tv New Day With Alisyn Camerota and John Berman CNN December 19, 2018 4:00am-5:01am PST
judge sullivan was pulling back and looking at the pattern of wrong doing from donald trump's administration and saying i am disgusted by this. >> you have michael flynn and the president of the united states saying it's okay to lie to the fbi. >> the tongue lashing by the judge will be seared into mike's memory forever. >> both political parties came together to do something to try and reduce the number of people behind bars. a christmas miracle just happened. >> this is something the president is behind. >> the president has a lot of compassion that not a lot of people get to see as much as i do. >> this is "new day" with alisyn camerota and john berman. >> good morning. welcome to your "new day." alisyn is off and erica hill joins me for a really good morning, at least so far. >> it's been a good morning. i don't know if everybody in the world feels that way. >> michael flynn, he may not
feel it's a good morning. he is being asked to surrender his passport. his sentencing has been postponed. this is not what he expected when he walked into the criminal court, and most thought he would get no jail time but instead he got a blistering rebuke from the judge and the white house got a rebuke from their false claims that flynn was somehow entrapped. still the white house press secretary stood by the made-up claim and we are hearing to hear from the president himself on this matter this morning. cnn obtained a document revealing donald trump signed a letter of intent to move forward for a building in moscow during his presidential campaign. rudy guiliani was asked about the letter on sunday, and of course rudy guiliani is the president's tv lawyer, and he had told dana bash it had not been signed. and lawmakers racing today
to prevent a partial government shutdown on friday. senate republicans are drafting a bill that would keep the government funded through february 18th, and it's not clear whether president trump is okay with that. also happening overnight, a rare moment of bipartisanship in washington. a justice reform bill passing overwhelmingly. the house is expected to pass it as well, and the president said he would sign it and it could be on the desk by the end of the week. >> and let's bring in our panel. i want to start with, shan, you have been in a courtroom, and i get the sense everybody is still stinging, and nobody expecting this, certainly not michael flynn or his lawyers and the white house did not think it
would be the case. what was the message that judge sullivan wanted to send? >> the message judge sullivan wanted to send is he is the one that makes the decision on the sentencing. he was really expressing the outrage that citizens feel at the behavior of michael flynn. his point was, look, you can have whatever deal you want. there can be whatever hubbub there is in the press about what is going to happen to you, but i am the one that makes the decision and i am telling you how i feel. obviously this was quite stunning to the defense team, and it was the worst nightmare where you walk in and think your client is getting no jail time and then we're talking treason. his message was loud and clear which is i am not swayed by publicity or your deal, i am the one that makes the decisions. >> there's talk, david, as to
whether there was a larger message in there. clapper just telling john in the last half hour or so he called it a ringing endorse of the rule of law and importance of facts? >> yeah, i was talking about that before i came on, there was a wider audience, the general public who is being told by the white house and president, falsehoods, that somehow michael flynn was entrapped and he didn't know he was talking to the fbi. ridiculous. you don't lie to the fbi. if you look at the totality of all this, flynn decorated member of the armed services, and a stellar career and particularly well known in counterterrorism, and engaged in bad behavior and then acts as a foreign agent as national security adviser. it's outrageous. the president was mad enough at him to fire him when he lied to the vice president, but now he is standing up for him asking
comey to go light on the investigation, and he doesn't call him a rat like he did cohen despite all of his cooperation. i think there's a larger message to the white house, stop with the conspiracy theories, and facts will rule the day here, and he was disappointed he didn't know more about the cooperation to render judgment yesterday, which is something of a setback to mueller's team that wanted to get on with it here. >> if the message was stop, the message was not received at the white house. it skipped 1600 pennsylvania avenue. this is what sarah sanders said in the press briefing. >> flynn said he knew it was illegal to lie to the fbi and he was ready to accept responsibility before agreeing to a delay in sentencing. given that, are you in a position or would you like to revisit your comments earlier today that the fbi ambushed kelly?
>> no, we still don't have a chance to believe we want to walk that back. >> and i think that calls for a dramatic reading. michael flynn, i was aware. to michael flynn's attorney, the judge says was flynn trapped by the fbi, flynn attorney, no, your honor. judge sullivan, are you continuing to accept responsibility for false statements? i am, your honor. that's pretty clear, garrett. when i look at this, what happened yesterday, and really what has happened all week, with the trump foundation and last week with cohen and ami, and every day that passes the facts are catching up here. the facts are beginning to dictate where this story goes. i don't know where the facts will lead. none of us does as we sit here this morning, but the facts are winning here day by day.
