means that our tax code must be competitive with the rest of the world. when that happens, american companies will turn out more profits more revenue to the government and we will be able to deal with our national debt. >> the president has given them a deadline of christmas. >> arthel: okay thank you very much. eric? >> eric: meanwhile, only nine days until the alabama special senate election to fill the seat vacated by attorney general jeff sessions and republican candidate roy moore while today, he voted reporters while out campaigning and continuing as you know to deny the sexual assault allegations and several women from years ago but a new washington post poll shows moore is neck and neck with democratic doug jones and this as senate majority leader mitch mcconnell who recently called for moore to dropout of the race, well he raised the prospect that the senate could act on moore if elected and mcconnell appeared this morning on abc's this week. >> i'm going to let the people of alabama make the call. my job is to be the majority leader of the senate and we have jurisdiction over these matters when there is a senator accused of some wrongdoing. >> and brian yennis has been following these developments. >> brian: well look at democrat doug jones said today december 12 is when the rubber meets the road and jones has been hosting a ton of events to try to take this newfound take advantage of the newfound momentum and yesterday he was in selma, an important site of the civil rights movement and this afternoon he hosted a fish fry in tuscaloosa and jones continues to call out moore for avoiding reporters and large campaign events instead opting for smaller enthusiastic audiences at evan gel it call churches. >> he's been an embarrassment ever since he's been elected. good grief he's been removed from office twice and kicked out of office and now we see all of the accusations that have come out from brave women finally getting their voice to be able to stand up and speak out and those are credible voices and those voices are far more credible than the denials that roy moore had and people need to take that into account and see what kind of alabama, what we are teaching our children. >> meantime moore attended the guiding light church outside of birmingham today and of african american church with a pastor that made it clear he's pro-life and anti-gay marriage and moore spoke for a few minutes but he continues to concentrate on churches and most rule parts of alabama to rally his base. alabama by the way is receiving robocalls with the voice of lara trump encouraging them to go to president trump's rally in nearby pensacola, florida being held just four days before the election. the call does not mention roy moore, but no doubt a chance to give moore a boost on friday, moore said he's frustrated. the establishment has kept trump from supporting him more. >> the reason they keep him from me for various reasons. a lot of people keep me from him and wrongfully, i think, i haven't had a chance, except on one occasion, to speak to president trump. one is they've got a system i call it the washington establishment which doesn't want to change. >> the latest washington post poll this week of likely alabama voters shows doug jones has a slight lead 50-47% over judge moore. this is close and within the margin of error of four and a half points and the poll also shows alabama voters are divided over whether or not they believe the sexual abuse allegations against moore while 35% believe the allegations, 37% say they are unsure or have no opinion, 28% say they do not believe the women's allegations. we shall see on december 12. eric? >> eric: down to the wire brian arthel? >> arthel: accusations of sexual harassment continue on capitol hill but where veteran news anchors were quickly fired over the allegations against them, not so with politicians. democrats calling on congressman john conyers of michigan to design but he's refusing to step down saying the democratic senator al franken and nevada democratic congressman ruben kee win who also faces allegations of sexual harassment ellison barber in washington with more. >> reporter: arthel in the past week two new accusers have come forward but so far none of the lawmakers accused of sexual harassment or misconduct have lost their jobs on capitol hill or in the case of republican candidate roy moore they're shot at a future job on capitol hill. majority leader mitch mcconnell previously called on moore to dropout of the race today he said alabama voters will decide. >> a lot of discussion about it they are going to make the decision a week from tuesday. the ethics committee will have to consider the matters that have been litigated in the campaign, should that particular candidate win. >> reporter: with allegations of sexual harassment or misconduct came out against some in the private sector many lost their jobs. the same cannot be said for these lawmakers, but all are accused of some form of sexual harassment. key win of making unwanted advances on a former campaign staffer, franken of groping five women and conyers of harassing former staffers and settling a former staffer's sexual harassment claim with 84,000 taxpayer dollars and in the case of farent the money came from a fund managed by the office of compliance. we know that all total since 1995 there have been 26 claims paid. we know that the total is 17 million. how that breaks out with different types of complaints and settlements we do not know. >> reporter: that fund is now the focus of bipartisan legislation with the goal to end it and name any lawmaker whose used it that 63 co-sponsors as of this morning arthel? >> arthel: ellison barber thank you. >> there's still more sexual misconduct claims this time in the world of classical music. the new york metropolitan opera opening an investigation into long time conductor james levine , he's accused of sexually abusing a minor three decades ago. his accuser whose age made that report we're told to local authorities in illinois last year. they knew about it last year and has been relying on further investigation by the police. >> arthel: a community in mourn ing as the search for a three year old north carolina girl missing for nearly a week comes to a tragic end. the heartbreaking details up next. plus republican leaders in the house and senate tried to hammer out a single tax bill by years end. will they find common grounds and seal the deal? we'll take a closer look, next. >> i think if we can stimulate the economy, create more jobs, that does generate more revenue and i also got an iron clad commitment that we're not going to see because of medicare programs. when you've been making delicious natural cheese for over 100 years like kraft has, you learn a lot about what people want. honey, do we have like a super creamy cheese with taco spice already in it? oh, thanks. bon appe-cheese! okay... a heart attack doesn't or how healthy you look. no matter who you are, a heart attack can happen without warning. a bayer aspirin regimen can help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. bayer aspirin. >> well after a three year old north carolina girl went missing for nearly one week investigator s say her body has been found. marion woods mother reported her missing on monday. that prompted a massive search for the little girl. authorities say they found her body in pender county about 25 miles from her home in jacksonville. the mom's boyfriend now is in jail and he faces a number of charges including state police concealing a body and obstruction of justice. >> arthel: senate republicans taking a victory lap after passing a sweeping tax overhaul overnight friday, only one republican voted against it. tennessee senator bob corker and no democrats voted in favor. senate majority leader mitch mcconnell is saying most middle class americans will see a tax cut next year, even if that does not apply to everyone. >> well it's impossible to do that. you can't craft any bill that would guarantee no one was in a special category that might get a tax increase. what i can tell you is that every segment of taxpayers, every category of taxpayers on average gets significant relief. the average family of four, $2200 a year. >> arthel: joining me now is jeffrey kupfer, former executive director of george w. bush's panel on federal tax reform let's jump right here. thanks for being here so does the senate bill benefit the middle class now and in the future? >> hi, arthel. it's good to be here today. yes it actually does very much. when you look at where the benefits of the bill go and you look at every bracket that every income bracket you see significant relief in every one of the brackets. the thing that's really important to remember when you think about the tax code is that the top 1% of taxpayers in the united states pay 40% of all federal income taxes, the top 50 % of all of income pay the 97% of all federal taxes in the country and so when you look at absolute dollar amounts you're always going to have the higher income people getting higher dollar amounts in terms of tax breaks but when you look at the percentage tax relief that you get in every income class in the country, you do see significant percentage increases intake home pay. >> arthel: the corporate tax rate currently 35%, the senate bill will lower that rate to 20% how confident are you that a lower corporate tax rate will induce more jobs for average americans? >> well this is something that there's been bipartisan agreement on for decades now and even president obama had proposed reducing the corporate tax rate, so this is something that all economists basically agree upon. when you look at what's happened over the last few decades in 2003 the average worldwide corporate tax rate was 30% and since that time, the united states has gone in the opposite direction from every other country in the world. the average corporate tax rate now around the world is 25%. the u.s. statutory tax rate when you consider federal and state is up over 39% and so what this does is actually bring us below the average corporate tax rate around the world which will induce additional investment in the united states and will actually bring back a lot of investment that had gone overseas will not be coming back to the united states. >> arthel: any provisions in either bill that would prevent the house and senate bill to be reconciled or what about that notion that perhaps only one of them as is will go to the president's desk? >> well that's always a possibility but i think when you look at the bills and look at what actually is in both bills there's a lot of commonalities both of them reduce the corporate rate to 20% as you mentioned, both of them change the corporate tax code so that it's a territorial system rather than a current worldwide system which is what we have now where u.s. profits are taxed twice once overseas and then once when they come home. they change that so that we're in line with the rest of the world and on the individual side , both bills increase the standard deduction. they double it to 24,000 which is a great simplify indication for the vast majority of taxpayers and they all reduce the individual rates as well just by different percentages in different ways so lots of commonalities here. even if there is a conference it's a conference that can relatively easily be done and a bill that can get the votes in both chambers can emerge from that conference. >> arthel: so president trump promised the american people a simpler tax plan. do you think the final tax reform bill would deliver on that promise? >> well it depends who you are. for the vast majority of taxpayers who are individuals the answer is yes because the standard deduction will be raised and a lot of the under brush of the individual code will be cleared out making it easier for people to file their taxes. we spend over a hundred billion dollars a year on compliance with the individual tax code and so bringing that down just a little bit would be a great benefit for everyone. on some of the corporate side, especially as corporations and pass through businesses adjust to the new regime there will probably be additional complications but that's something they will be able to deal with. >> arthel: will it happen by christmas? yes or no? >> i'd say yes. >> arthel: okay we'll leave it there thank you for joining us see you again take care. >> thanks a lot. >> well arthel have you heard about this huge merger expected to shake up the healthcare industry? cvs reportedly buying aetna. what that could mean for investors and our prescriptions plus special council robert mueller's investigation could go now after michael flynn had his plea deal. >> we won't belong before we understand one way or the other what the trump people colluded to russia because i can't imagine it happening and flynn not know about it. when it comes to strong bones, are you on the right path? 