hugs from family members and friends. they have been there for a long time. down to a prison population a little more than 50 folks, used to be hundreds. are you worried? tomorrow, we explore the fallout from gitmo. good night. >> hi, i'm greg gutfeld with kimberly guilfoyle, dana perino, "the five" ." ♪ four ghouls are in jail after posting a facebook live video where they tortured a mentally disabled young man, kicking and beating up the tied up special-needs victim, burning him with cigarettes, cutting his scalp. he is in the hospital after being found dazed on the street. on the video, you can hear the shouts of, "make america sick again," and
" >> [bleep] donald trump. [bleep] white people, boy. [bleep] them. [bleep]. >> goof. >> [bleep]. >> my sister said that's not funny, y'all. >> [bleep]. >> so that sounds like a hate crime, yet, for some, it is still a debate. speak up motives here matter. we start going around any time someone says something or does something really egregious, really bad, sickening in this instance in connection with the president-elect or donald trump or even president obama for that matter because of their political leanings, that is slippery territory, that is not a hate crime. hate crimes are because of a person's racial ethnicity, their religion, gender, disability. your political leanings because someone doesn't like your political leanings, that is not a hate crime. >> translation, these days a hate crime must always validate
assumptions about a bigoted american, meaning it must be purchased created by angry whites who voted for trump and later proven false. this one, here they filmed any proof. they are not just evil but stupid. it is black on white crime, there is no hijab on the victim, it doesn't fit the media narrative. that is my hate crime laws sucks. they obsess over whether it qualifies or not rather than focusing on the crime itself. but it shouldn't divide us over classification, and we shouldn't relate not pay attention to what thugs thought, better that we define ourselves by our own clear eyed punishment, because a violent crime is a hate crime no matter who the victim is. the last point, what about those who watch this on facebook who didn't call the cops? what do you make of them? the silver lining, crimes like
these still managed to repulse us, but what if they didn't? dana, after these things happened, they go over the hate crime classifications. it doesn't qualify, does it not? it is like, why? why not just focus on the damn crime? >> i have been interested in kimberly's take. as a prosecutor, there are reasons you might want to have a hate crime designation. in this case, i think that the potential for human aggression and depravity is astonishing, and it is moments like this where it doesn't matter to me what color they were. it was such a horrible, disgusting crime and obviously all of our hearts go out to the victim and his family. i do think that last night's debate, immediately after the story broke on cable and on twitter, it just became something like the teen team st
aspect. we have to choose sides about whether this is a hate crime? this is a sound bite you play, all the things they listed as two, these are reasons it would not be a hate crime. if you're disabled, political leanings. the distinction gets completely watered down unless it fits their narrative. >> kimberly, can i show you come up from the presser to date in which they talked about the hate crime requirements. >> for a hate crime, what specifically are you looking at? >> well, again, his diminished mental capacity, the fact that they tied him up, the obvious racial quotes that they post live on facebook. taking the totality of the circumstances, the state's attorney agreed with us, we sought hate crime charges and they agreed. >> reporter: just to be clear,
you mentioned the mental capacity. with heavy emphasis or the strong point or was it the racial comments? >> half a dozen of one, six of the other. >> with all of these awful things going on, isn't it obvious that it is just hate? why do need the extra -- >> it is important so you properly classify it. it also has extra sentencing enhancement when you have a hate crime. there are number of charges they can make, been charged with aggravated kidnapping and false imprisonment, a number of things depending on what they call the different violations. these are all felonies. this is a very serious case. if i were a prosecutor i would charge it as a hate crime. it does meet the requisite qualifications in that particular state. they were very specific in their language. you don't even have to rely on the victim's word for it, they have it on tape reading plato to a jury, you think they are going to be sympathetic?
there are a number of ways they can get it, and the officer and dar specifying that they can do it. then also donald trump and the fact that they picked on somebody who was special-needs and a disabled man, that also qualifies for it this isn't even a question. for those who are saying this, it's because they don't know what they are talking about and haven't prosecuted these cases like i have. >> basically icing on the cake in terms of punishment. i don't think you need to to gs severe as possible, but hate crime. >> it's funny how this media has the huge appetite to cover hate crimes, but when it is black on white, they don't want to touch it. everybody knew it was a hate crime. the only people who didn't call it a hate crime is because they didn't want to call it a hate crime. don lemon said this isn't evil. i don't know, if this isn't evil, i don't know what is. cnn called it a beating.
