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Special Report With Bret Baier

dozens. and the local sheriff says whatever started the brawl, the five teens, four male one female arrested last night will be charged with felony assault with a deadly weapon. >> we have probable cause that has led to the arrest of these five individuals plus, most likely, there will be more to come. but now will be in the district attorney's hands and we are strongly confident that they will see this through for justice. >> now, given the new evidence that the marines may have been partying with the teens before things got out of control, there is the possibility that they may, too, face at the very least disciplinary action the first marine expeditionary force camp pendleton where the three is based it is, quote, supporting local authorities in the investigation. gillian? >> all right, jonathan serrie in l.a. for us tonight. thank you. coming up next, why some americans ceos are remaining

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Special Report With Bret Baier

biden engaged in bribery scheme while serving as vice president. there was some progress, if minor, made today but not enough for the g.o.p. correspondent david spunt has the latest from the justice department tonight. hi, david. >> hi, gillian, good evening. the high stakes phone call took place at 1:30 eastern time about five hours ago. fbi director christopher wray told house oversight chairman james comer he can see the document he is requesting but there is a catch. he has to view it in a secure location at the fbi headquarters. he is not going to get it in person on capitol hill. it's a standard fbi form called a 1023. it's used across the bureau when someone documents an agent and wants to make an allegation or give a tip. a 1023 may prove true it. may also not. this specific document allegedly contains a claim that then vice president biden accepted a bribe for a policy decision. comer said in a statement this afternoon we have been clear that anything short of producing these documents to the house

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Erin Burnett OutFront

devastation. just endless. ben wedeman. thank you. well, outfront next and emergency move by the justice department tonight after a judge suspends the approval of a popular abortion pill is this case now heading to the supreme court? plus an outfront exclusive. we take you inside what is now a top secret mission. that's goal is to shut down how north korea is funding its dangerous nuclear program. welcome to the next level. this is the lexus nx with intuitive tech traffic. and o or most advanced safety system ever. wait have you surrounded your lawback with scotts turf three jobs done at once. swedes prevents cab gas and keeps it growing strong. get a bag of scots triple action today. it's guaranteed feed it, kid. what if she likes playing golf? it's expensive were outlined golf.

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CNN Tonight

department tonight. this after the january six committee formally recommended for criminal charges against former president trump, this is how congressman jamie raskin made their case. >> we propose to the committee, advancing referrals where the gravity of the specific offense, the severity of its actual harm and the central city of the offender, to the overall design of the unlawful scheme to overthrow the election compel us to speak. ours is not a system of justice where footsoldiers go to jail and the masterminds and ringleaders get a free pass. >> so, that remains to be seen. but referring a former president for criminal prosecution is something that has never happened before. and now it is up to the department of justice to decide whether or not to indict, what to do with this. i want to bring in cnn senior political analyst, john avlon,

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Erin Burnett OutFront

it could play a part in this store. >> absolutely. he was one of the most sophisticated arms traffickers and even after u.s./u.n./e.u. sanctions were ready, willing, able and that's exactly what comey may need a little more time after that he's going to become preventive and block chevys in. you know what he does and you know what they think, i'm better than everyone. the. >> thank you, earn. next, the justice department asking a federal court to hold trump in content. what that could mean for others.

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Erin Burnett OutFront

>> i'm greatly disappointed that more has not been done to secure my release. i'm happy that brittney is going home today and that trevor went home when he did, but i don't understand why i'm still sitting here. my bags are packed. i'm ready to go home. >> reporter: whelan told cnn that the russians see him at a higher level than griner. he's been charged with espionage, sentenced to 16 years. >> this was not a choice of which american to bring home. the choice was one or none. i wholeheartedly wish we could have brought paul home today on the same plane as brittney. >> reporter: erin, paul whelan wasn't the only one frustrated and disappointed with today's exchange. officials in the justice department have been as well. evan perez was told law enforcement raised strenuous objections but the decision had been made. officials from the fbi and dea

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Erin Burnett OutFront

his sister tomorrow. >> viktor bout landing in moscow. this is the woman who spent 15 years tracking him down is "out front." plus, multiple involvements surrounding trump and criminal referrals for trump and four other members of his inner circle as the justice department asks a federal judge to hold him in contempt. a chinese man putting his life and that of his family's in jeopardy by tweeting out photos of protests. it's a an "out front" exclusive. and effortlessly responds to both of you. our smart sleepers get 28 minutes more restful sleep per night. proven quality sleep. only from sleep number.

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Erin Burnett OutFront

whether or not someone should remain unlawfully detained be in a penal colony in russia. it was important to get brittney griner home and he has worked nonstop to make this happen. while we know that there was a prisoner swap, we also had to recognize this is not someone who's sentenced to life in prison. he had six years left on his sentence so at some point he was going to be free and the president weighed all of these considerations and thought it was important to bring brittney home when he had the opportunity. >> paul whelan of course is one of the americans still in custody. he has been in russian custody a lot longer than brittney griner. justice officials were opposed

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Erin Burnett OutFront

we have details from the white house and i'll speak to the family of the american left behind and the woman who spent her career hunting down victor booth. and holding trump's team in contempt. that's the request from the justice department tonight over the mar-a-lago case as the january 6th committee considers criminal referrals for trump and now for at least four others. plus an "out front" exclusive at this hour. we'll introduce you to a chinese national risking his life by posting videos of the protesters for the world to see. let's go "out front." flying to freedom. wnba star brittney griner is in the air right now to return to her home state of texas. show you live pictures out of san antonio. that is the runway where she is expected to touch down in just a few short hours. her release in exchange for the convicted russian arms dealer victor booth marking an end of nearly ten months of captivity. it's amazing to watch this. you see griner and boot actually

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Erin Burnett OutFront

conspiracy. a major win for the justice department tonight. also breaking this hour, trump's former senior adviser and speech writer steven miller testified today before a federal grand jury in the january 6th investigation. that brand-new reporting is next. and china now going to extreme lengths to silence and punish protesters seizing phones and leveling a new warning. let's go "outfront." good evening, everyone. i'm kate bolduan in for erin burnett. the leader of the far-right extremist group the oath keepers and one of his top lieutenants have been both found guilty of seditious conspiracy. it's the most serious charge brought so far in any of the cases involving the january 6th attack. and it's for their role in a plot to prevent president biden from taking office, all coming to a head on january 6th. it is a major win for the u.s. justice department, which accused oath keepers' founder stewart rhodes and associate kelly meggs of plotting to use

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