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why wait? ask your doctor about prolia®. >> arthel: the former stanford swimmer convicted last year of sexual assault now demanding a new trial. his attorneys filed an appeal in court calling his conviction " fundamentally unfair." turner served three months in jail after he was convicted of sexually assaulting an unconscious woman at a frat party in 2017. he is in la with more on this story. hi, will. >> will: hi, arthel. turner's case sparked outrage across the country and really put a spotlight on sexual assault on college campuses. the former stanford student and champion swimmer was found guilty in march of 2016 and his attorneys now arguing that his trial was a detailed and lengthy set of lies. almost a third of their appeal focusing on how drunk the victim was the night of the assault, two grad students were biking past when they say they saw turn er on top of the unconscious woman and say that he took off when he saw them and they chased him down and held him until police arrived. turner faced 14 years in prison but was sentenced to just six months in a county jail and probation, a decision that many found to be far too lenient. the santa clara district attorney releasing a statement this weekend which reads brock turner received a fair trial and was justly convicted and his conviction will be up held nothing rollback the victim and the legacy of raising the word's awareness about sexual assault. the judge in this case, aaron pe rsky faced serious backlash since he sentenced turner including a recall effort and the judge tried to block that in court but on friday it was allowed to go forward so far the recall petition has 7 6,000 signatures and needs 90,000 to get on the ballot in june. the victim says she doesn't remember the assault but she did read a statement before persky handed down the sentence where she said that assault is not an accident. arthel? >> arthel: will car in los angeles thank you, will. eric? >> eric: president trump's personal attorney john dowd is taking responsibility tonight for trump tweet about the firing of general michael flynn. take a look at yesterday's tweet from the president's twitter feed that reads, "i had to fire general flynn because he lied to the vice president and the fbi. he has plead guilty to those lie s and it is a shame because his actions during the transition were lawful. there was nothing to hide! ". this has caused a lot of speculation from some including democratic california senator dianne feinstein but the president could possibly because of this be investigated by the senate judiciary committee for possible obstruction of justice. >> this means that what the attorney is saying is consistent between the president and the staff. the president knew he had lied to the fbi which means that when he talked to the fbi director and asked him effectively to drop this case, he knew that flynn had committed a federal crime, so to me, frankly it's more serious coming from the attorney than it would have been just coming directly from the president. >> now that questions the ranking democrat on the investigation. judy miller is now pulitzer prize winning author and fox news contributor. so judy what basis is there to investigate because of this tweet? john dowd says he did it and it was a paraphrase and i'm not a tweeter and it was a mistake and i'm out of the tweeting business >> well, all of the above is good, [laughter] because if he really wrote that tweet, he did not serve his client's interest very well, that is donald trump. first of all it didn't sound like mr. trump. i mean, donald trump has those of you who get up at 5 or 2:00 in the morning to read the tweet s, know he has a very distinctive sound and a very unusual unique way of expressing himself and this didn't sound like him. on the other hand, gosh maybe donald trump ought to get himself another lawyer more adept at tweeting because he certainly raised questions, profound questions about whether or not the president might have been obstructing justice. donald trump doesn't need that right now obviously, so yeah, it's very serious. >> there was no sad, bad-- >> no, exactly. >> that sort of thing and the president of course constantly said there is no collusion there was no collusion no evidence of collusion and a lot of focus is now on jared kushner his son-in-law and today, let's take a look, mr. kushner appeared at the forum in washington d.c. and he's a billionaire and also a democrat a big democrat donor, and a fascinating event because really for the first time we heard from jared's own lips about the trump administration, about serving in it, about their objectives and about middle east peace and he thinks there can be a peace deal. what do you think? >> well, i think the odds are against a peace deal and i just come back, eric from abu dabi, and that may be one of the few places on earth where president trump is really hugely popular. he is in saudi arabia, he is in egypt and he is in the uae, but even they, the people i talk to the officials i interviewed are very skeptical there can be a peace deal. one because the poll its indians are so split and two, as they wrote in the new york times yesterday, the government continues to do things to kind of exacerbate palestinian feelings of paranoia, and that there just doesn't seem to be grounds for a deal. on the other hand jared kushner said very interesting things like they were thinking big. they on one hand, they are listening and he told a joke. i mean if i were jared kushner i'd want to change the subject to a way from obstruction of justice and everything else but he said because we this team that's trying to put together the solution at least is the arab israeli problem is composed of three orthodox jews and a christian. we've done a lot of listening and that gotta long. >> it was a great moment because a real estate lawyer, a bankruptcy lawyer and he says there's no big mid east mecca, which is a yiddish word for my mid east big shot and also interesting at one point in this jared was reflecting on his life in washington d.c. and the story coming out about the administration an his father-in-law. listen to what he said. >> we don't let it bother us and we recognize that it's politics that's the sport of it and people will either agree or disagree with what you said or didn't say, but that's not what's real. what's real at the end of the day is what you accomplish the differences make the lives you impact and that's what we stay very focused on and look, d.c. is a different place. we never thought we would move out of new york but the kids are loving it here. the schools are great, and my wife and i feel like we've made a difference so far and there's a lot more impact that we have the ability to make. >> they seem pretty optimistic he said he will not be distracted by the bad stories and that he's continuing his mission. >> once again i'd say that too if i were jared kushner but its got to be tough because the focus now of the mueller commission and the inquiry is on him, everybody is looking to understand more about his role in this affair. he is the president's not only chief middle east negotiator but an advisor, a family member. it has to be hugely difficult, so yes, i would spend a lot of time thinking about middle east. i don't know what's more difficult handling washington politics or trying to find a solution to the arab israeli conflict. >> well he did say d.c. is a different place, as a long time new yorker. >> yeah. >> we know that. >> well, welcome to the world mr. kushner. >> judy good to see you. arthel? >> arthel: thanks guys i'm about to talk to to has to be one of the most athletic seniors in the world. orville rogers ran a 100 mile relay for his 100th birthday. how and why he did it, straight ahead. >> it's overwhelming. i'm so grateful, god has been so good to me, especially with family members. it's a small finger...a worm! like, a dagger? a tiny sword? bread...breadstick? a matchstick! a lamppost! coin slot! no? uhhh... 10 seconds. a stick! a walking stick! eiffel tower, mount kilimanjaro! (ding) time! sorry, it's a tandem bicycle. what? what?! as long as sloths are slow, you can count on geico saving folks money. fifteen minutes could save you fifteen percent or more on car insurance. >> well there's a blockbuster wall street deal in the works this sunday pharmacy giant cvs agreed to buy aetna insurance for about $69 billion. the deal we're told is expected to be announced later on tonight and it could shake up the entire healthcare industry by putting a large insurance company and a big pharma say chain together under one roof. cvs has nearly 10,000 pharmacies across the country and analysts say combining the two companies does make sense because aetna and other insurers have been under pressure to reduce costs while cvs has been facing increased competition from folks who for example, order online on amazon. arthel? >> arthel: eric not many people manage to live to see 100 but for his 100th birthday, orville rogers an avid runner for 50 years joined his family to run a combined, uh-huh, 100 miles. the dallas man is also a former world war ii pilot and author of the running man flying high for the glory of god as you can imagine his daughter is extreme ly proud. >> we're just amazed and i guess we shouldn't be amazed because he lives every day the same and so why not a hundred why not 110 >> arthel: why not indeed. joining us now mr. orville roger s nice to see you again how are you? >> i'm great. i'm glad to be with you once more. >> arthel: happy birthday again to you. what does it feel like having your family run alongside you to celebrate your 100th birthday which was last tuesday? >> it's incredible. we have a very close knit family and we try to get together every summer for vacation and this is just a bonus thrown in. all 31 of my family were here. >> arthel: and have you noticed if any of your grandchildren or great grandchildren got the running bug like you? >> a few, yes. one of my sons has four sons of his own and they all combine to run a marathon about two years ago in new orleans. i hope to be with them but i had a health problem and couldn't make it. >> arthel: but you've done a lot of running and you hold 13 world track records and you train every other day i understand and you run three times a week. yes. >> arthel: but here is the thing you didn't start returning until you were 50. what made you start? >> that's an interesting story. i read a book by dr. kenneth cooper and it inspired me so much i started running the next day. it was highly motivational and i run a little over 43,000 miles almost 43,000 miles. >> arthel: well you look wonderful, you sound great, seem s like you're feeling well from what i can tell. what's your advice to make it to 100? >> well, i really never expected to be a hundred but i'm very grateful to god that i'm here and i've tried to honor him but i live a good life. i have friends, i have good family, i eat well and i exercise and all that put together i guess contributed to my good health and long life. >> arthel: is there something that you no longer eat that maybe you used to eat? >> no, i just refined my diet a little bit. i try to eat less of fruit and vegetables particularly the ones that have a lot of colored pigment in them. they are very indicative of good foods. >> arthel: and i understand that an artist by the name of jacob dancliff out of san antonio designed your customized pair of nike running shoes for your 100th birthday. how do they feel when you ran in those shoes last tuesday on your birthday? >> they attracted a lot of attention. i'm very happy that he volunteer ed to do that. he did not charge me for those, but i'm very proud to show them off and i'll continue to run in them in the future. >> arthel: i have a description of them written down i'll share with our audience. apparently they feature your customized nike shoes, sneakers feature air force wings on the t oes, ou, which stands for oklahoma university where you graduated on one shoe on the tongue and with a hebrews scripture number on the other and of course, the number 100 on the right and left sides of the shoes towards the back. >> yes. >> arthel: fancy shoes i'd say. >> yes, they are. >> arthel: well how are you feeling right now and what are you looking forward to for the rest of your life, because it seems like it's endless. >> i joke and they say i know how to live as a hundred year old because i've never been here