this looks like torture to me. they refused to weigh in on whether this was a hate crime, said it was an active investigation. how many active investigations has the white house weighed in on? we know if this was on the other foot, if this were white trump supporters doing this to a young black disabled man, the president would be weighing in, sharpton, jackson, trump would have to answer the for this, white america would have to answer for this. when you hold different races to different behavioral standards, i believe that is more prejudiced, that is almost assuming that certain races aren't equal, and that is what i have a problem with. >> what do you make, juan, of the facts -- they found out about this because the neighbor called in. the people watching on facebook, i still haven't figured out if anybody who watched it actually called the police. that kind of creeps me out, right? >> obviously here in new york, i forget the name of the woman who
was being attacked many decades ago and people said no one came to her aid. i'm not sure people believed they were watching something -- no, another one, before that. somebody in an apartment building was being abused and everybody knew it, everybody said they could hear her scream. >> it is an urban legend now when they found out people that actually did something. >> i'm not sure people watching actually knew it was real as opposed to something that was faked. to join the earlier conversation, i don't even question about the hateful and racist nature of this crime, but where i would object was, there is some distinction to be made, if the shoe was on the other port, if this was a black person being abused by white people that there would have been an outcry. we have instances where that happens, i don't think there is any immediate shouting. there was a case where a black kid was taken by some whites and abused by a hanger. i didn't hear about it until
today. speak with a barely covered this on the broadcast news last night. >> i heard about this last night. >> most of the wire copy didn't even mention the race of the purpose. >> initially -- >> tucker carlson had this on at 7:00. >> it right, i heard about it right away. okay, i am out of my mind on lots of topics, but as i said to you, in reading about this, i see where this happened to a black kid. >> a classmate of one of the suspects, held for a minimum of 24 to 48 hours and his scalp was cut open repeatedly. i think everyone knew this wasn't a joke or staged. >> i don't know that. people watching, to your point, greg, i'm not sure if they understood the horror, that this was real, this was blood. >> people commenting on facebook, this is not funny,
this is awful. >> but, anyway, whole issue is one of, is this legitimate in terms of people saying this is a hate crime. i don't see that this needs to be an argument about the hate crime. although i remember with some intensity what happened to george w. bush when he was governor with texas and the speller was dragged by some whites behind the truck and the naacp went after him at that time and said that he was not sufficiently upset because it was white people who did it. i thought it was totally illegitimate. i thought it was totally about hate crime statutes. it wasn't about the horrific nature of the crime. it gets gets used on both side. it's not like dylan roof doesn't exist, doesn't lead to more racial hate and racial -- >> are there going to be satellite trucks parked outside this trial like there were at
dylann roof's trial? i bet this gets much more coverage than dylann roff. >> i bet this is going to get a ton of attention. >> i mean, dylann roff killed people. i would keep them -- as heinous as this is, that was -- >> and to try to tie it to donald trump and say this is going to be tied to him because racial things are tied to him, this is outrageous. no, this is a hate crime committed by four eager suspects who actually said they hope to this video would go viral and held him there for an extended period of time. >> they mentioned donald trump's name. >> i have got to tease juan for telling me to go. coming up, intel chiefs grilled over russia's meddling.
to defend findings that russia interfered with the 2016 presidential election. james clapper and mike rogers, head of cyber command say they have never seen a more direct campaign to tamper with our election and the point to the very top. >> do you think this was approved at the highest level of government in russia? generally speaking, is that right? >> that is what we said. >> who is the highest level of government? >> the highest as president putin. >> good question. does the hacking actually change the outcome of the election? >> what were talking about, if they succeeded in changing the result of an election, which none of us believe they were, that would have to constitute an attack on the united states of america because of the effects if they had succeeded. would you agree with that?