>> yeah, and i think that yesterday was an especially important day in this story for a couple of different reasons. the first being that this was a specific focus on the spotlight of michael flynn, which having a national security adviser who was working as an unregistered foreign agent for another country would be one of the worst political scandals in american history barring nothing else, that this is behavior from a high ranking official unlike anything we found from iran-contra, and you would have to go back decades to find something like this. this is one part of a multifaceted massive growing scandal where it's not even one of the ten weirdest things unfolding in the midst of all of these interlocking investigations. similarly for the trump foundation, and this just shows,
i think, the broadness of the legal exposure and the legal jeopardy that the president faces today, and as david was saying, part of this is just that this is a firm foundation of the rule of law that you have these checks and balances, that what the prosecutors do is being measured against what the judiciary thinks is the appropriate response, and that we are seeing a country whose institutions are actually functioning right now, and that's really an important message due to how little the white house is. >> as you look at all this, just from your perspective, you know, as a former federal prosecutor you are looking at all these things garrett is laying out, and john was saying the facts are leading us somewhere, and we don't know where but they are adding up to something. what sticks out to you the most in the last 24 hours? so much has happened but we have
heard little from the president except for wishing michael flynn good luck? >> what stands out to me the most putting on my prosecutor's house, is the way the president and the white house are behaving, to me if i was getting ready to cross examine him on the stand, i good mood. the defensiveness and anger at times, actually calling cohen a rat and then wishing good luck to flynn. these show like a total disconnect between the gravity of the office and the understanding of the system. that shows me the strain, the facts are really catching up to the president and his team. even rudy guiliani, his own spin is falling apart. he can't keep up with what is happening right now. it's the strain that shows me that there really is an enormous amount of pressure beginning to close in on them. >> it seems clear that guiliani has a specific job, which is pr, and i don't know how much
lawyering he's doing, and this signed document is the latest with that, and he was with dana bash on sunday and said the president never signed the acquisition document. chris cuomo, last night at 9:00, i have in my hands this document with the president's signature. it's clear from right there. it's from october of 2015, but clearly the president was involved in this while he was running the campaign, and guiliani didn't know. >> he didn't know but it didn't stop him from giving a representation that he did know. which it says something about the whole enterprise, whether he knew or not, i don't actually know. >> fair point. >> there's just a sign that the white house, the president and those around him just don't care about some of these things. you know, there are legitimate reasons for the president to be angry about elements of the fbi investigation into russian interference, for example, and there are individual figures, we
talked, fbi agents that expressed animus, and i would be upset about that, too. and there are things in the case of flynn, putting things out there publicly that he was many bushed and entrapped with no basis to do that, and then even when flynn doesn't back that up they refuse to move off of it. it shows you the mind-set, the kind of scorched earth mind-set. and the president's own judgment, bringing flynn on in the first place. as garrett said, this would be a huge stcandal and a larger assault on his judgment, on who comes around him. if you look at the foundation and you look at all the questions that don't have answers about his finances and his business dealings around the globe, and whether he's compromised somehow as president because of the dealings, it's outrageous. i think this is where in the new year we are going to see a lot
more focus just on this issue with a democratic congress. >> it's also fascinating, as you bring up the trump organization and finances, and garrett i will throw this one to you, in terms of what we learned of the trump foundation being dissolved at this point, they don't want donald trump or any of his three children to sit on a board of any non-profit in new york. that, as john pointed out, is remarkable on a number of levels, and also the details that money from the foundation was used to pay a $7 fee to the boy scouts at one point. those details as well, garrett, they do stop you in your tracks. even though it may feel like it's just another day. >> absolutely. i think that this is where we are beginning to see an incredibly consistent pattern about all of these investigations across all of these different areas of interests to prosecutors where
donald trump just sees no difference between, you know, his business, his campaign, his foundation, and is willing to skip past all of the rules and regulations and laws that govern how all of these different entities should be used, and that effectively all of them are turned to his own personal benefit at the expense of the legal system that we have, and that that as john said is beginning to catch up to him, and that's a decade-long pattern that we are beginning to see emerge consistently across every aspect of these investigations. >> thank you very much. appreciate it. this is something that we cannot say very often. there was a moment of true bipartisanship in washington, so how did the criminal justice reform bill finally make it to the senate floor? i think something that is getting lost in all of this discussion of bipartisanship, is
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so the senate in a rare show of bipartisanship voted tuesday to pass the most significant overhaul to the criminal justice system in decades. president trump is expected to sign the bill, and jared kushner pushed for it for months, and van jones worked with jared kushner, and he is with us now. you were literally jumping up and down when it passed. before we get to the bipartisanship, which i think a lot of people are focusing on here, and let's just talk about what the bill does. it shortens mandatory minimum sentence for firearm offenses. if firearms are used in other instances, and how do you see this bill helping, van?