before, but actually, i'm looking forward to the indoor and outdoor national championship track meets this march and july. the march meeting is the indoor in landover, maryland and i hope to enter about five or six races there and there are no track records at all, so all i have to do is show up, suit up, start and finish. >> arthel: you got it and quickly what do you do when you're not running? do you have another hobby? >> i exercise a good bit. i have lots of good friends and we have good times together. i'm very active in my church here in dallas and i enjoy serving god there. >> arthel: absolutely mr. orvil le rogers we so much enjoy having you here. happy birthday and hears to many many more healthy and happy years. >> thank you thank you. >> mr. rogers a hundred years young just fantastic so people living in the gulf coast can perhaps breathe a bit of a sigh of relief after that brutal hurricane season finally came to an official end earlier this past week but you know they say it's not too soon of a possible next one. the u.s. army corps of engineers is proposing a plan to try and protect texas by building two giant moveable gates as storm surge barriers but as you can imagine that plan does not come cheap. douglas kennedy tells us more. >> living in this area, storm surge is a huge threat. >> aerial stemson lives right off galveston bay in texas where she was during hurricane harvey. >> so living out here there's really nowhere to go? >> no if you don't evacuate there's no way out. >> she took this drone video of homes and neighborhoods flooded. >> it was kind of a crazy panic feeling because there's water all around us. >> water all around, its become a regular occurrence for towns along galveston bay, which have been flooded multiple times over the past 20 years. >> the problem is here at the tip of galveston island, galveston bay is actually open and exposed right here to the gulf of mexico. >> meaning during a storm all the storm surge from the gulf makes its way into galveston bay and it doesn't just threaten the homes and neighborhoods. the bay actually funnels into the port of houston, endangering a major population center, as well as houston's oil and petrochemical infrastructure. >> water is hugely powerful force. >> some say houston has to move out of the way of that water. this man wants to move that water out of the way of houston. >> so your idea is to limit the amount of water here that can get into galveston bay during a storm event? >> absolutely and then causing significant impacts further up the gulf. >> colonel lars is the commander of the army corps of engineers in galveston and proposing building two giant moveable gates as storm surge barriers similar to ones in the netherlands that protect rotterd am port from the north sea. if approved congress the gates would be open for ship traffic but would close during big weather events like harvey. >> these are massive structures. >> actually they would be gigantic structures in the case of the structure being proposed here, it would be the largest navigation structure constructed in the world to date. >> the total cost would be $10 billion but to stimson, it would all be worth it. as long as you don't have to worry about water ever again? >> it's absolutely worth it in the end. it will cost a lot of money in the beginning but save a lot of lives. >> it's also going to save a lot of infrastructure on galveston bay, douglas kennedy fox news. >> arthel: the illegal immigrant acquitted of an american's death isn't out of the legal woods just yet. what is next for the man accused in the kate stinley case. that one daddy! it's beautiful. i'm the world's greatest douglas fir. i'm the perfect shape. i'm the perfect color. my scent- like making love to a lumberjack. but halfway home, my twine gets loose. and your cut-rate insurance might not pay for this. so get allstate. where you can save money and be better protected from mayhem like me. mayhem is everywhere. so get an allstate agent. are you in good hands? so how old do you want uhh, i was thinking around 70. alright, and before that? you mean after that? no, i'm talking before that. do you have things you want to do before you retire? oh yeah sure... ok, like what? but i thought we were supposed to be talking about investing for retirement? we're absolutely doing that. but there's no law you can't make the most of today. what do you want to do? i'd really like to run with the bulls. wow. yea. hope you're fast. i am. get a portfolio that works for you now and as your needs change. investment management services from td ameritrade. >> well tonight san francisco is still on defense as the sanctuary city that after the stunning verdict in the kate steinley murder trial last week. a california jury acquitted the illegal mexican immigrant of murder charges in her death and the fall out over his acquital has been swift and strong drawing criticism from across the nation. meanwhile, z arate may not be out of the legal woods quite yet claudia cowen has the details. >> acquitted of murder and assault charges illegal immigrant and seven time felon may find himself in criminal court again. >> we're looking at pursuing federal charges. >> charges that include felony illegal reentry which carries a sentence of 10 years. condemnation of the controversial verdict with swift president trump calling it disgraceful and of the defendant saying "his exxon recognition is a complete travesty of justice build the wallet. in fact the san francisco jury's never heard about the criminal history and based on the evidence presented decided kate steinley's death by a bullet was an accident. >> you think she's not interpret this verdict as diminishing their loss. it's not about that. the reality is we have we have 300 million guns in our society, you know 40 or 50 accidental shootings every day. somebody dies every day and this is just a tragedy what happened. >> but in san francisco where local law enforcement refused to cooperate with federal immigration authorities the fact remains if he had been deported as planned steinley would still be alive. the trump administration vowing it will not stop until stricter immigration laws are on the books. >> and then the no sanctuary for criminals about basically tells our major sanctuary cities that you're not getting federal funding. for now jose remains behind bars here at the san francisco county jail and he was convicted on a gun charge and will be sentenced next month, possibly up to three years but with time already served, he won't be here much longer. late this afternoon, the department of justice unsealed an outstanding arrest warrant for z arate, which means as soon as he's done here he will be turned over to federal authorities and possibly face more prison time. in san francisco, claudia cowen, fox news. >> arthel: special council robert mueller turns up the heat in the russia investigation as former national security advisor michael flynn pleads guilty to lying to the fbi. the latest on the fox report, just minutes away. no matter how the markets change... at t. rowe price... our disciplined approach remains. global markets may be uncertain... but you can feel confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence. (dyou're drew brees?! i'm sorry to bother you, but my car broke down and i'd really appreciate a ride to the stadium. yes! ...but, no, i have to stay here and wait for a package. i thought anybody who rooted for me would have fedex delivery manager. that way you can sign for your packages remotely and even customize your delivery time. (car alarm beeps) excuse me sir, could you take me to the stadium? sure! hop in. - thank you.- hope you like jazz fusion. (neighbor starts singing) sorry. customize your deliveries with fedex delivery manager. us. it's what this country is made of. but right now, our bond is fraying. how do we get back to "us"? the y fills the gaps. and bridges our divides. donate to your local y today. because where there's a y, there's an us. i'm ryan awith chantix.king everything i did circled around that cigarette. when i started taking the chantix that urge just slowly diminished and it was a great and empowering feeling. along with support, chantix (varenicline) is proven to help people quit smoking. chantix reduced my urge to smoke. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood, or suicidal thoughts or actions with chantix. serious side effects may include seizures, new or worse heart or blood vessel problems, sleepwalking or allergic and skin reactions which can be life-threatening. stop chantix and get help right away if you have any of these. tell your healthcare provider if you've had depression or other mental health problems. decrease alcohol use while taking chantix. use caution when driving or operating machinery. the most common side effect is nausea. i don't even think about cigarettes anymore. ask your doctor if chantix is right for you. many insurance plans cover chantix for a low or $0 copay. >> happy anniversary to the text message. >> that's right the first text message ever, it was sent 25 years ago today. it sure didn't look like this there it is the first text was typed on a computer done by a british engineer. >> eric do you know what back then you couldn't even reply. just receive the message. texting of course took off in the 90s and now, we send trillions of them across the globe. i love text messaging. >> eric: it's a way for people to get in touch with you. texting, phone calls, cell phone , e-mail. >> arthel: you don't have to reply. i heard it. i heard your little joke. >> eric: i tried. we'll be back next weekend, right? >> arthel: yes we will. rick leventhal up next with a fox report. >> the russia probe taking center stage after president trump's former national security advisor michael flynn pleads guilty to lying to the fbi about his contactings with the russian ambassador and now a presidential tweet is causing considerable concern. hello i'm rick leventhal. new controversy sparked by the president's twitter account, after the commander-in-chief may s what seems to be an admission, tweeting that he fired flynn because he lied to the fbi and the vice president. that marks a possible change in the timeline, that's raising red flags, leaving democrats to wonder when the president was made aware of flynn's false statements, and if he obstructed justice by acting then fbi director comey to go easy on the case as comey

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Transcripts For DW DW News - News 20180313

seventeen was the deadliest year so far for some of the most at risk civilians in syria children. and public anger over the mafia style killing of investigative journalist john jude c.x. threatens to topple the slovakian government or calls for snap elections us corruption allegations and golf the prime minister's office and our correspondent follows an e.u. teen sent to investigate. there's been a real crunch match in the german bund as lagos cologne were left bloodied and beaten by brave men in a relegation dogfight that may just have rocked the carnival club of their last chance to stay off the top flight when. i brought her warm old. the show britain has issued a midnight deadline for russia to explain why a deadly nerve agent produced only in russia was used in an assassination attempt western allies are voicing their support for the british demand the former russian spy sergei script all and his daughter remain in critical condition more than a week after being found unconscious in the city of salisbury. this is where as the prime minister puts it somebody attacked the u.k. authorities say the nerve agent was made in russia the question is who deployed it a rogue element or the russian state. mr speaker this attempted murder using a weapons grade nerve agent in a british town was not just a crime against the script house it was an indiscriminate and reckless act against the united kingdom putting the lives of innocent civilians at risk officially moscow says it has nothing to do with the incident a russian foreign ministry spokeswoman said made a statement was a circus show put on for parliament russian state t.v. went even further if the problem was crushing if you think about it the only ones who would benefit from the poisoning other british in order to defeat the russophobia that so are you are all software be. people in salzburg who are near where the attack took place have been told to wash their clothes the russian ambassador will be summoned to say whether his government was responsible refuse answer fails to allay suspicions that the kremlin was behind the attack with theresa may has promised a robust response although she did not say what that would be. let's