>> first, we cannot say it -- they did not change any vote tallies or anything of that sor. we have no way of gauging the impact that certainly the intelligence community can't gauge the impact it had on the choices the electorate made. >> so that is basically what we thought they would say, which is that russia was trying some funny business. it was unprecedented, but nobody can say it actually had an impact. >> russia provided hack material to a third person to walk to wikileaks. so all use the 18 kissers who were saying they didn't get it from russia, duh, we knew that. i don't care about that, i don't care, i don't think this is about phishing or hacking anymore. we need to talk about, what are our deterrence.
if you blow us, we blow you up, we don't have any policy on this stuff. when they come after our power grid, if they get our hospitals, if they get our banks, if everything shuts down and the united states has a week with no food, no nothing, what do we do? no food. they shut down the power. no food. my point is this. you have to have a deterrent. we have to have a nukable offense. say, if you attack our power grid, we will nuke you. >> they don't have food and russia anyway. >> north korea, any kind of agent, sanctions aren't going to scare anybody. we can think about retaliation. we have to think about prevention. how do you make it clear to these people that if they do this, they all die, because sanctions isn't going to do it, and retaliation with cyber attacks isn't going to do it. you have to threaten them militarily. >> this is an astonishing thing,
kimberly, here and you have government officials saying threats are increasing the cyber world. but that we don't have a deterrent and that we have a lot of work to do. this isn't a new problem and probably one of the reasons people are frustrated with washington. the last eight years can't point to having something like greg is talking about. >> i think the stresses and emphasizes the point that they need to overhaul and make some serious changes so that we can do something about preventing this in the future. then there is a healthy bit of fear of reprisal and action back towards them if they are going to do this. we don't want russia, north korea, any other state agents coming against the united states, trying to influence and interfere in our election. we can agree on when that. if you agree that russia had something to do with this, it seems so. we also know cleat was presented today that no one can articulate or specify in any way that this affected the outcome of our election.
no one can say this. so there you go. we take it from there. what steps do you take. continue to do the investigation. then let president-elect 45, donald trump, make the call. >> speaking of donald trump, the nsa director was asked against donald trump's recent feud with the intelligence community. here is what he had to say. >> how has the president-elect at least encourage this dismissive attitude towards the intelligence community broadly impacted morale in your agencie agencies? >> well, haven't done a climate survey, but i hardly think it helps it. >> i don't want to lose good, motivated people who want to help serve this nation because they are feeling they are not generating value to help this nation. >> today, donald trump tweeted, "the dishonest trunk likes to
say i am in agreement with julian assange. wrong. i simply state what he states, it is for the people." >> what does donald trump say? he even loves the uninformed unintelligent people. i am so sick of this story, i am bored of it. i think it is like the dog ate my homework, they are masquerading fact that hillary and obama got embarrassed. if someone robbed your house, would you come up for six weeks straight, tell the entire community, i got robbed. it makes america look weak. we are trying to to go after russia. russia is trying to go after us. we lost this round. just, you know, get an alarm system and maybe go after the guy who did it. i went advertised to the whole
world we got smoked. it's embarrassing, i'm sick of it. it is the stupidest story. and podesta gave the email and password to the guy who tried to hack him. that is just dumb. >> password, "make america sick again." >> yeah, the password was "password" ." >> saying you have a system. i spent 45 minutes -- coat >> then it says to put it in, you put it in again, it says rejected. >> let me just say, i think this is a bigger story, just wants to make it political. i think this is a real story. the real news to my mind was, "the wall street journal" reported that the president-elect's team wants to restructure the entire intelligence community. >> didn't they walk that back?
>> no create a trump said, the tweet we heard, the phony media or the lying media. >> the lying media. said that the story was overwritten, overblown, and i do think that there will be some legitimate reasons to reform some parts of the intelligence committee. probably not going to happen. unfortunately, got conflated and connected to the russia story when i think that revamping the intel world had nothing to do necessarily with this specific issue. >> absolutely right. what you have is the proliferation of various agencies to the point where we had to create the director of national intelligence. >> that has not worked out well. >> a lot of loose strings, that guy repeating what this other guy is doing. but to come back to the hard notion here that this is just about politics, i don't think so. i think it really is about abuse of our political structure by a foreign government.