>> this is a christmas miracle. you have for the first time in more than a generation both parties coming together to do something for the people at the bottom. there's no big super pac. you are not getting campaign donations and this was the right thing to do and what it means people can earn their way home sooner by getting themselves job ready and there are programs for people who are locked up and they have an incentive to come home better and not bitter. we will close the revolving door of the federal prisons, and the cbo says we will have 50,000 fewer people behind bars in the federal system, from 180 to 130,000 in the next ten years, because we are using proven programs to help people get a second chance in the country. it's a break through and christmas miracle and i cannot tell you how excited i am about it. >> how did the miracle happen, van? why was this able to pass 87-12
in the senate, and nothing else seems to get bipartisan support? >> you can't get 87-12 to change the name of a post office these days. it was an unbelievable thing. what happened was jared kushner, whose father went to prison came here on a mission, and he said we have got to do something better. donald trump was afraid of the issue at first. he was very concerned, but we kept working on him. we have 4 million incarcerated women, formerly incarcerated men like lewis reaid, and they went to the house and worked on the importance. nobody is tougher on donald trump when he is wrong, and to his credit he moved from talking about law and order to lock 'em up, saying, listen, everybody deserves a second chance and let's go to proven programs and
do it at the federal level. he became to the shock of everybody the biggest and loudest champion on criminal justice and used his power to get something done. i have conflicts with the trump administration, and prisons are not one. from dr. king's family, to shawn handy, we had the national association of manufacturers on the same page, and we cut 50 in the aclu. nobody -- people were bewildered looking at each other going is this happening? are we coming together? and we came together for the people at the bottom. a holiday miracle. >> there would be like the weirdest victory party ever if we gathered everybody here. i remember being at the funeral of george h.w. bush, and mcconnell said this was not
going to happen. cotton's people said this is not going to happen. i think without the president last week leaning on mitch mcconnell, and it may be jared kushner leaning on the president to lean on mcconnell, but without the president this would not have happened? >> at the end of the day, mitch mcconnell dug in his heels, and tom cotton, and this old outdat outdated, they might as well be wearing bell-bottoms in the way of their thinking, and we had done everything we could and mcconnell was still saying no and finally trump -- he had done gentle tweeting, and he signaled he was ready to go on this and mcconnell caved and we got a vote. and mike lee, you know, who is not somebody that people knows, and he cares about this and he was the energizer bunny saying i
think we will get 80 votes. and people were laughing behind his back, and it turned out mike lee, the most optimistic person, he wasn't optimistic enough, we got 88 votes. and there are lives out the-- l out there, it's only going to help 2,000 people. no, 100% of the women will no longer be shackled and abused when they are pregnant. 100% of juveniles will be in solitary c solitary confinement, and many can earn their way out sooner if they are job ready. this is the biggest break through in criminal justice in a generation. >> yeah, there are some who note, though, this is called the
first stepback for a reason, because it's not everything that a lot of people have been working on for a long time, including you and others have wanted. explain to me what you wish could have been part of this, if you have your dream version, what is missing? >> the critics who say there should be more are correct. much more needs to be done. you know, cash bail reform needs to be dealt with. there's still abuses at the state levels that we have not gotten to. asset forfeiture, where the police can take your property even if you have not been convicted of a crime. there are so many things wrong with the system that need to be dealt with. don't forget, 1959 they passed a small now-forgotten civil rights act, and it broke up the doors, and that went much further but you have to do something to
break the law, and dr. king said in '59, let's take the first step, and that then made it possible to get more done a few years later. that was the genius of jared kushner, and obama set the table and we almost got it done, and people got greedy. jefferies and jared kushner said let's do something more modest. i think you are going to have a second step and a third and fourth step, and at some point we are going to be able to look back on this moment and say, against all odds under donald trump the first break through forward, away from mass incarceration, took place. thank all those people, front line people, grassroots people, that made this happen, and
including jared kushner whose father went to prison and refused to die on this. i am punch drunk and probably rambling too much and i am sorry but i am glad something good happened in america. you have to believe good things can happen, even in this horrible situation, and i hope people will celebrate something good happened in america because people fought for it. >> and i know some people who believe this will change thousands of lives. thank you for all the work you have done on this. appreciate it. >> thank you. it could be the worst december on wall street since the great depression. let that sink in for a moment, since the great depression? is this a temporarily bump in the road? our experts weigh in. y the masculine fragrance.
