Transcripts For FOXNEWSW Outnumbered 20181218 : vimarsana.co

Andrew napolitano. Judge napolitano best intro in the business, ms. Falconer. Harris thank you, judge. Flynns lawyers claimed the fbi told their client that he didnt need a lawyer present, and they never warned him not to live. But today, when judge sullivan asked the attorney if you believed his client was entrapped, the answer was no. Last week, Robert Mueller submitted documents to the judge detailing how the interview was conducted, and blasted general flynn over his attorneys claim that said he chose to lie but still recommended no jail time for flynn. Resident trump this morning tweeted this. Good luck today in court to general Michael Flynn. Will be interesting to see what he has to say despite tremendous pressure being put on him about russian collusion in our great and obviously highly successful political campaign. There was no collusion that, from the president. Meanwhile, harvard law professor Alan Dershowitz agrees with the claims about the fbi conduct. Watch it. I think that flynn was coerced into pleading guilty to a crime of which he was innocent. He was coerced by threats against his son, against his fortune, and the reason i think he was innocent is even if he told an untruth which it seems as if he did it was not a material untruth. The government already knew everything they ask him about. When you ask a question that you already know the answer to, i do have proof of the answer, there is only one purpose to the question. And that is to elicit a lie. Harris our chief intelligence correspondent, Catherine Herridge, is actually inside the courtroom. As soon as she can come out and fill us in on whats happening right now, she will and she will join us in just a few minutes. Lets bring it up to the couch. My first question for you does the judge go to work with a notepad that says if you take responsibility, i will do this. If you dont, ill do this, or is it pretty set already cost and mike judge napolitano thats a good question. I have sentence over a thousand people over my career in the new jersey state system, which uses guidelines substantially similar to the federal. Sending things today is effectively a mathematical function. Yes, you do check boxes. However, when there is an agreement with the defendant to that the maximum sentence will be six years, and when the government says the defendant has helped them so much that they recommend zero, something the government never says, the defendant wants zero, the government want zero. Its pretty obvious what the judge is going to do. Harris would it be irrespective of that help . Even if he hadnt helped out substantially in any way, and we know that from wording that was used for michael cohen, for example even if that werent the case, this is a man who served his country for decades before this. Does that play a role . The importance of his leadership in the military . Judge napolitano yes. The importance that the service the person has performed, whether in the military or civilian life, is one of those boxes that the court will check when, basically, you are bouncing what is called the aggravating factors who was harmed by the crime and the mitigating factors. What good has the defendant caused. This sentencing is unique. Its unique because excuse me, melissa its unique because of the allegations made in the 11th hour by general flynns lawyers. Which i thought were inappropriate. When the government says zero, thats the best thing you want. The allegations were our client wasnt treated fairly, he was manipulated. Harris why do you think they did that . Judge napolitano i think they thought that this judge, who has a backbone of seal, would be so aggravated at what e fbi did that he might through the whole thing out. Melissa let me tell you what hes aggravated by pretty talked with the mitigating circumstances here, and the aggravating circumstances. The judge, we are being told, has said im going to be frank with you, this crime is very serious. On the premises of the white house, up until that point, you had an unblemished career in the service history. But then he goes on to say after a few more lines, we are going to take into concern your military sacrifice, but i am also going to take into concern those allies that cause the Vice President elected to lie to the American Public about three different topics, making false statements, serving as a White House Security advisor. He goes on to say arguably, you sold your country out. Judge napolitano that is a very, very harsh analysis of this. One that totally undermines the argument that President Trump has been saying. Im glad you read that. Before that, heres what happened in the courtroom general flynn, when you pleaded guilty before me, you pleaded guilty under oath. We told the truth . Yes. Were you in fact guilty . Yes. Did you need a lawyer their quest to mark no. Do you want to postpone the under stomach sentencing cost and arc i understand you are still cooperative with government. No, i want to give us annexing over with. Harris why tell the judge say they want to accept her sons ability . And go back on your word. Technically, were you telling the truth . When he said he didnt like . And i you say no, absolutely, i did. I take responsibility. Judge napolitano when he pleaded guilty six months ago, the plea was under