>> why isn't obama doing something about it as a lame-duck? >> what's interesting, jesse, the left is angry at obama for not having gone harder after the russians when it was first recognized, and this has been recognized for months. you know what he said? you don't want to overreact to these people. we don't want people to think they have the ability to influence the election. >> now, because hillary -- now we're going to -- speaker at the other part of this, i don't see that donald trump benefits from making enemies in the intelligence community. >> that hurts morale. >> with got to split this issue. i agree, the russian hacking thing is not the story, the story is our future when it comes to technology. those men have to go home and do their homework sent talk about what attacks could happen. it might not be an isolated agents.
but we have to think about, what is the deterrent, how can we make it so it never happened. we don't have the threat anymore when we had the cold war with the nuclear bomb. we have to think that way. >> you know what, putin, you are really smart not to respond to what president obama has done in terms of sanctions. what kind of message is that? >> coming up. i just want to keep going. so much for civility. turning into a war of words, trump calling schumer a clown and schumer firing back.
>> make america sick again? is that with the republicans want to do? >> all that will do is make america sick again. >> well, that triggered this response from president-elect trump. quote, "the democrats led by chuck schumer know how bad obamacare is and what a mess they are in. instead of working to fix it, they do the typical political thing and plain. the fact is, obamacare was a light from the beginning. keep your doctor, keep your plan. it is time for republicans and democrats to get together and come up with a health care plan that really works, much less expensive and far better." minority leader schumer fired right back. >> i say to the president-elect that this is serious, serious stuff. people's health is at stake and people's lives are at stake. now, we understand that president-elect trump is in a
difficult spot, that republicans are in a difficult spot. they want to repeal aca and have no idea how to replace it. but instead of calling names, president-elect should roll up his sleeves and show us a replacement plan that will cover the 20 million americans who gained coverage. >> oh, my goodness. please pick up your head. >> i know. >> the sister at our lady of mercy grammar school would have been like, chuck, you must enunciate, you must make eye contact to be a good communicator. >> three days in a row we have had clips with him, i miss harry reid. >> i think they have come to the realization that the death spiral of obamacare is upon us and there is nothing they can do to stop it. they are going to help
accelerate the demise of it and pin it on donald trump, and that is why they have come out with this thing where everybody says the exact same thing, "make america sick again, make america sick again," which people will get sick of real quick. most people, i think them out there in the world want to repeal it because they want a better system, more affordable, something they can rely on which is what they don't feel like they have now. >> it right. jesse amount why is better a bad thing. >> well, it can't get any worse. it's like the patient has gangrene, republicans are about to amputate this thing and donald trump is saying whoa, we are just trying to make the patient better, why are we getting the blame? that's what you have to do sometimes, cut off the leg, rip off the band-aid. >> i don't want you to be my doctor. [laughter] >> no one does.
>> an example of obamacare. >> the democrats cause this, trying to shift the blame, just trying to make a soft landing for the people who had it and quickly for the employers getting hammered. i don't trust washington politics to solve this. it's going to be a mess. i don't think anyone is smart enough in washington to solve this quickly. it's going to be a disaster either way you write it. but chuck schumer -- i love the schumer clown slang. this is like the new lions head, the new crooked hillary. it's delightful. the more i think we see chuck schumer and the more we see nancy pelosi is the spokespeople for the democratic party, i think that is great news for republicans and donald trump. >> bad for your team, juan. >> i don't think it is bad at all. here is the other side of this story. i think democrats are saying, hey, you're right, 20 million people lose their health
insurance, let's see what you do to them. >> hasn't president obama already gotten them off those plans? >> no, i think there are consequences -- individuals in the private market who saw they couldn't keep their doctors, who set their premiums increase, and they were the ones who were aggrieved and had the legitimate grievances, and small businesses and small business owners. >> you think obamacare is doing well? >> yes, very much. >> you like the premium increases? you must have a lot of money, juan. >> the fact is, premium increases are less than they were predicted to be. >> he was supposed to reduce them and -- >> they have not even reach the level they were predicted to be. >> can we get an obamacare timeout? greg? >> i am more offended by the fact that we keep referring to the term "clown" as an insult.
being a clown, you make children happy, everybody everybody lov, a lot of our most famous americans started out as clowns, like willard scott, willard scott, willard scott. lou dobbs. >> oh! no, no, no. >> i hope this is the extent of the conflict that we have. if we have four years of these cat fights, like watching four years of bravo. if our conflicts are small and catty, that is good. >> health care? >> you know what -- well, it's almost over. speak up my point earlier that i couldn't say was that, in fact, medicare, medicaid, social security, i think that's why the democrats -- if you have trouble this, republicans, we'll see how the voters react. >> you guys lost the last
election because of obama. >> on the right, we've got to go. keeping the clicker on the word count, i think you can figure out at home who is winning the bingo. coming up, president obama attempting to defend his legacy as he prepares to leave the white house. his farewell letter to the american people when "the five" returns. tech: don't let a cracked windshield ruin your plans.