bring in our correspondents now bagot mohsin london and emily share one in moscow good morning to both of you bag if we could start with you why is britain so very certain that russia was behind the poisoning of sergei script ball and his daughter . well prime minister mays said the drug has produced this military grade nerve agent in the past and she says it's either the russian state itself that's responsible or it is could be a rogue agency is basically the russian state has lost control over these very dangerous substance so both scenarios make in her eyes in the eyes of the british government russia responsible they also took several days to find out about it and had the best military agency in the country for several days analyzing the substance of the very so that russia is behind it and really the clock is ticking right now for russia the kremlin has until midnight tonight to deliver a full explanation what's the kremlin saying so far well there was almost an immediate reaction yesterday. from the kremlin after trees made a speech the foreign ministry's spokes person might be as the heart of a call her speech to parliament a circus she also said that this was all part of an information campaign against russia which she described as fairy tale so rather a strong reaction there from the foreign ministry and earlier kremlin spokesman did meet because of course also strongly denied russian involvement he said that he pointed out that this it all happened on british soil with someone working for the british secret services so russia is strongly denying all this at the moment you know begged we just heard the response there from from russia now maybe must decide very quickly what her next moves are what are her options in light of what the crumbs. well the reason may has given the kremlin time as emily said till tonight to explain what happened and otherwise she will lay out her next step tomorrow wednesday in the house of commons now she has if you if you options she can for example expel the russian ambassador this is something that happened after alexander litvinenko was killed another former russian spy who was killed on british sold russian diplomats were expelled so this is an option there's also talk about the so-called magnitsky act which would mean asset freezes visa freezes so sanctions basically targeted against russian officials who are deemed to be involved in this case theresa may will try and not do everything by has self she will try and do this together with allies together with the e.u. and also with nato. and way we just heard about the left and yank ok so this is not the first time that russia is being linked to the death of former agents in britain as. no that's true there and there are strong parallels to the case of alex on that he was killed in two thousand and six and british investigators found that the russian government was most likely behind that assassination as they call it which the kremlin though has always strongly denied now it's interesting that yesterday the foreign ministry spokes person who i mentioned before money has a the heart of a she also mentioned that case and she said you know it's strange that the british investigators haven't gotten to the bottom of of the death of various russian citizens on british soil including so it seems here that russia is kind of using its usual strategy which is to absolutely deny all the accusations and also to kind of undermine the investigation under undermine the evidence in this case they also said that no one has asked them to help with the investigation and they also have been framing all sorts of accusations against russia as part of a western anti russian campaign so it seems that they're following their usual playbook there and also that russia is likely to keep denying these accusations big astri's may looks for answers from russia she's also looking for support from britain's friends and allies what does she want to see there. well britain is going to leave the e.u. but the reason why has made clear that she is in this case the relying on her european allies she has spoken to him on a call from france also she's been talking to to the u.s. to secretary of state rice to listen and very have assured that support know how far this is going to go they're going to look before and sanctions and supports to reason they are on the biggest maybe on a u.n. scale that seems to be that we have to we have to see about that but certainly reason may is trying to get some support and as far as we know that she she has got some support also by nato secretary general but he's also said that nato takes this issue very seriously since reason may is already on the case and drumming up the support there good mosque for us in london emily sure will in moscow thanks very much to both of you for all of that now for some of the other stories making news at this hour mexican prosecutors of rest are man who allegedly played a role key role in the kidnapping and murder of more than forty student teachers in two thousand and fourteen authorities have put in eighty thousand euro bounty on his head the murders took the country by surprise and plugged the government into crisis over its handling of the case new york's metropolitan opera has fired its longtime conductor james levine after an internal inquiry found what it called credible evidence of sexually abusive conduct it opened the investigation in december after four men accused levine of abusing them decades ago but he denies the accusations he was regarded as the best conductor in the united states. argentina's park authority has released dramatic pictures of the collapse of an ice bridge to countries. you know glacier the phenomenon takes place around once every four years it attracts thousands of tourists the glacier in the patagonia region is a unesco world heritage site. well the united states has warned it is ready to act in syria if needed to end chemical attacks and in human suffering is a push for a new thirty day ceasefire in eastern guta u.s. ambassador nikki haley told the u.n. security council that the ceasefire approved two weeks ago has failed and circulated a new draft resolution calling for a thirty day truce in the rebel enclave these people say the world has abandoned them like many others in eastern guta they're living underground the conditions a dire but they have nowhere else to go. all are living in fear of the next attack the schoolteacher also from eastern guta illustrates the challenges people are facing. thinking. about are. the people of this. health left because it's no longer. outside the violence shows no sign of abating the rebels but also civilians and children are still being targeted by syrian government forces the ceasefire agreed by the un security council last month has failed the u.s. says it knows who is responsible. today we know that the russians does not keep their commitment. today we see their actions don't match those commitments as bombs continue dropping on the children of eastern go to the u.s. also says it's prepared to act if russia does not commit to a new cease fire but moscow says it's fighting terrorism and is within its rights going to diminish the syrian military is ongoing counterterrorism operation is not in contradiction with the un resolutions the government of syria has every right to try to remove the threat to the safety of its citizens. another from this causing concern in the town of afrin in the northwest of the country thousands of people have started to flee turkish forces and their allies troll christ as part of that effort to clear the area of kurdish forces. for more on the situation let's bring in fran a crease of the unicef representative in syria he joins us from the town of pterosaur in the east of syria good morning to you thanks for being with us today we just heard about the increasing threat in afrin as turkish troops there tighten their grip on the city of just how much are civilians and children at risk in africa and good morning thank you for having me in the. b.m.x. to get the children i'm not seeing as you mentioned that are so elite and deal enough you've got concern about the situation of. the children being q.r.p. main but also about the situation of it would it. be and there is no. relation even new face forward and what that what he says ok now the united states has indicated that it is prepared to act in eastern duty if there is no ceasefire one that holds is blaming russia for that what are the u.s.'s concerns for that area. in anything. oh you know for you know so we're very concerned about. it that people that children are just money they get back and it involves being. spacemen out of course in the children to be kill out of course and their children to be main articles and children. but it's a mental issue that we have to stop immediately so we asked all the parties that they. apply to a situation of hostilities the yellow around to get access to all the children and all the families and the people and deeper meet everybody to move should be which ok now you're going to zation unicef has raised the issue of child soldiers in syria there's been concerns that islamic state for example might be trying to raise an army of child soldiers how widespread is the doctor nation and no one terry training of children in syria showed this is a very concerning issue. last report of a particular unit out informant that all depart this in conflict in syria and it went to. all parts of conflict how do you see children children even at the age of twelve or thirteen yes paula not only support activities but also in combat. you can find some of the enabling and the checkpoints or some of any points it's a way to spread. feeling is that he's going out we don't see everything and so we can ask to all the parties to make clear that those have to be released doctors are not children for the kind of the day for being sick and weak and any any other group or any other forces and they have to. be very treatment to incorporate into let's say you can. say unicef representative in syria thank you so very much for joining us tonight. pressure will get hard here now in from deal maker to deal breaker you could say u.s. president trump vetoes a massive tech takeover again that's true burna for imposing steel on terrorists rather and steal an elementary em u.s. president donald trump a stop the proposed mega acquisition of u.s. chip maker qualcomm by singapore based broadcom again citing national security concerns trump's order came despite broad comes insurance's that it would move to the united states by april or is about china's potential influence and rising u.s. protectionist sentiment hung over the takeover bid from the start the deal would have been worth one hundred seventeen billion dollars well president on the drums import tariffs are quite unpopular with u.s. trading partners around the world that's hardly surprising but there is one corner of the us from where you hear nothing but praise for trump all u.s. correspondent alison of phenomena hopped into a japanese rental car and drove the three hundred fifty miles from washington to the home of u.s. steel industry the u.s. state of pennsylvania to find out why people that she or he import barriers even though it might also hurt other industries in the u.s. . well the steel service center of a family business owned by chris pagani the company sells supply riots still tailor made for customers and their. products that will soon cost more because of presidents from imports. in the short term and they're going to create higher prices as higher prices of it. transferred down to my customers just right down the line. like many others chris is concerned about rising prices and they put ten a show steel shot at it and still he's convinced president trump made the right decision but i'm happy that it's going to happen yeah absolutely it's going to boost domestic production and it will put people to work in this area. i think two plants already are slated to come back online and that's not bad you know so i'm happy that it it's happened in the long run chris began he grew up in this region that used to be the heart of the american steel industry people here still hold that for additional sas and in fact one in seven of the nation's steel workers still live in this region one of them is called so rich as the president of the local union don't the united steel workers union in west midlands has been calling for tariffs on foreign steel for decades he's dream came true when he was invited to the white house and i says well you guys are going to be lined up behind a president and. i care and no way i'm going to be standing behind the president maybe outside of the white officer stop