oath. He said i lied. Today he reiterated and said he takes full response bill before it. What melissa read is is a very harsh view of what he did paired one that undermines the president s view, which is that this was nothing. Lisa why is it inappropriate, though, for flynns attorneys to raise concerns . Particularly in a time when you have james comey admitting that they went outside the typical fbi protocol. They took advantage of this white house. Why would it be inappropriate . Judge napolitano they did go against protocol, they did take a branch of the white house. Theres no good reason for fbi agents to be roaming the halls of the west wing, knocking on doors, and saying hey, can we talk to you . Melissa for one more second, there is more said here. Harris let me step in for once i second, because we just found out from a control room that they are in recess now. They are in recess for about another 20 minutes or so. Then we expect some movement in this, and when it happens, of course, we will bring it to you. Melissa . Melissa this was the really important part. When we were talking about earlier, what is it that he admitted to . He admitted to lying print arguably, folks are saying it wasnt much of a lie. Why would you admit to that . Some have said there is a larger crime underneath. Some the judge says, all along you are an unregistered agent for another country while serving as the National Security advisor. Lisa that is the key. Melissa that goes along with what we saw in terms of his two colleagues were charge of that same climb down that crime men who have played to that same crime. And why he would be now capri one of the things i think this brings up is the fact that he is hunting about the fact that there is a much larger crime, here. Melissa hes not hitting anymore. Capri hes also saying hes not hiding at the same as a goes on. Because that is a more substantial crime with that could carry a larger sentence, under the federal sentencing guidelines, he is getting a deal and a bargain by pleading to this charge. Which is why he harris thats why the judge said why would you speak up if the answer is zero . Judge napolitano correct. The answer to your question, lisa, is a great question. Why was it critical to the lawyers customer when the government says zero, remain silent. The time to attack the government has long passed. Its a little late. Harris why do you think they did that, then . Is there some strategy . Because capri says theres could be something under the table more serious. Judge napolitano they agreed, as part of the plea, never to charge him for failure to register. They charged his two buddies. The three of them worked together. One of them as a turkish national, got charge for representing the turkish government in the United States. Look, one of the questions the judge asked the prosecutors could general flynn have been charged with treason . The answer . Im hesitant to answer that. Because it is such a serious question. The judge, to general flynn. There is no guarantee that, if you are sentenced today, you could be incarcerated. Judge, can we have a break for half an hour . Harris im not hiding my discussion of the disdain for the criminal offenses. It really stands out in my mind. No matter how you go forward, this is now oppositional to what the president has been saying. That this is a smaller, more tightlybox situation. This judge i have more questions, now. Lisa this love questions. I think lobbying on behalf of turkeys the bigger issue. In my opinion, regarding flynn. Probably a good reason is that the National Secure advisor. The idea that somehow he violated the logan act, which is what sally yates told congress, was the initial concern and why the fbi ended up interviewing flynn to begin with. I have an issue with that, because the logan act, over 200 years old, nobody has ever been prosecuted under it. As the National Security advisor, he had every reason and every right to talk to kislyak, talk to the ambassador and these other nations. Harris hold on a second. Couldnt the democrats invite him to some pretty kislyak to some pretty highlevel thing . The state of the union. And james comeys style is is my memory serving the . Lisa ethic the challenge and the difference is im not defending the democrats, but i think the difference is, the issue that people bring up about flynn is should he have been engaging in diplomatic talks while he was not yet harris now youre talking about flynn pritt i was talking about kislyak. Judge napolitano this is why lisa is correct. The logan act prohibits a private person from conducting the Foreign Policy of the united but hes not necessarily a private person in that context. Harris lets get back to melissa. She has a bottom line hashtag for this. Melissa is not about any of that. Its about the turkey thing. When you look at what the judge said, its about what these other things going on prayed he was still in the services of the turkish government. And he was the National Security advisor. This isnt about russia. Necessarily. Its one of the factors. The real conflict here is the fact that he was an unregistered Foreign Agent. Thats the bottom line. Harris i want to followup with you, melissa come on this one point do you think that we would have known that if it hadnt been for the russia investigation . How much of this wasnt that sort