trust safelite. with safelite's exclusive "on my way text"... you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) safelite repair, safelite replace. ♪ >> in 15 days, president obama will leave the white house, and he is proud of what he has accomplished over the last eight years. in an exit memo to americans, he says, quote, " by so many measures, our country is stronger and more prosperous than it was when we started - a situation i'm proud to leave for
my successor. >> the obamacare, the obama legacy is going to be's so small, you're going to need a microscope to find it. >> he says it is because they have lost so many congressional seats. >> when we have lost the house, when we lost the senate, when we have lost 900 legislative seats, two-thirds of the governor's chairs are now controlled by republicans, may be, maybe something is fundamentally wrong with the democratic party. i think within the democratic party more and more people understand we have to change the dynamics, we have to open the doors to young people, working people come up we need to bring a lot more people into the process. >> so, dana, there seems to be a difference, obviously republicans don't like obama. democrats like obama. the numbers in terms of his approval rating, very high for a president leaving office. how do you argue, how do you think about, in fact, whether or not he has been a successful president? >> i think when you ask legacy questions come up one of my
favorite things is what george bush used to say to me. the president is going to ask you what you think your legacy is going to be, last year, i read three biographies about george washington, and if historians are still analyzing the first president, than the 43rd doesn't have a lot to worry about, you'll never know. if you talk to the press secretary to george h.w. bush, he said the data left in 1993, he never thought people would look so fondly back at that presidency and hold 41 in such high regard. it is hard when you're leaving the white house and the opposite party is coming in for you to make the case that you have done such a great job. but he is going to make it. one of the reasons he wrote a letter like this is so it can be in his library one day because he is going to try to write the history first. >> in fact, what you see, people like newt gingrich, going to tear apart this man's legacy and a matter of days.
>> they are going to have to start downsizing obama's presidential library. soon. there's not a lot to go in there, juan. the only thing he has left stronger has been the republican party, domestically, obamacare is going to be reduced to rubble. internationally, the iran deal, he got troops out of iraq, and he killed bin laden. i think only one of those three things is going to stand the test of time. >> and he spent a lot of money. >> huge debt, flat wages, weakest recovery since world war ii. i think socially maybe oversaw a lot of progress, as you guys like to say, on gay marriage and read and social justice. i don't know if the country was going at the same pace he was, i think there was some backlash. i think he will be remembered symbolically as the first black president, and i think that is the main thing that everybody should be most proud of. >> kimberly, he put out this memo we've been discussing, and he says, unemployment is down,
median income up, gdp, federal budget deficit is down. speak up median household incomes have dropped. >> individual i think is what i'm looking at here. >> he talked about the auto industry. are those legitimate claims? >> i don't know. not a good time to get a car. are you kidding me? we've been exporting america. jobs leaving come up money leaving, corporations leaving because this has been a hostile environment, overly regulated, overly taxed, and we are like the third-highest in corporate income tax rate in the world, okay? 38.92%. this is not anything that is encouraging people to do business here. that is part of the reason why donald trump was elected, when you look at the exit polls, people talked about the economy, jobs, having money in their pockets and wallets and not being apprehensive about the future and about the direction of this country.