but. so they put it together and they put a plan together and it happened and what they saw i was so excited i was in awe you know what i mean what a what a great author i was so humble. scott doesn't believe that the tariffs will necessarily lead to a trade war and eventually harm other industries in the u.s. if you buy a car and you buy an appliance india buy it and it's a consumer knowing that it's going to go up a couple dollars or still pennies a palm and maybe it will be up on your or stops on a car knowing that it will stimulate the economy is for's in our area you know it create jobs and it stores up positive who could argue that fact so i say it's wall street propaganda that's what i say and steel workers in pennsylvania do not expect miracles but they say they are grateful that at last someone in washington has taken up their concerns and is trying to save their industry. european steel ship to the u.s. will eventually on the same exemptions state business canada and australia that's according to the vice president of the european commission funston a month he is hopeful costly to attack trade dispute with key customer usa cumbia votes to the months made the comment at a gathering of european steel executives in the german town of dealing in the home of one of germany's being still produces well concerns over the potential tariffs have been mounting. steel has been dealing ins life blood for over three hundred years here over five thousand people are employed by the steel mill that dillinger . and many are worried about their jobs american tariffs would have real world consequences here in sa and that mills parent company to the first components to u.s. manufacturers like the automotive industry. is doing is a huge mistake with his tariffs dillinger exports a lot to the u.s. troops going to have second thoughts about all of this being. it's not ok you can't make any progress with him diplomatically it requires drastic measures you have to do to him what he's doing to us then we'll get a better deal. economic reprisals are on the agenda as industry managers politicians and employee representatives discuss the future of the european steel industry but the president of the european commission says they are a tool of last resort and hopes to find common ground with the us. we want to make sure tariffs aren't put in place we want things to stay the way they are there's no reason to introduce tariffs that's our position the people here argue trumps tariffs shouldn't target e.u. produced steel which they say is high quality and few other countries can supply. the message from politicians industry leaders and workers here in delhi and was very clear we produce the best steel in the world and we do it in line with international routes but despite the confidence they know it's hard to argue with donald trump over policy. coming out of brussels the european union stating that europe would not give in to what it calls trade bullies our correspondent has caught up with the french economics minister who had all the. minister you are very concerned about a potential trade war with the u.s. what do you say the e.u. has the necessary leverage the determination to avoid such a scenario yes i'm deeply convinced that we have as european the leverage and i think also the determination to own to the last decision of the president trump we have to do our best to avoid any kind of trade war between the u.s. and the e.u. because it would lead nowhere and it would make only loses but we have to or think about our response to the decisions of president trump i think that there are a set of on susan responses on the table the first one is to have countermeasures to explain to the united states that we're ready to take the same kind of decisions to answer to a decision of the trend and we also have to think about the answer and of homework of the w.g. all of the g. twenty so it's a longer term negotiation you are looking at not shortly slapping tariffs on your u.s. products you're right because you know if you want to be respected if you want to be lessened by american in nutrition we have we european countries to be strong we have to be united and we have to abide by our common and by common values we believe in muti to terrorism we are all the view that's protectionism is not the right on search through the difficulties that we have with the overcapacity in steer and we have to explain that very clearly to our american friends including by taking the necessary measures to respond to do the last decision of the transom. thank you very much and thank you thanks mr. our correspondent go into the french economics minister and that's business news it's back to brian we have this is now a former member of the nazi s.s. it became known as the bookkeeper of auschwitz as died at the age of ninety six in two thousand and fifteen auster governing was sentenced to four years in prison for being to the murder of thousands of people at the auschwitz concentration camp he came to public attention years earlier for his efforts to persuade holocaust deniers that they were wrong burning didn't personally participate in the holocaust but counted the money taken from those arriving at the camp he died before he could begin this sentence the fashion designer in other news who bear the given. who many saw as the very essence of french style has died at the age of ninety one he was recognized for his elegant designs especially for those he created for audrey hepburn and some of the most famous films. dishes on she's seen here gracing the catwalk at the end of his last fashion show in one thousand nine hundred ninety five was part of an elite group of french fashion designers. to master the games and it's timely she designs he was an expert tailor and had an eye for perfect line. she ran she came from an artistic critic background and his family had high hopes he would become a lawyer. however the pull of fashion design saw him moved to paris at the age of seventeen he founded the house of she's on she in the french capital in one thousand nine hundred fifty two and the rest as we say is history. the man himself famously pioneered the ready to wear the top black dress. designed audrey had burns iconic outfits in the one nine hundred sixty one film breakfast at tiffany's and he collaborated with her throughout her career. he had an a list client base for decades jackie kennedy wore one of his designs to the funeral of her then husband u.s. president john f. kennedy in one nine hundred sixty three. in a statements the house of schieffer on she described its founder as a gentleman who symbolized parisians chic and elegance for more than half a century. this is still to come on the show to get reporters murder sparked some of the biggest protest slovakia has ever seen the government under pressure to clean up corruption and the e.u. investigates that's up to. the ranks of russian multi-millionaires keep on growing and their. shy about showing off but what's happening with those left behind the next report in our russia vote series looks at the widening gap between russia and for. the leaders of germany's biggest political parties sign on the dotted line and bring an end to almost six months of political uncertainty we'll see what's ahead for the new grand coalition government. but don't forget you can always get interviews on the go download from google player from the apple store gives you access while the latest news from around the world as well as push notifications for breaking news you can also use it up to some dos photos and videos. we're back after a short. time. ago. so i'm going to sleep like. a set for glad later close on the closeness of the game as well as their hopes for climbing a. nail biter for. the tri-state for this team scoring strength from the very last. sixty minutes. g.w. true diversity. where the world of science is at home in many languages. on issues. our innovations magazine for in. the classroom every week and always looking to the. future fund t w dot com for science and research for. earth. home two means of species. a home worth saving and. those are big changes and most start with small steps global ideas tell stories of creative people and innovative projects around the world. ideas that protect the climate boost green energy solutions and reforestation. results of people you can not protect the push to create interactive content teaching the next generation about environmental protection. using all channels available to inspire people to take action and we're determined to build something here for the next generation. global us the multimedia environment series on t.w. . go backwards interview news live from berlin our top stories right now britain says russia hasn't told the end of tuesday to explain why a deadly nerve agent produced only russia was used in an assassination attempt. western allies are voicing their support for the british demand moscow's denying the allegations that it was involved. the u.s. has stepped up pressure on syria and russia over the siege of eastern. u.s. ambassador nikki haley told the u.n. security council the u.s. was ready to act if needed as a push for a new thirty day cease fire. or here in germany the new government is preparing to take office after the country's main political parties signed a much anticipated coalition agreement this document sets out the program agreed between conservatives and social democrats the ceremony marks the end of long and difficult negotiations party leaders and their agenda would address the concerns of germans who feel left behind. it took them six months to finally agree on this coalition all three party leaders made it clear today that they want the government to last the full term the signed agreement is one hundred seventy seven pages long one hundred seventy seven pages of political policies for germany. the hierarchy in the new government is clear the leading figure is still on the american following a long run up to the new government's formation she promises things will now continue at a good clip. i think everyone feels that it's finally time to start working a new start for europe a new dynamic for germany new cohesion for our country this is what we have set out to accomplish for the s.p.d. social issues and development are especially important the social democrats struggled for a long time with the question of their participation in a new grand coalition. few to go around the coalition in germany this did not start as a love match but. the cd see a series and s.p.d. although they are and will remain fundamentally different parties will still be able to work constructively together and probably. the third coalition partner the bavarian c.s.u. calls this a grand coalition for the common people. the key words job security with the promise of full time employment a basic pension pension credits for stay at home parents and stabilization of pension levels. the opposition parties describe the coalition agreement in negative terms protesting the future government's program. that once when there are major gaps in this coalition agreement especially when it comes to future challengers above all. climate protection does not feature in it. mrs merkel has once again been able to use money as a lubricant to build up a coalition a coalition that refuses to sit in the clear course for the renewal of this country on this do it because i mean if there's one central idea in this coalition agreement then it spend money increase the powers of the state decrease free to make this could actually be the title of this coalition. on wednesday the point is taught will take the final hurdle to forming a government on the america wants to be elected chancellor for the fourth time. their choice is almost certain and then the new government will be up and running at least that's what the chancellor promised. is to slovakia now where public anger over the murder of an investigative journalist and his say is threatening to topple the government young to siac in this fiance were found shot dead at their home near broad slava last month could see acts last unfinished story was about the italian mafia and its ties to slovakian politicians now this murder has triggered a wave of protests across the country mounting pressure on slovakian prime minister robert feed so on monday his interior minister resigned and e.u. lawmakers will be discussing the political crisis in the european parliament's for the very latest let's go now to brussels and our correspondent barbara vai's all barbara just how concerned is the e.u. about the mounting political crisis in slovakia right now. particularly shocked and concerned of course about the murder of the uncouth because this was the