of lateral gymnastics move that we seen the Mueller Investigation do, and other prosecutors doing in this. Handsoff cases. Melissa i dont know if thats a great question. Because we dont know how they originally realized that he was still they investigated flynn, we dont know how they originally realized that he was a Foreign Agent of turkey. With that matter . Judge napolitano they had taped his phone conversations. Jennifer general flynns flesh e miller was the defense agency. Translate come all the military spies. He knows these phone calls are tapped. He knows that kislyak was not only the ambassador, but was a kgb contact and was being monitored every place you entered every conversation he had in the u. S. Just like they do the same to our ambassador in moscow. Intelligence and Law Enforcement and knew what kislyak was saying, and to whom he was speaking. One of those people happened to be mike flynn. Harris hold on one second, i want to go back to melissa on this point on turkey. Look at all that has transpired with turkey and just the last few months. Okay, youve got a u. S. Based Washington Post columnist who was killed on turkish soil, inside of saudi arabia and consulate. Not that all things connect back, but as Interest Income the layering of the most recent history. Melissa it also points out why they would be a focus on turkey. When you say that, in some cases, or anyone says they dont necessarily like, if you go back afterwards and register they were in agent in the past, that happens a lot. Its not that big of deal. But your point, and its a very good one, is the reason why it really does matter is because turkey is not a normal friend and country. We are having a lot of challenges there. Lisa two points and want to make. One, you had mentioned sort of defending, it seemed, sally yates concern over the logan act. To that same point, you have john kerry literally meeting with leaders in iran trying to undermine the administration. Trying to undermine the administration melissa but were they paying him . Lisa policy on iran. Melissa thats what were talking about. Lisa theres also another point. Violations have it all the time, and very rarely are they prosecuted. A lot of people in washington, d. C. , would be in a lot of trouble doing business with shady governments, and not registering. The judge napolitano you are talking about the innocent failure of melissa but they are not and currently the National Security advisor while that is going on. Lisa my only point is there is a harris i need to step in with the breaking news, here. The judge just asked flynn, or had asked flynn, just a short time ago before they went to a break, if you wanted to move forward with the sentencing. He repeatedly says yes prayed he said he said that earlier, now we are getting judge napolitano we are getting it over with. Harris the judge says, if he continues now we dont even know if theyre coming back, now. If he continues, now, there is no guarantee he wont face incarceration. And ask if you wanted to talk it over with his lawyers, and flynn said yes. We can only assume that they are coming back in, and they will tell us something. But this kind of texture to the reporting, via our Catherine Herridge who is inside the courtroom right now, says what to you, judge . Judge napolitano that this judge, whom general flynns lawyers might actually throughout the conviction because the manner in which the fbi treated and mistreated him, in fact, may be harsher on general flynn then the government has asked him to be. And is intimating that he will not go along with the governments recommendation of zero jail time. This is almost unheard of for the government to say zeros jail time and for the court not to go along with that. Capri but is not entirely uncommon. A judge napolitano . Its not totally unheard of, but its rare. Capri very, very rare. The sentencing guidelines are just that. They provide basically some categories and some boundaries, but there is still a lot of judicial discretion on behalf of the federal on behalf of the judge. He harris let me step in with this question. I want to make sure weve got this straight. So, its not unprecedented, but it is rare. What takes it from we hardly ever see this to we could see this today . Judge napolitano because the judge made the leave, that general flynn got too good a deal. That the evidence of criminal behavior like we are talking about, representing a Foreign Government in the United States while he was the president s National Security advisor. To the president know about this . The judge feels and they feel that this is of such gravity that the governments rep recommend action of zero is too light. Melissa or he wants to know the extent of its corporation. He wants to know what exactly he is getting in order to have this life sentence light sentence. Harris that information, is that sealed . Can we all know that, or only judge sullivan . Judge napolitano i dont know if we will know it until bob mueller is ready to release it. We dont know what the cooperation was or how they will use it. Harris so they wont tell the judge today. Judge napolitano the judge asked if he was still cooperating, and the prosecutors said yes. And the judge said why am i sentencing him . We usually dont sentence until the cooperation is over with. Its been postponed for a year. Harris isnt