video from the pentagon of the deadly ambush that killed four american soldiers in niger. it provides new insight to what went wrong. good morning. welcome to "early start." i'm dave briggs. >> i'm christine romans. one year ago today, robert mueller was appointed special counsel in the russia investigation. there are important developments on the milestone. rudy giuliani says they cannot indict the president. rudy giuliani said all they can do is write a report. they can't indict. they acknowledge that to us after battling with us. it is a point giuliani reiterated on fox. >> we will see what legal remedies are available to us. including if they subpoena us, challenge the subpoena. i don't think they agree to the process question. the same reason they cannot indict him, they cannot issue a subpoena to him. clinton opposed a subpoena and voluntarily complied.