since the great depression. you may be wondering what is going on. joining us now is a washington post opinion column northwest, and steven moore, who is also an economic adviser to the trump campaign. let's pull back for a minute. there's a lot of up and down as we know in the markets and you are told all the time by financial advisers, whether it's somebody you call on the phone or talk to somebody about your money regularly, don't look at this on a day-to-day basis, and as people are looking at this, it's hard not to look at the headlines every day and say, whoa, what is going on with the market? >> it has to do with uncertain policy, and whether we do or don't have a deal with china, and the thing with the affordable care act, and so some of this has to do with recent
policy uncertainty which may or may not get resolved, and some of it has to do with weaknesses in our economy, if you look at housing, for example, or you look at other signs there might be some lurking risks in the economy, like the inverted yield curve, but there doesn't seem to be an indication that we are like on the verge of a recession. if you look at forecasts, for example, t"the wall street journal" surveyed a bunch of economists, and it seems like there could be a recession in the next few years, and if you are worried about the stock market or economy, i do not recommend looking at the day-to-day fluctuations although they are telling about what risks may lie in store. >> i hear you laughing. is that in agreement? >> my wife is guilty. every night she calls me and says oh, honey, we lost $5,000
or gained $3,000, and then lost fi $5,000 the next day. you don't want to look at the daily changes in the stock market. it will only make you sea sick. i think the economy is fundamentally strong, and i have been studying this for 25 years and i very rarely has seen such a day divergence, and yeah, manufacturing is strong and construction is strong and industrial production is strong, and consumer confidence is still near its 30 or 40-year high, and yet the stock market keeps falling. i think the main point is that this china trade war, but i am optimistic in the next 60 or 70 days we are going to get a deal
and then the stock market will go through the roof. >> i want to play what greenspan had to say. >> are we still in a bull market? >> no, we can see it by the reaction of recent days. it would be very surprising to see it sort of stabilize here and then take off again, but it has happened in the past however at the end of that one, run for cover. >> your point, china's deal could change things and then at the end of it, run for cover. those are sobering words? >> they are. greenspan is a smart guy and he did a good job at the fed, i think he was there over a decade. he's not an oracle, and none of these people at the fed are.
i will stick with my prediction, and i put it better than 50/50 odds, as we get close to the 90-day deadline to get some kind of concessions from china, if that happens i think you will see some real jubilation in the stock market. look, i think president trump almost staked his presidency on getting this deal done. it's all right now. it's hard to predict because the ball is in beijing's court. last week we saw what a, you know, bad actor china is on the international scene with the hacking of american companies and they are stealing our technologies. this is a fight frankly america has to win. >> i will look at another fight coming up and the president seems to be picking with his own fed chair. we know we are waiting today obviously for a possible fed rate hike. these unprecedented attacks on the fed, what is the overall
implication there? what is the lasting impact? >> i think the lasting impact of this is very dangerous, is how i would put it. essentially the fed has worked over the decades, and this is a multi-decade project to establish credibility and show they are politically independent and not swayed by the day-to-day considerations, politics of the next upcoming election, and that is critically important for price stability and growth. if you want to look at a useful counter example, look at places like venezuela or argentina or italy or other places where politicians have control of the printing press, so it's critically important for them to have presence, and when trump says i think we should keep rates low because we want to juice growth a little bit, and that threatens the fed's ability and it could back fire if you
want to look at what trump's ultimate objective is. and the fed may say we don't want to look like we are caving to political pressure. they may decide that if trump is going to, you know, publicly brow beat them and try to arm twist them, which goes against decades of precedent for what presidential administrations do, they may say we need to assure markets we are independently going to raise rates. >> the fact is that three months ago donald trump criticized very severely the fed decision to raise rates and it turns out donald trump was right, that in fact since then we have lost 10% value and the economy, you know, there's a deflation now. >> that's because of his trade war.