that a basic question . Are you still using him in a federal level with investigators . Would not be like the first thing open go before i get my coffee, let me find out if i can even judge napolitano normally dont want to sentence until the cooperation is over with, so the court knows the full extent of the cooperation. Harris wide and we know that before . Judge napolitano if general flynn had been charged with everything the government could have charged him with, and if he had been found guilty of everything the government could have charged him with, he was exposed to 60 60 years in jail. As opposed to six months for the government is recommend and zero. How do you get from 60 down to zero . He told the government a lot that they wanted to hear. Harris why wouldnt the judge have asked the question, as melissa put it, why dont you ask before today are you done with him . Capri maybe i can answer the question with another question. Because there may be some things that we dont necessarily know about that, that could potentially become a against the statute of limitations preventing to face of something thats called disagreement. If youre cooperating with the government, the new say i am cool with continuing to toll the statute of limitations in order to cooperate. Is not necessarily talked about often, but it could be judge napolitano but the representation of turkey without being an agent, and the land to the fbi is well within the statute of limitations. Those things have fiveyear statutes, and these events occurred a year ago. Harris i want to give lisa a quick last word. Lisa i was going to ask you, judge, how much does impact this being a counterintelligence investigation as opposed to a criminal investigation with the amount of information that mueller has to release to the public and or this judge . Judge napolitano since the patriot act blended intelligence and Law Enforcement, since i got rid of the wall that used to be there, doesnt matter how they get it. If they acquire evidence from their intelligence investigation, they can use it in a criminal prosecution. Harris thank you. We are waiting now, because they have been patient pushed back l 12 30 p. M. Eastern or soapy that would be about 11 minutes from now that we might see everybody return to the courtroom. Weve got our chemist perch and weve got our Catherine Herridge, our chief intelligence correspondent, inside the courtroom as well. Were ready to bring in the news as it happens, from the sentencing of Michael Flynn. Keep watching. Plus, former fbi directory james comey unleashed on President Trump and House Republicans after his closedoric testimony on the russian investigation. Now the white house is firing back at all of this on a busy day of news. Stay glued. We have to stop being numb to it, whether you are a republican or democrat. You need to stand on your feet, overcome your shame, and say something. Ok everyone our mission is to provide complete, balanced nutrition. For strength and energy whoohoo greattasting ensure. With nine grams of protein and twentysix vitamins and minerals. Ensure. Now up to 30 grams of protein for strength and energy melissa right now the court is in recess as we are awaiting the final sentencing of Michael Flynn, former National Security advisor. A short time ago, we heard from inside the courtroom from judge Emmet Sullivan with some very harsh and strong words against what Michael Flynn had done. Really, calling into question this potential sentence of no time that Michael Flynn was supposed to get. He issued a very strong rebuke, not only of his own lies, but the fact that he got Vice President mike pence to live to the American Public. The judge saying that, in a way, you sold out your country. A very stiff rebuke, they are. Now you are looking at the lower part of your screen as the court remains in recess until 12 30. We will bring you that breaking news just as soon as we get more from the courtroom. We have Catherine Herridge inside. We will give you the latest, the very second it happens. In the meantime, former fbi director james comey lashing out at House Republicans after what he described as frustrating closeddoor testimony on capitol hill yesterday. It was his second capitol hill appearance this month, to face questions on the Hillary Clinton probe. And, what he knew about the antitrump dossier and the launch of the russia probe. Here is it coming, to reporters. Another day of the other clintons emails and the steel dossier. This, while the president of United States is lying about the fbi, attacking the fbi, and attacking the rule of law in this country. How does that make any sense at all . Republicans use to understand that the actions of a president matter, the words of a president matter, the rule of law matters, and the truth matters. Melissa reporters also questioning comey about his decision to skirt standard procedures and send fbi agents to interview thenNational Security advisor, Michael Flynn, and the white house. Here is comey on why he did not inform the acting attorney general, sally aids, until the day those agents were interviewing flynn. I knew that if anything came of the interview, it would advance our investigation. The attack on the Trump Administration would be that an obama holdover engineered it. I had to make a decision separate from her, to leave them with her only