second murder cold blooded killing of a journalist in the middle of europe within a few months we remember that something similar happened in october in malta and then we see almost a mirror on mirapex or in the case of soka where investigative journalists have uncovered as you said. of the highest government circles to organized crime in this case to one of the big crime families in italy the gaita and so we cease development that the european union had not been aware off and that it is now trying to grip and peed sort of further further things that could be slidin european values that everybody in brussels said really need to be maintained ok this is very important of course maintaining european values now you've just come back from brother slava where the murders took place what are some of your impressions it is a country in uproar that's the overall impression and we could company in the merging see delegation that the european parliament had said on it sent on effect finding mission to broths love to fight find out what are the backgrounds and what is happening there. in this host the journalist. and his partner martina with home. neighbors come every day to light candles they are still shocked about what happened in the quiet village effect finding mission from the european parliament has also arrived to pay their respects this is really the moment where you realize this is what it's about . you know to to to work on a world where things like this don't happen it cannot go without punishment but how much political will is there to find the murderers and the people who ordered the cold blooded execution of quick check and again the same government that is facing more and more allegations of corruption lead into seclusion the e.u. parliamentarians brought their questions to prime minister robert feed so but were evidently not convinced by his response there are so many allegations of corruption and fraud and criminal activity going around i mean there's so much smoke there's clearly fire that we can see that a lot of people are also very nervous and the country is clearly divided this. civil society is taking to the streets this weekend saw the biggest demonstration in the history of the country the protesters shouted out loud was feed so and shame shame the government of their ward off criminals and so we don't want to accept it anymore. basically changed the situations going on here that put up with these them it's time they crossed the red line. in the newsroom of actuality where young could seek work many of the journalists are still afraid and don't want to be filmed much interchange a close friend of the week to share his diffuse but still wants to speak up we didn't ever expect something like this to happen in year two thousand and eighteen you member state. i think it changes the whole way you think about your work your ass and. pretty much everything in life if something like this happens. while the e.u. delegation and brought islam is trying to piece together the story of the murder new allegations of corruption are mooching increasing the pressure on the government president under a keystone has come to help from brussels he has emerged as the main political player to question the prime minister and his allies. that if any member of the e.u. finally has an issue there are other members which would like to help and i hope that all questions would be answer very clearly and openly. kiska has called for new elections and for the government to resign the interior minister has not been forced to step down and he may not be the last to get the president clearly wants more he wants a complete changing of the guards in but. barbara you know there are a lot of unanswered questions here and so far no one has been charged everyone's denying any connections to the mafia and we heard the journalist saying there that everything's changed for how journalists work in this country or slovakian reporters can the government ride this out does it think it can just hope that this is all going to go away. robert seats of the prime minister is really fighting like a man obsessed for his life here and we see sort of his his movements and use really trying to sort of cling to power but on the other hand it seems that things are sliding fast now because the public anger is really strong and the positive thing in all this if i may say so is that very strong civil society is emerging in slovakia people don't want to take this. government has really crossed the red line now you saw the interior minister had to step down because allegations of corrections are coming so thick and fast that you can hardly follow what they're about but the basic pattern is that the the government has their hands in the till in their fingers in the till abusing and taking public money and putting it into their own into their own pockets and so we see it we also have now a vote of no confidence demanded and parliament the junior coalition partner. for reforming of the government so really seem to be slighting and developing fossum slovakia barbara has done pretty well economically since joined the european union but but. little progress on fighting corruption. that seems to be one of the patterns that you see in some particularly eastern european states but also of course we saw the very similar pattern and malta countries are economically successful everybody says oh fine things are going well but the other side is that you always have to watch the development of state institutions the independence of the judiciary the police and there have been these have been sincerely undermined for instance in slovakia so what the rypien union is learning painfully from this case is that you can't take your eye off the ball you really have to watch the political development of countries and you can't just say oh everybody sort of makes enough money things are fine if you want to keep the european union together and keep this sort of community of values of democracy you just have to do much more work than they have done in brussels so far barbara vessel following the story for us today in brussels thanks very much barbara well this sunday more than one hundred million russians will be voting in the polls in a presidential election lattimer putin is expected to glide to a comfortable when extending your rule his presidency though has seen the gulf wide between the country's rich and poor from billionaire oligarchs to impoverished world. part two in our series russia votes looks at the winners and losers under president putin. on the outskirts of the central russian city of berg a house is in a state of extreme disrepair. the roof is in danger of collapsing on to. the bathroom in the apartment above us is falling apart don't touch anything you come down on our heads. what happens when the state turns a blind eye to poor housing conditions. just look at those roofs there's mold everywhere the building belonged to a state owned company that went out of business and no one has taken responsibility for the place. we're doing all the repairs ourselves no matter what falls apart even if the plumbing bursts we'll pool our money and look for someone in the area who can fix it the authorities are lifting a finger. nearly two thousand kilometers away the contrast couldn't be greater for the last few years the russian capital has been a showcase for billions of euros worth of investment in renovation anyone with a well paying job in moscow can enjoy a life of luxury. maria who works in the russian parliament says she owes her success to president putin. president i'm grateful to the president that i have a job and that my parents are employed i'm proud of my country and its history. and that's why i fact president putin for helping russia reclaim a leading role on the world stage. back in. daria darn her neighbors have a very different take on russia's leadership they have since found out that their building was constructed illegally and has never been renovated. us now we're really afraid. when our foreign sleep i think to myself hopefully i'll wake up on this floor and not in the neighbor's apartment below. i won't vote for putin is just playing to his own people. all the time life is getting worse and. make all their decisions about us we've lost hope. but people. in moscow hope things will stay the same business as usual her just fine. the more i hope that over the next six years the president will accomplish everything he set out to do maybe he'll work hard the main thing is that he builds on the principles he laid out at the beginning. of the footfall diamonds at the door she. is among the many winners in. anyone who has the means lives in a kind of comfort bubble and they don't hesitate to show off their lavish lifestyles on social media. the number of russian multi-millionaires has risen sharply in the past year. and the department store at red square is the epicenter of their consumerism its proud display of opulence is the symbol of everything provincial life is not. away from the glittering facade on the other side of russia there's not much interest in the vote. citizens don't trust in the state to do anything on their behalf. good. luck given to the authorities send us back and forth what i've tried to get an appointment with the mayor or the governor but no luck. we see them with mothers grandmothers and children on t.v. all the time but we can't get a minute with that when you are at least not. in this country full of contradictions the only thing that seems to count in this election is the promise of stability and the fear that russia could turn backward on itself. meanwhile the gap between rich and poor is growing steadily wider. although vladimir putin is all but guaranteed another six years in office seven other candidates are also running why even bother our moscow bureau chief put that question to boris titov he's a fifty seven year old businessman who's challenging by recruiting for russia's top job. but mr tito you were an entrepreneur then you became the russian president commission and to put their stripes now you want to be president yourself what. would be. president putin has the best chance of winning but with i'm running to show that there are other groups out there who have a different point of view to those who support putin's politics. i'm clearly a human rights advocate who's been the president's camp. but i've also taken on the task of creating a more liberal society. more concretely about your goal of making society more liberal what exactly do you not to like. team of experts have done a lot to stabilize russia. and after the chaos of the ninety's it's been good for the country but it only works. when they were dropped and we had no alternative to make money. by contrast our model is competitive and market oriented. people from our small businesses who. are using this election campaign to promote your idea but you yourself don't want to be the president. but it's my candidacy is a chance to prove that our economic strategy is the right one. and that we can influence the political power brokers in this country i. think they'll see it. they weren't going to the left back toward soviet economics. because if it doesn't go up again but we only have two choices. a planned economy like in soviet times we can move the country forward the. biggest. he has been bought you say you don't want to be president at all what kind of election is this if candidates who want to be president ah bart and to those who are allowed to don't want to be president at all he says that democracy. can do that there's only one candidate who's been able to convince the people that he's the one who can maintain order and be a strong leader at home and on the world stage and the people will vote for him. more stuff of course no one will dispute it. and all the other candidates have to be realistic. at the same time we have to do all we can to get our points over with because that was a problem that should never take part in the election. when you're watching selection of only has a strange understanding of the law. he says the constitution is on his side. but the issue here is purely a political one. he's missing makes these elections incomplete with almost anything he would have got many votes his target demographic is too small. to have a studio correctly you are against him not being able to take part. from a political standpoint anyone who represents a group in society should have the right to be a candidate and run against everyone else. do you feel sorry for him or you. might think he's a strong and courageous man but i have absolutely no sympathy for him. he chose his own party strong but i don't think he has any fear. politician. he doesn't have any good ideas