>> the price and copper -- >> you just said -- you just said the economy is fundamentally strong. you can't have it both ways. either the economy is fundamentally strong, which justifies raising rates, or it is weak -- >> no, no, no. the economy is strong. the problem that we face in the future is a deflation because of these raising of interests rates. i want the fed to set a stable price system. katherine, we have deflation. look at what has happened -- >> we don't have deflation right now. you can look at the cpi, and there's not deflation right now. >> one thing we do have is a time limit. i have to cut you both off there. the good news is, we will pwrepbring you back and again and we are not done with this topic. thank you. >> i am going to use that, we have a time limit. who is facebook sharing your
personal data with? "the new york times" reporting that your private messages may not be so private. that's next. - [narrator] the typical vacuum head has its limitations, so shark invented duo clean. while deep cleaning carpets, the added soft brush roll picks up large particles, gives floors a polished look,
than 150 partner companies intrusive user data, something that went on for years. first of all, these internal documents we have, what do they reveal about the information facebook was sharing with the private companies? >> there's a wide variety of information being shared with the trusted partners, and they are saying the information was not misused, but the point is the public did not know about it. sony and microsoft, for example, amazon, able to obtain e-mails, private messages with friends, netflix, spotify able to read, write and delete private messages, and yahoo able to read real time posts, and access to friend lists. these companies say they did not abuse the access and some cases they say they never looked at all, but the point is is
facebook left the door open for the access, and that seems very wor worrisome. >> there are so many layers to the issue, too. if you never have done it but knew you could do it, does that raise a separate red flag? and facebook is obviously responding. are they shedding much light on this? >> the company is saying what they said all yearlong, which is we need to do better and we have problems. this is a statement from one of the companies or representatives, saying we know we have work to do to regain trust, and we need better technology and clearer policies and that's what we are focused on for most of 2018. facebook has been under scrutiny all yearlong. facebook profits from all the data, and works with all of the other companies.
the headline from the "new york times" overnight is all these other companies also were able to be in that relationship, unbeknownst to users. technically if you check the box and hit okay, facebook might say you have given permission and allowed it, but i don't think users know what is going on. two questions this morning, one, did facebook violate its 2012 agreement with the ft krfc, andt is washington going to do now to provide oversight for these big questions? >> question three is a lot of people have at home, is any of this still going on? who still may have access, and what are they doing with that? a lot of questions, not a lot of answers. thank you. the russian social media ads and posts designed to influence our election, they seemed silly and almost obvious now, so why were they so effective and what does that say about our deeply
divided society. >> john avlon has your reality check, sir. >> commissioned by the bipartisan committee, they clearly sought to benefit the republican party and specifically donald trump as early as the gop primaries, and not to mention, of course, all the requisite hating on hillary. they targeted tribes on the far right and far left, and to look through their characters of identity politic is to see how easily duped we are by dividers. for example, russian trolls targeted memes to the right in the army of so-called jesus. here's a picture of jesus arm wrestling a proxy war, and there's even an image of jesus
wearing a maga hat. and russians targeted an african-american activist community. the same time russian trolls were pumping up the blue lives matter, and supposedly gun rights memes were created and controlled by russian trolls. and also lgbt pages, and a buffed bernie, which we did not need so psee. pages that celebrated the contpco confederate flag, and there were memes that mocked politically correct culture and also attacking john mccain. perhaps most sinister is when all this fakeness aligned to attack real journalism.
now if all this is enough to give you whiplash, that was part of the point. the goal of this disinformation is to confuse, divide and distract and create anger and apathy, sometimes with the specific goal of driving down election turnout, such as this meme with the african-american community, and jill stein received more votes than trump's victory march. on the most fundamental level the russian trolls understood our identity politics divides, the kind of focus on common enemies is the real source of weakness in our society, and they exploited it with unwitting americans' help. there's a phrase used by the mass murdering founder of the soviet union that applies to these folks, useful idiots.
and that's your reality check. >> sobering, and i am not talking about the muscular bernie sanders. >> it's surreal and sobering. >> thank you very much. hacked cables revealing how the international community really feels about donald trump, iran and russia. the reporter that broke this story joins us next. [dog sfx] hey, mi towel, su towel. more gain scent plus oxi boost and febreze makes gain flings our best gain ever. gain. seriously good scent.