opportunity. To challenge it would be to bring down the entire fbi. To my shock and horror, they tried to do just that. In the face of silence from people in this building. Melissa White House Press secretary Sarah Sanders responding on twitter, calling him a shameless fraud. Today, saying that they threw fbi protocol out the windows for one window, and one reason only because it was the Trump Administration. They thought they could come and they thought they could get away with it. We are arguing that he was certainly ambushed, and that the fbi, that we know had clear political bias we have seen that time and time again one thing we are 100 sure on is that the president made the right decision in firing james comey. Melissa meantime, the joint house panel is also expected to interview former obama attorney general Loretta Lynch as early as tomorrow. It judge, i will ask you it seems like james comey loves to go and stand in front of a camera and talk about why he had to usurp someone elses authority. In this case, not telling sally yates was going on in order to save the republic. Judge napolitano i thought he was pretty cogent and what he said. I can understand his frustration. All the questions are coming from republicans and they seem to be politically motivated. The attacks on the fbi, the efforts to undermine it by the chief Law Enforcement of the United States, the president , has been met with silence from the supposedly law and order republicans. That is the take away that i got from what comey just said. I think he also feels that the Hillary Clinton things history. Why are we going for it now . The sally yates thing is history. Why are we going for it now . Melissa what about the fisa warrant and the dossier . Judge napolitano listen, i have signed search warrants where i later learned that the officials who came to me and sought the search warrant didnt tell me everything. They either didnt know it at the time, or they learned it afterward. Harris did you punish them . Judge napolitano i negated the fruits of the search warrant. That doesnt stop the investigation. That doesnt make the defendant be set free. It just prevents them from using that item that they seized. Lisa i would like to respond to you, judge. First of all, you have, regarding the dossier, james comey was the one that briefed President Trump on the dossier. Cnn was looking for a news hook. We know that. After the meeting, it leaked and the dossier was published. I wonder why, and i who is behind a question mark i have questions about that. Also, regarding james comey, if anybody wants have concerned if there is bias or animus against this president with james comey at the helm, listen to him now. This is a guy who actively told americans to vote against republicans, who has been outspoken in his criticism against President Trump. So you think that peter strzok and lisa page were alone in their bias and animus against his president question . Clearly, it started at the top with james comey. He is lying to congress, he leaked information. This guy has violated his entire the hallmark of his career as fbi director is usurping government protocol and fbi protocol. The ig called him out in his report for that promise that he was insubordinate. President trump, the longer comey has been out there, President Trump is further justified in firing him. Capri i want to split the baby between what youre saying about judge napolitano is saying. Harris be kind to the baby. Dont throw it out with the bathwater. The capri i will be nicer to be become and i wont throw out the bathwater. Judge napolitano and biting my tongue. Capri it may think you made good points about the fact of their serious concerns concerns about the undermining of the fbi and the justice apart meant in all this. I think to your point, lisa, there are some serious questions about james comeys conduct. Even though there are legitimate concerns that may be james comey was trying to bring up, he basically doesnt have any credibility anymore. At least in my eyes. Because he has gone out there and shown his bias. He has gone to the 92nd street y and said yeah, we circumvented things pray and he cares more about hogging the public eye than the fate of the criminal justice system. Lisa i like the part reset i was right. Right. [laughter] harris can i get this from inside the courtroom . Once i can. Before the recess was called, judge sullivan called the prosecution back to the stand one last time to ask a question. We know he asked the trees in question, but now the judge also asked to clarify recommendation for sentencing. To which the prosecution said the government recommendation is that a sentence at the low end of the guideline range, that could include a timeline of no incarceration. Why is he making sure that he understood that yall meant zero . Judge napolitano when a defendant gives up his right to trial, which is effectively what a guilty plea is, you have to be certain that the defendant knows what he is giving up. Even though the government says zero, and the defendant obviously wants zero, the defendant needs to understand that the court is not bound by the government and the defendants request of zero. The court can sentence anywhere between zero and six months, which is the maximum for this. And he needs to know that mike flynn understands that before they proceed. Melissa we are told that the court is going to be back in session any second. They had told us 12 30, they are not there yet. We are going to squeeze in a quick break. We will be back on the inside. Dont go away. Oh oh ozempic® vo people with type 2 diabetes are excited about the potential of onceweekly ozempic®. In a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. Oh under seven . vo and you may lose weight. In the same oneyear study, adults lost on average up to 12 pounds. 