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He will actually appear in Court Next Week on december 12. Charles . Charles david lee miller, thanks. Michael cohen not cooperating the way we thought he was. The five starts now. Hello, everybody. 5 oclock in New York City and this is the five. Fox news alert. We are monitoring 3 huge news stories. Prosecutors made their bombshell filing in the case against extrump lawyer Michael Cohen recommending substantial prison time. We are awaiting specials Robert Muellers memos on Paul Manafort after james comey just finished speaking to reporters following his closed door testimony to the house judi...

Precedent and the attorneys say that they're not doing that for me. they're doing that for the office of the president so we're talking about the future. yes, go ahead. [ inaudible question ] >> -- financial records -- >> we disagree with that ruling. it's crazy because you look at it. this never happened to any other president. they're trying to get a redo. trying to get what we used to call in school a do-over and if you look, you know, we had no collusion, we had no obstruction. we had no nothing. the democrats were very upset with the mueller report as perhaps they should be, but, i mean t...

This is an important precedent, he says, for the office of the president. looking down the road, the future president, what did you make of his argument? >> i don't think he knows h history but was around for the watergate investigation if i remember who was the white house counsel during that period of time. yeah, howard dean. i'm sorry. i blew that one. but, yes, he was -- and he came and testified before congress. and i would expect that that would be the case going forward now that we would see the white house counsel who does not work for the president but rather works for the office of t...

In the house intelligence committee to get information on what's being described as the counterintelligence portion of the mueller probe which wasn't included in the final mueller report, the 450 pages. is that something members of congress should be privy to? >> well, it's a difficult analysis that you have to go through in terms of what you discussed with congress but historically we at the bureau and in the justice department have apprised the intelligence committees and sometimes other leaders of congress about sensitive intelligence matters, so i think the answer is yes, that's why those ...

This but advances the dialogue and raises the same question we're asking about don mcgahn as we're noting as a private citizen could testify. willing to talk to mueller and has gone so far not to say ex post facto that he will willing to exonerate the president. is it to the public to give them a full understanding into the incidents he was involved. kind of the same question everyone is facing after this report, where do they place their highest obligation and is it ultimately to the republican party or to the country overall? >> remember, don mcgahn, though, initially did not want to work al...