he has a list of populist slogans and nothing else. what he's done very well is to communicate his ideas. to the people. he's very modern a politician who understands technology but. the process you organize across the country is proof of that but never only as a complete politician i have my doubts. back to your ideas you say you are no politician but even so you are a presidential candidate so you must have an opinion on key issues in russian public for example is the crimea question which of course also affects of the economy as the sanctions were applied after the cranium unification as it's known here and russia or the illegal annexation as it's called in the west should this status of crimea remain as it is. my opinion is the same as it's always been from day one when crimea returned to russia and all stick by crimea belongs to us. now the situation there is frozen we can talk about creating a special economic zone to ease tensions about crimea has no place in international politics the former baltic states. countries became independent again. also become ukrainian again. or will never belong to ukraine there might be other solutions to the conflict but not that one. on march eighteenth at eight pm most of the polling stations i think closed at the situation is pretty clear what's your prognosis who. will win i don't know what the result will be our target is to get more than five percent clear that hurdle will be very satisfied. by the. presidential candidates thank you for the interview. talking there too did abuse your ear shadow and new of course can find more interviews with putin's challengers throughout this week right here on. the bonus league is monday night's game between braman and cologne was a fierce battle to escape the relegation zone anything but defeat for cologne would have lifted them off the bottom spot of the table for the first time since september but they faced a side that had only lost once in their last six games. used to getting their nose bloodied on the road but against fellow relegation strugglers braman it proved particularly painful. opened the scoring in the thirty third minute as bitch calmly slaughtered after a corner. cologne responded in the second half as former braman strike a club g.o.p. sorrow set up. for the equaliser. but the parity didn't last long as january signing. restored brakeman's lead. battled on but to no avail in the ninety minutes. made it three one for the final score. the hosts moved closer to safety in thirteen place. chances of avoiding relegation and now finish than ever. escape your modern out of our top stories at this hour britain says russia has until midnight tuesday to explain why a deadly nerve agent produced only in russia was used in the fascination attempt western allies are voicing their support for the british demand moscow's denying allegations that it was involved. the united states has stepped up its pressure on syria and russia over the seizure of eastern ghouta u.s. ambassador nikki haley told the u.n. security council the united states from france to act if needed as a push for a new thirty day cease fire. but don't forget you can always get the news on the go download or opera google play from the store and i can see you access to the latest news from around the world as well as the push notifications for breaking news and you can also use that to send us photos and videos. and this is the live from berlin i'm brian thomas for the entire. news team thanks so much for being with us we're back again at the top of the hour hope to see the a commitment the economy. the law. the east coast. the law. the law. the a. mob. the with the. law the law the law. the be. the easy. going to. come. to. the booming column going to sleep the books of semiramis mystics as well as to come from a mix of nailbiter from each about twice a day from the same story thanks very much mixer. mean w. . biden dortmund leipzig the biggest favorite seems all the best goals we've got all the action. is the home of judgment but ball shared experience every match if someone does league of the weekend cheer on t.w. . we make up oh but we watch as of half of the fund of hedge funds we are the seventy seven percent. want to shape the continent's future to. be part of enjoying african youngsters of testing share their stories their dreams and their challenges. to the seventy seven percent. platform for sure you. wouldn't be fighting for the case to take you seriously in the world of war here's what's coming up. top of. the film superhero on a mission that's an attempt to smart women smart drugs smart strange alleging piercing by no means missed out on a brain creasing dangerous stuff. made from. they make a commitment. they find solutions. they inspire or. africa on the roof. stories of both people making a difference shaping their nation. and the continent of africa on the move stories about motivational change makers taking their destinies into their own hands w.'s new multimedia series food. d.w. dot com africa on the move. this is did a good news live from her lead and attempted assassination in britain using a nerve agent produced only by roger blonde and sets a midnight deadline for answers the british prime minister says it was highly likely the kremlin was behind the poison attack against a former russian spy also coming up. civilians in eastern do it up under pressure from syrian troops as the u.s. says it is prepared to act to help and we talk with unicef which says twenty seventeen was the deadliest years.

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Transcripts For KNTV NBC Nightly News With Lester Holt 20180503

al roker is tracking it. new police body cam from the las vegas massacre. for the first time, see what deputies encountered when they breached the sniper's nest and skipping college with tuition rising and student loan debt soaring, even other students are saying it's not worth it. ♪ >> announcer: this is "nbc nightly news" with lester holt. good evening and thank you for being here. it was a horrifying scene in savannah, georgia today as a four-engine military plane fell from the sky exploding on a busy highway into a ball of flame and smokes. cameras capturing the final seconds just after take off. there were nine people aboard the puerto rico c-130. gabe gutierrez has late details tonight from the scene. >> reporter: this surveillance video captured the moments the plane plummeted to the ground. >> it went flat on its back and down to the ground, boom. >> everything was no slow motion. it disappeared behind tree line, saw it goes nose down and the explosion came up, fire ball. knew something was real but still didn't seem real. >> reporter: the fiery crash could be seen for miles. thick black smoke billowing near savannah, georgia's airport. the wreckage scattered across a highway. >> there were no cars hit in this crash. it is an absolute miracle. at that time of day and that intersection. >> the c-130 hurcules plane took off around 11:30 this morning bound for arizona. eyewitnesss say its nose shot up after take off before it came crashing down. james levine says his car was just 25 yards away. >> felt like it was stalling out and started free falling backwards and crashed in the middle of 21. it was like a huge ball of fire and huge explosion. >> reporter: it's been a particularly deadly period for military aviation in the first week of april here in the united states, three crashes left seven people dead. tonight, investigators are trying to find out what caused this crash, but so far, few answers. the county coroner tells nbc news so far at least two bodies have been recovered. the puerto rican air national guard says the plane is decommissioned and had been undergoing maintenance and repairs here for the past month. lester? >> all right. gabe gutierrez tonight, thank you. a lot of new developments in the she down of president trump and special counsel robert mueller. again, ty come is out and a new heavy hitter that acted as bill clinton's impeachment lawyer is in. it comes amid signs the trump team is shifting tactics preparing for a battle and confrontation for a subpoena. hallie jackson has new details tonight. >> reporter: tonight signs of a more aggressive chapter in the president's fight with the special counsel. he's losing a lawyer, ty cobb who is taking a more conciliatory tone. >> cooperation is the tone. and definitely the path that would lead to the quickest resolution. >> reporter: and the president is adding another attorney emit flood that represented bill clinton during the impeachment. his hiring showing the hiring may rely on executive privilege which could shut down certain questions for robert mueller. the scope of that interview is still being negotiated with rudy giuliani who still represents the president explaining what they want on fox news. >> two hours. >> and topics? >> questions that advanced, relevant topics and we want to commit for them they will decide before the end of the summer so we don't have this drag on. >> reporter: so what happens if both sides cannot come to an agreement? mueller might try to force the president to talk by issuing a subpoena, any president can be subpoenaed, jefferson, nixon and clinton all were, but it would up to the president whether to comply or not. he would have four options to consider. option one, testify and answer questions like the president said he would be willing to do last summer. >> 100%. >> reporter: option two, plead the fifth and answer no questions. a maneuver he's blasted before. >> the mob takes the fifth. if you're innocent, why are you taking the fifth amendment? >> reporter: option three, fight the subpoena that would open up a legal battle that could go to the supreme court and option four, ignore the subpoena that would put the president in uncharted territory. >> the likelihood of some kind of subpoena coming into play is becoming more and more real. >> reporter: it's not just the legal component. there is also a political piece of this that comes into play if the president does say, decide to fight a subpoena, he may face political fallout, especially with the midterms just around the corner. lester? >> hallie jackson, thanks. you raise a lot. so let's bring in our justice correspondent pete williams. pete, let's game this out for a second. we could be entering as we heard, uncharted territory. what happens if mueller issues a subpoena and the president refuses or ignores it? >> mueller could compel him and if he still ignores it, he could be held in contempt of court and fined, though that seems very far fetched. or the president could try to fight the subpoena in court. that's what president nixon tried to do, and failed when he tried to shield the white house tapes by claiming executive privilege. the supreme court said that claim must yield to a demonstrated specific need for evidence in a pending criminal case. and then 23 years later, the supreme court ruled that president clinton was not immune from sexual harassment lawsuit filed by paula jones. the ruling said the president is subject to court orders in appropriate circumstances. now that was a civil case but the court said the need for evidence in a criminal case is even greater. so nobody can be sure how this would turn out but that doesn't seem like there is much reason for the white house to be optimistic it would win such a fight, lester. >> thanks for breaking it down. a scare aboard a southwest airlines flight two weeks after the midair explosion pierced through the window on a plane, killing a passenger who was partially sucked outside the aircraft. this time it was a sudden crack in a window that led pilots to divert the flight. we get details from nbc's ron mott. >> reporter: the new mid-air scare happening this morning on southwest flight 957 from chicago to newark. frightened passengers took pictures, a cracked window from top to bottom, although it didn't completely break, leaving the cabin fully pressurized. >> i was two seats away. >> sounded like somebody stood up and opened the overhead and slammed it shut. >> reporter: the plane diverted to cleveland and no injuries. >> i think everybody is thinking oh, my god, this happened again. >> reporter: cracked windows are rare. the aviation knows of 26 incidents in the history of the boeing 737. there are multiple layers of window layers of window pane as a safety precaution. >> as the aircraft expands and contracts through pressurization, the window is working constantly. if there is a crack, it could cause the window to fail. >> reporter: today's incident follows a deadly southwest flight two weeks ago. a mother of two died after an engine failed sending shrapnel through a window partially sucking her out of the