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As soon as the sentencing happens, or doesnt happen with general flynn and we will get into that and a second with the judge, because they were options on the table now we will bring you all of it live. Judge Andrew Napolitano is in the center seat and he prayed he very seldom really feels outnumbered prayed [laughter] what are the options at this point . Judge napolitano well, the judge is hinting that he wants to delay the sentencing. Because the government has told the judge that general flynn is still helping the government by providing evidence harris Robert Mueller. Judge napolitano correct in their investigations. Normally, standing operating procedure. You dont sentence until the cooperations over with. I dont think the judge knew until an hour ago. None of us did. Harris should have known . Judge napolitano yes. That the cooperation is still going on. The government should have told him. Then he said to general flynn twice, do you still want to be sentenced today question . Question yes do you still want to do it even though it might not be zero . I understand that prey can i have a break to talk to my lawyers harris why is he in such a hurry to be sentenced . Judge napolitano i think he wants to give the anxiety of this over with and get on with his life. Harris lisa boothe, should the president part in general flynn . Lisa i would say originally yes, but it troubled me. As they made the point early from his work on behalf of turkey. Most people who are lobbing on the behalf of Foreign Governments, there are violations that happen all the time in washington, d. C. Harris tell us what that acronym is again . Lisa is the Foreign Agents registry snacks. Youre supposed to register with the Foreign Government. Judge napolitano until the feds exactly how much the Foreign Government is paying you. Which is let flynn did. Harris so we are all in the same page with that serious. Lisa it happens all the time. Its also the government is very uneven handed and how they pursue those violations. That being said, the bigger problem is that he was going to be the incoming National Security advisor. Of course, that is troubling. Harris its important. Lisa the logan act stuff is a joke. Talking to kislyak, no problem with that. Turkeys would have an issue with proof for that reason, i dont know. Melissa there are two enormous problems, here. He was about to be the National Security advisor. We cant beat the National Security advisor and be paid by a Foreign Government. Its a much bigger deal than any lobbying. Thats a huge deal. Number two, he also got mike pence, the Vice President , to lie to the american people. If youre going to be National Security advisor, you also have to be honest. These are huge, huge problems. Its why he got fired. Thats why it is we want to know with the president knew. Harris i want to followup. Judge, you had a question . Judge napolitano did the president know in january of 2017 that the person he was putting at the focal point of National Security was an agent of a foreign country western mark sometimes an ally lisa but he does now. Capri i think youre probably right. He didnt know then, but he does now. We started the segment talking about will President Trump arden Michael Flynn . Speed when we didnt start there, but lisa it got there. Capri i think, obviously, given some of the tweets and how president chavez approach this, i think he might wants ascending some signals that may be that something is considering. Harris is that about the custom xp five i dont think its perfect, being paid by a Foreign Government while being the incoming National Security advisor. But maybe he commutes sentence. Say today goes in there, gets three months, he could turn around and commute it. Lisa i think this is something that needs to be change in washington, d. C. I know senator Chuck Grassley is now offered judge napolitano what needs to be change . Lisa that is to be more thoroughly enforced by the federal government. If youre worried about other countries doing the bidding in the United States, messing with our policies or elections or what have you . We should be judge napolitano you know why they dont enforce a question mark most of the violators are former federal officials themselves. [laughter] we are laughing at it, but we shouldnt laugh at it harris its a total swamp. Melissa the president should not be tweeting that poor Michael Flynn, and talking about how he has been abused by the system, if, in fact, he was getting paid by turkey while he was National Security advisor. He didnt disclose that. He also got Vice President mike harris what james comey was saying, if you listen to that, in the hallway, hes echoing what you are saying. In fact, because you call the coming his remarks today cogent, i think they are revealing, too. They may tell us behind the behe scenes