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there are so many toothpastes out there which one should i use? choose one that takes care of your gums and enamel. crest gum & enamel repair cleans below the gum line and helps repair weakened enamel. gum & enamel repair, from crest. "the new york times" has obtained more than 1,000 diplomatic cables that reveal serious concerns about president trump, iran and more. let's report with the reporter that broke the story. give us a sense, as we look at these, james clapper was with us a little bit earlier and he said this doesn't rise to the level of wikileaks in terms of the information that is out here,
but still it's significant that somebody thought it important enough to steal it, post it somewhere to be found and have those folks share it with you. >> i think general clapper is correct, this is not on the scale of wikileaks, which was 250,000 u.s. cables and frankly americans cared more about those cables because they were american in origin and did reveal a bit more. in this case, the hackers who followed all of the patterns of a chinese people's liberation army group i don't think intended for any of these to become public. they did a traditional fishing campaign against the european union. they got in through small and a less well defended member of the eu and then used that access to get all of the documents that appear to have gotten that are exchanged daily among european
diplomats on the eu's main network. in doing so, they briefly passed through some public sites on their way up to the cloud, and it was there that a company called area one found them and turned about 1,000 of them over, a little bit of a thousand of them over to us. what they reveal is that the diplomats get apurnssurances fr the national security counsel that president trump didn't mean what he said when he spoke with vladimir putin. they worried the russians have already put weapons in crimea. they are worried about iran re-starting their nuclear program. >> they were looking at eu officials talking about u.s. demand -- what they're hearing
from the u.s. and the u.s. demand are inconsistent. when that's the message that is going out, which is shocking to some people following the headlines, obviously, but does having this out there do any damage to relationships with these countries? >> you know, at this point given the state of relations given the european union and the united states, i don't think so. the cable you refer to is one of the most interesting. it was a private meeting between the president of china and the europeans in beijing. it was an eu-china summit in which president xi says the americans never live up to their word. president trump is bullying them, but then he goes into this fascinating story about how china has bent to stronger you
toers and now they feel strong enough to not do it again. the president views this entire thing transactionally. and xi views it as part of a long historical continuum in which the tide as turned and china will make sure it doesn't get run over again. >> certainly puts that out there, doesn't it? as we talk about all of this and putting it into context, these cables versus things hacked and leaked, what is the consideration like when area one comes to you and says we have a thousand cables that we found that someone hacked, we think you should have them, we think you should publish them, what do you think? >> very good question and we debated this at some length. here was the reason. first of all, these were posted in an open site. it is not as if we got them through a hacking process or that area one did as well, that,
you know, the chinese in moving them or whoever the hackers were, though they certainly appear to be china based did that. secondly, there were no big national secrets here. there were no nuclear codes. these were at the restricted level and confidential level. they were not top secret documents. thirdly, as we looked at it, they sort of gave a back story, one that you would frequently get in backgrounds to their interchanges with the president, with the chinese and iranians and it just sort of confirmed how they are talking to each other on it. there were no great privacy revelations here. we didn't get into personally private data in any way. they were the kind of discussions you would get in a background conversation if you sat down with european officials. >> they also pointed out that
james clapper pointed out as well this morning, they also pinpoint the fact that people have been concerned about the communications within the eu for some time. there is is question as to what this could lead to in terms of changes. we always appreciate. thank you. michael flynn's legal battle is far from over. the fbi broke standard protoc protocol. >> this judge repeatedly went back to flynn to make him say that was indeed guilty. >> they stuck him in front of a judge and said i lied and i intended to. >> we have a rule of law country. >> we saw that with the checks and balances of judge sullivan. >> he was authentically serious about trying to get something done to reform our broken criminal justice system. >> formerly incarcerated people refuse to die on this. >> to see bipartisan politics
out of washington today is a revelation. who knew it could happen? good morning. welcome to your new day. it is wednesday, december 19th in the east. good morning. i could smell the eggnog. >> i don't know what you're talking about. there is nothing in here but tea. >> all right. this morning, if you are looking for former national security michael flynn, you are likely to find him within 50 miles of washington. that's because a judge ordered him to surrender his passport and stay close to d.c. and keep cooperating until march. that is when he will be sentenced for lying to the fbi about his contacts with russia. this is not at all what he expected, really what anyone expected when flynn entered the federal court to be sentenced initially yesterday.