obama is personally popular. his policies have not been. >> i was going to say, i was going to ask you why you voted for obama, i realize you didn't this their time. the a lot of people say the bigt point of failure, despite his popularity, people didn't vote for his chosen successor. >> we have 500 new gender pronouns we didn't have before. we have a whole new class of grievances. millions more men in skinny jeans. i think that is great. >> man buns. stickup man buns everywhere. video game usage is everywhere. why do we care? >> thanks, obama. >> he is leaving and two weeks. bring your ex-girlfriend on your honeymoon, you did a great job, best progressive leader i've seen in my life, two weeks, shake hands, we are good friends. >> i think mrs. clinton is going to shake donald trump's hand at
[laughter] >> fake news out there, but this story is true even though it sounds hard to believe. you all know dan rather, one of the pioneers of fakeness, disgraced after a report on former president george w. bush more than a decade ago. wants to know what he is up to now? teaching students about truthful reporting. that's right. he is teaching an online course focused on ethics in journalism. we found out the first guest lecturer is going to be "rolling stone" magazine, okay? does dan rather even remember why he got in trouble? >> >> his life was so easy back then. he had no competition. three channels. going to the cheesecake factory and there is meat loaf, meat loaf, meat loaf. you know what, he is missing the boat. he should have a dating show called "would you rather" and the woman is offered either a date with dan rather or a date with some other man or woman, because it is 2017, america, but
"would you rather," and at the end of every show, he lives with a girl. >> i love it. not even an online university, an online university. >> that is the future. 85 years old and on top of the future of education. i want to give a shout out to a man at the daily signal entrance that web site -- and runs that web site, he broke that story on september 9th, 2004 where he said that the documents may have been forged using current wordprocessing programming, according to experts pretty blew away "the new york times," "the washington post," everybody was following dan rather and it was a blogger who figured it out. >> are you comfortable with this? >> i think dan rather is a good journalist but he made a terrible mistake. the question is, can they sell this? i think a lot of people would
buy the idea of a great name, dan rather, cbs, although they disassociated themselves from him, as someone you can go to and talk to about, and the age of fakeness, what is real and not. but, boy, it opens the door to charges of hypocrisy and double standards. >> matches the banner. loves it when that happens. >> we know what you think of dan rather, but we've got to go to the break. >> would you rather? >> you play. "one more thing" is up next.
♪ >> "one more thing," kimberly. >> you may remember taylor schofield, the wonderful young man we met in 2015. he was then suffering from kidn and thanks to the make-a-wish foundation, he got the opportunity of a lifetime, living his dream to be in times square and ringing in 2016 along with his wonderful family on national tv. now i have an amazing update from the family. his dad and mom, on october 18th, he received his dad's kidney at ucla, and for the first time in a year and a half he would not have to rely on a dialysis machine to keep him alive. both taylor and his dad came through the kidney transplant with flying colors and taylor is enjoying his new freedom and feels in incredible. what a wonderful young man, a phenomenal dancer, he and i
danced the night away from a very nice with parental approval. he is full of life and energy, god bless you, taylor, and to your family, big case. >> me, that's me. generate 28th, after the inauguration, you're going to want to go to warner theatre in d.c., right there, a night of dancing, crying, laughing and singing. it is called "short stories," we will talk about -- january 28th, go to ticketmaster.com to get your tickets. now it is time for something ne new. "greg's honesty news." this is an amazing study, two studies have found out that people who swear more are more honest and people who swear less are dishonest. what does that tell you? swearing more is real. you get to your genuine self when you are real, less likely
to cover things up. speak up more of a visceral response. >> oh, she swears like a -- >> oh! let me tell you, i have a very good friend who is very honest but she would not want me to say her name because her mom watches the show. >> am i next? nominations now open for the 2017 armed forces insurance military spouse of the year. open to all military spouses in each branch so they can be recognized for their commitment and sacrifice. you can make nominations, going to put it up there for you. six spouses will be chosen to represent each military branch, and then in overall military spouse of the year. a great program, and the winners will be announced on february 12th. >> juan. speak up for my fellow aging athletes. yesterday, 105-year-old cyclist
cycled into history, becoming the oldest man to break that fast. when he was younger, when he was a kid, they told him he would never achieve anything in cycling. after the race he said he wasn't even tired, he could have gone faster. in fact, he did when he was 102, but he missed the noticed for the last lap. >> jesse. >> your member the clown who went after ivanka trump on the plane. i tracked this guy down. here is a little take. you harassed a woman with her baby on a flight. you proud of that? real class act, aren't you? now you are afraid to show your face. >> wow. >> the full confrontation will be on my new show, "waters world," weekly now.
and kimberly will be a guest. i remember that. >> all right, set your your dvo you never miss an episode of "the five" ." "special report" is up next. >> a multifaceted campaign, hacking, propaganda, and fakeness. intelligence leaders double down on russia's efforts before the election while the president elect pushes back on reporting plans for a major intel revamp. this is "special report" ." good evening, welcome to washington, i am bret baier. the top leaders in the intelligence community stand behind the assessment that russia was behind the acts leading up to the 2016 election. during testimony today on capitol hill, intel leaders told lawmakers the highest levels of the russian government directed or were aware of