where hes look at this prayed the president s words, and they take that to mean, including his tweets, can be held against him in some form. Im paraphrasing a little bit, but that was the nugget. The president should stop talking. Or he could be held accountable. Melissa its hard to take it with a big spoonful of sanctimony puts on top. Judge napolitano take the personality out of it. The messages, the president ought to have known what Michael Flynn was up to at the time. The president is so far the loser. We dont know what the sentence is going to be. Then a judge asks harris wisely of the loser . Judge napolitano because he has minimized what general flynn has done. Its treason. Lisa from that standpoint, i dont agree. Harris optics and law lisa the world we live in now judge napolitano this is back to melissas questions. Should the president between customer and maybe he could have tweeted at the time general flynn was arrested, but he now knows what flynn was doing at the time. He should be minimizing that. General flynn was a Foreign Agent while he was looking in the white house. He kept that from his bosses. That is not light or easy or something to be tweeted about or made a joke of. Harris that brings up with lisa was about. Lisa, you actually separated out what is important, here. Lisa thank you. Harris you put turkey in a different lane, because he was being paid by or in government and didnt disclose it. Lisa to what melissa was say, that is a big deal. If youre the incoming National Security visor who has financial interests with the government of turkey, and president everyone, thats a big issue. For that, i have a concern to that point. I think thats the bigger issue. Its not come as a said previously, its on the logan act or talking to the ambassador. That is the soul, bigger issue. Capri survive can i go back to what your sink . No more cutting the baby. [laughter] forgive me for being using an old saying. Judge napolitano with italian slang. Capri anyway, back to what youre saying about the difference between law and the media. I agree with you. Harris the perception of it. Capri the perception of reality. There has been so much fixation on these investigations, we are litigating them and the court of public opinion. And they are then, subsequently, mitigating the value and understanding of the legal process. I think we are doing a disservice to what these investigations are doing. Because people like james comey are out there, trying to same thing you can say with rudy giuliani, too. Harris i give the make it public a lot of credit. They tune in when they think its kind of at that fire pitch, which is where we are today. This couple things going on. Outside this courthouse in washington, d. C. , you see the cameras purged for when this thing wraps up. On the judge sentences general mike flynn. For lying, and now we also know and lisa and melissa have really put this so clearly for us of the other lane in which all of this lives is that flynn was taking money from the turkish government, the people in turkey, who were working with him. And he did not disclose that as he was being looked at for a staff position with the president. So, now we also want to hear from the white house. The judges back of a courtroom in the last 30 seconds, by the way. We may see something. A sentencing, a july a sentencing of the courthouse. The other part of this is that in the next hour, or less than that, we have been told that the White House Press secretary Sarah Sanders will hold a press briefing inside the briefing room. All of this, we are watching. Stay close hi, im joan lunden with a place for mom, the nations largest seniorliving referral service. 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How about using that pen to sign up for new insurance instead . For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Switch and you could save 782 on home and auto insurance. Call for a free quote today. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. Melissa okay, we understand that the judge and former National Security advisor Michael Flynn, former nationalsd National Security advisor, back in the courtroom right now. As soon as we get any word from the courtroom on the sentencing, we will bring it to you just as soon as it happens. We will bring it back out to the couch. I want to judge, i want to read you something that was said outside the courtroom a few moments ago. The judge said, i made a statement about mr. Flynn. Acting as a Foreign Agent while in the white house. Should they be clarified, it was before he was in the white hous white house. The government says yes. The conduct ended in midnovember before the Trump Administration took over. Thats a big difference. The judge said i asked the special counsel about other offenses. I wasnt suggesting that he committed treason. I was just curious. After looking at the government treason, we have no reason to believe that he committed treason. This is the judge, it sounds to me tell me if im wrong walking back a few of those scathing statements that he said. Or clarifying come after they spoke. How would you characterize that . Judge napolitano i think youre right to the. The judge should have known some of the government should have told him before today. He did ask the question from the bench and the government did not ask dumb i can answer