plane. her husband talking to nbc news. >> she'll be with us forever and everything we do as a family will be based on jennifer. >> reporter: southwest says there were no indications of engine problems on today's flight that the aircraft has been taken out of service for maintenance review. though the flight was not declared an emergency, for some too close for comfort. ron mott, nbc news, cleveland. it's right about that time of year and tonight millions are on alert across the midwest and planes bracing for severe storms and a major threat of tornados like this one that touched down in bennington, kansas last night. an ef-3 with 140-mile-per-hour winds that left damaged homes and buildings. al roker is keeping an eye on it for us. i go out of town and weather spikes. >> with a vengeance. we're looking at rough weather up and down from the gulf all the way up into the midwest. a line of severe thunderstorm watches and tornado watches from texas all the way to illinois and indiana. and we're starting to see tornado warnings pop up now. we have an area of moderate risk to enhanced risk to slight risk for 25 million people from texas on into illinois and as this system goes east, at this time the threat from the midwest to southern planes. for tomorrow, 37 million people at risk in the planes and midwest, scattered storms make their way into the northeast with heavy rain and also strong storms and as you mentioned, lester, summer is here. forget about spring. temperatures in the eastern two thirds of the country, 10 to 20 degrees above average. new york city tieing a record and setting records in baltimore and parts of new england. where you are, lester, not so much. >> yeah, remind me. thank you, al roker, with friends in the plaza, thanks. tonight, federal health a officials say that e. coli outbreak involving romaine lettuce turned deadly. the cdc says the fatality happen in california as that outbreak spreads to 25 states sickening at least 121 people and of those people sickened, some of those people hospitalized with kidney failure. health officials continue to emphasize do not eat any romaine lettuce unless you're sure it did not come from the yuma, arizona region. now to new developments in the worst mass shooting in modern american history. they released body cam video showing us for the first time deputies storming the hotel room of the shooter who killed 58 people at a concert below. nbc news national correspondent miguel almaguer has the story and a warning, this video is disturbing. [ gunshots ]. >> reporter: tonight, for the first time, the view from two officers who cleared stephen paddock's mandalay bay hotel room. the lead officer's body camera was never turned on. deputies breaching the sniper's nest after paddock took his own life. the suite on the 32nd floor, an arsenal filled with weapons and ammunition. this is where paddock murdered 58 during a music festival, the deadliest mass shooting in u.s. history. >> we believe the release of the graphic footage will further traumatize a wounded community. for that, we apologize. >> reporter: during the ten minutes of terror, paddock injured hundreds. many today still suffering. >> the kind of trama that's going to come from watching released footage would be trama that i could choose myself to watch or as the trama i experienced, i did not get the choice. >> reporter: releasing body camera footage from officers on the ground, surveillance tape of paddock before the shooting and now six months later, the moments after he took his own life. tonight, despite all the evidence, still no motive. miguel almaguer, nbc news. police say there is a public safety danger spreading across the country. paint ball wars are increasingly moving out of the field and into the streets, in some cases escalating into real gun violence with tragic consequences. nbc's stephanie gosk has the story. >> reporter: paint ball guns are meant to be harmless but police in cities around the country say a surge of paint ball fights are terrorizing their residents. in greensboro, north carolina. >> to date, we've seen about 44 incidents of a paint ball activity in the city. just in the month of april. >> reporter: in milwaukee, 65 reports of people being hit with paint balls in the last week. >> it's unsuspecting citizens who don't know what's going on. >> reporter: rapper 21 savage is credited with starting the trend. posting videos of paint ball guns and calling for paint balls up, guns down. some describe it as an anti violence campaign. >> better than somebody out here fighting and shooting, yeah, why not? >> reporter: in at least two incidents according to officials, the paint ball battles triggered deadly shootings. in greensboro a 19-year-old was killed with real bullets during what police say started as a paint ball fight. and outside atlanta, police say 15-year-old christopher collins fired an actual gun in retaliation during a paint ball attack. killing a 3-year-old in his mother's car. >> when i turned the corner, my baby kept crying. >> reporter: the toddler's mother says savage, a personal friend of the family paid for the funeral and doesn't blame him for the violence. a publicist did not return a request for comment. police in multiple cities warn that what may have started with good intentions, has backfired. stephanie gosk, nbc news, new york. still ahead, is a four-year college degree really worth it these days? why a growing number of experts say the answer may be no. also the two men at the center of the starbucks arrest outrage agree to settle with the city. what they wanted instead of money for themselves. back now as we approach graduation season, this is an education trend growing in popularity among young people that want to gear their education toward a specific career, but for some, a traditional four-year college isn't what they want or need, particularly with the rising cost of tuition. nbc's rehema ellis takes a look at a college alternative. >> reporter: raylee sounds like a natural for college. a's in honors classes and high marks on college awards but this 17-year-old says she's better suited for something else. a two-year technical program to become a diesel mechanic. >> people did try to push me towards a four-year school. >> and you said? >> not for me. >> reporter: her passion is fixing old cars. >> i like puzzles and figuring out where the pieces fit and taking things apart and figuring out how they work. >> reporter: while a college degree has obvious advantages, as costs keep rising, many experts are now advising some students to think hard if a four-year degree is right for them. why? 40% of those who enroll fail to graduate in six years. 30% end up in jobs that don't require a bachelor's and 28% with a two-year degree earn more than the average college graduate. in jobs like computer programming and airplane mechanics. >> these are good jobs, about half of our labor market is jobs like this. skilled jobs and many pay quite well. >> reporter: disappointed at first, but raylee's mother says not anymore. >> i would rather have her do something she enjoys and won't get tired of and be happy with her life. >> reporter: raylee nickelson has a large degree of confidence. >> i don't want to sit in another classroom for four years. i want to be out working. >> reporter: she's on the right track. rehema ellis, nbc news, pennsylvania. there is more to come tonight including taking the boy out of the boy scouts. a big change for the american institution. and after tragedy in the sky, united airlines is changing its rules about flying with pets. we'll be right back. an update tonight after a video that sparked a nationwide firestorm. those two black men who were arrested without ordering anything at starbucks and refused to leave settled with the city and company. they received a symbolic $1 each from the city and a promise from city officials to set up a $200,000 program for young entrepreneurs. the amount of the settlement with starbucks was not disclosed. the company did reveal the men will be given the opportunity to complete their bachelors degree online with tuition covered by starbucks partnership with arizona state university. big change for the boy scouts as it prepares to welcome girls into the ranks. the boy scout's program, the one for 11 to 17 year olds will be known as scouts bsa. so far more than 3,000 girls joined. the parent organization will still be called the boy scouts of america and the program for kindergartners through fifth graders will still be known as cub scouts. united airlines is changing its pet policy. united will resume transporting dogs and cats in the cargo holds after a temporary suspension, but starting june 18th, it's banning more than two dozen breeds like various types of bulldogs, pugs and mastiffs citing, quote, higher adverse health risks. the change comes after a dog died in the united overhead compartment in march. we'll take a short break and up next, back in the saddle. horses rescued from disaster return to help the kids who love them. elementary school. and the big question is -- how young is too young to learn about sex? plus, 5 near misses at sfo in the last 16 months. we investigate the changes made to keep you save. finally tonight, it was one of the most striking images from last year's california fires. horses fleeing as ranches were engulfed in flames. some were specially trained therapy horses and now months later, they are back doing what they do best. here is joe fryer. >> reporter: every sunday justin's playground is a ranch and his play pal is a horse named miles. what's your connection with miles? >> he's showing me how to be a good person. >> you want to go around one more time? >> reporter: it's part of a equestrian therapy program called let's ride. >> we came one time and i was completely hooked, as was he. >> reporter: mom lisa says the horses helped justin with adhd calming him and helping him focus. >> it absolutely does a lot for his confidence. >> reporter: when you see that? >> it makes me happy and i know we're until the right place. >> reporter: ann mariner created the program to empower not just people, but the horses. you see, they have been rescued, too. take miles who was abandoned and tied up in a parking lot. >> good boy. people break them and we fix them or try to. >> reporter: last december they had to be rescued again from wildfires as flames whipped across southern california, horses across the region were evacuated quickly. >> it just made me sad because this ranch really means a lot to me. >> reporter: justin soon learned that the therapy horses were safely moved to a nearby college. they survived and so did the ranch. >> i'm happy it's still here. >> reporter: which means his sunday tradition rides on. joe fryer, nbc news, california. >> and that is "nightly news" for this wednesday night. i'm lester holt. i think i'm going to go heat up some chicken soup. for all of us at nbc news, thank you for watching and good night: good evening and thanks for joining us. i )m jessica aguirre. and i the news at 6:00 starts now. good evening and thanks for joining us. i'm jessica aguirre. >> and i'm raj mathai. it is not a new debate, what and when to teach our kids about sex but it is new in fremont and dividing the community. >> robert handa joins us tonight at the school board meeting and a lot of parents and some very angry, robert? >> reporter: that is right. emotions are running high at this meeting. to determine the direction of sex education in this community. for example, they are collecting comments about the new curriculum which presents scenarios such as dealing with pregnancy and abortion as well as addressing gay and transgender issues and they say many are age inappropriate and too graphic for youngsters and so far in the meeting neither side is ready to budge. >> parents show your signs -- so these are all of the concerned parents -- >> don't do that -- >> reporter: a crowd jammed the school board meeting arguing over the proposed sexual education curriculum designed for students starting with the fourth grade. it is called the three r's, rights, respect and responsibility. both sides began lining up hours before the meeting but the issue has been brewing for months. supporters say the curriculum fulfills the state required healthy kids act and teaches skills for modern-day situations. >> this is just scary for people. i think it is natural for parents to think if we start talking about this kids will go out and do. it i think that is a normal gut reaction. but that is just not what the data shows us. >> reporter: opponents scoff at the notion. >> this is not a question of whether or not we're just a bunch of

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