it properly. Whatever you learned or saw or talked about during the break caused them to walk it back. The judge still seems to be concerned that general flynn was having the interest of a Foreign Government in line, whether still on their payroll or not, while he was advising donald trump. That cause the lie ofs to mike pence. Lisa hammond people in washington, d. C. , that would be considered for National Security advisor position have done work on behalf of Foreign Government . Judge napolitano i dont know the answer to that, but if theyve been working, they have Foreign Governments and didnt register, and didnt tell their boss, the president come about it, and were giving the president advice to favor the people who have been paying them, we have a problem. Melissa the problem is that he didnt disclose it properly. Lisa but that goes back to the timing does matter. Whether he was guilty in his own mind. Whether or not he meant to withhold that information, or if you do the backs accident because he did know what he was doing. It seems as if he is clear on the fact that he knew. Harris is an equally bad, lisa . If youre hiring somebody he doesnt know what hes doing enough to tell the the truth about what hes been doing, even in the last 60 days, let alone six months, thats as much a problem as somebody who who s b2b have to leave it here. Were going to squeeze in one more quick break. Again, we are waiting to hear the sentencing. They have been a lot of twists and turns, so dont go away. We will be right back. U borrow o 100 percent of your homes value. Not just 80 percent like other loans. And that can mean a lot more money for you and your family. With our military service, veterans like us have earned a valuable va benefit. The right to apply for a va home loan. The newday va loan lets you refinance your mortgages, consolidate your Credit Card Debt, put cash in the bank, and lower your payments over 600 dollars a month. Newday usa has been granted automatic authority by the va. They could close your loan in as little as 30 days. So call newday usa. They look at your whole financial picture, not just your credit score. And theyll do everything they possibly can to get you approved. Call today. And get the financial peace of mind every veteran deserves. Go to newdayusa. Com, or call 18772361855. In america, the zip code youre born in can determine your future. The y helps fill the opportunity gap with Education Programs for all. For a better us, donate to your local y today. Harris we have a lot of breaking news right now coming from inside the courtroom. We are finding out now that the defense, former National Security advisor Michael Flynn, has asked the judge to delay sentencing in the courtroom. Citing a case that he is likely to be asked to testify in. Judge, what can you tell me about what we know about this other case where he is saying hes going to be needed . So they are delaying . Judge napolitano his two partners were indicted last week. Thats in the Eastern District of virginia. Paul manafort is still to be sentenced, so thats in the Eastern District of virginia. Theres also a grand jury in the Eastern District of virginia that sits just to hear about mueller post risk cases. He may be testifying before that question. Against whom will he be testifying in secret before the grand jury . Whatever it is, after saying no twice, general flynn said yes when asked do you want to put the sentencing off. Melissa right. In addition to that, we are also learning from the judge as he walks back that he didnt receive payments or work for the turkish government until midnovember. He went back and forth with the defense about that. The reason why this is meaningful is because now we are going to look at everything he did, every decision that he did in light of the interests of turkey and president erdogan. Judge napolitano the next sentencing for general flynn will be very different from this one. The government is going to be asked to give the Court Information that undermines their witness, general flynn, who they say should get zero time. Weve got a judge who think it should be greater than zero. Melissa what advice did you give to the president that judge napolitano about tricky . Melissa i know. Michael flynn is asking to delay sentencing. Well have more of the other side. Thank you. Ok everyone our mission is to provide complete, balanced nutrition. For strength and energy whoohoo greattasting ensure. With nine grams of protein and twentysix vitamins and minerals. Ensure. Now up to 30 grams of protein for strength and energy melissa even more breaking news from inside the courtroom. We are now living there will be a status hearing on march 13th. That does it for here on outnumbered. Now come over to harris. Harris thanks a lot, melissa. As we continuing the breaking news now. We know inside the courtroom, Michael Flynn, former National Security advisor to the president of the United States, was supposed to be sentenced today. He could have gotten zero days, per what investigators and prosecutors were asking for. Now, that sentencing is put on hold. A lot of y and a lot of answers coming for us. Our chief intelligence correspondent, Catherine Herridge, was just inside the courtroom where it was all happening. Katherine, what happened exactly to get us to the delay point . Harris, this has to be one of the