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tv   Happening Now  FOX News  December 1, 2017 8:00am-9:00am PST

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general flynn. and now he will be in afl and when he walks out. so, watching that. watching for more reaction. keep a very close eye on the senate. if that is the case, it is going to be a big move for him. is a lawyer will hold a press conference at his home in detroit. >> sandra: what an hour. to see you 12:00 p.m. >> jon: michael flynn in court right now, where he isn't reportedly expected it to plead guilty of charges of making false statements to the fbi. friday morning to you, i am jon scott. >> melissa: catherine herridge is live in washington right now. she is inside the courtroom. she is listening to the proceedings.
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she is going to come out as soon as she is available to report it to us on what is going on, so you won't miss a moment of that. >> jon: we understand that michael flynn has pleaded guilty or is about to plead guilty to charges of allying to the fbi, specifically when he was questioned about what he may have told the former russian ambassador, serge kinsley thiso do with any kind of confirmation of russian collusion or trump administration collusion with russia. it is a charge of lying to the fbi, and as we hear that, it is something to keep in mind. >> melissa: and grappling it with the fallout of the events,
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she is an editorial member of "the wall street journal." what is your reaction to what is going on with general flynn right now? >> just based on what we have so far, it is never prudent to perjure yourself to the fbi. and we know that michael flynn has shown a lack of judgment, shall we say, in many of his dealings. dining with vladimir putin, taking money from the russian entities, extraditing a turkish opposition leader. i am not particularly surprised about this. my question is is the fbi investigating what we found out in the first place, which was how michael flynn's name was leaked it to the press, which is the only crime, other than this perjury, that we know about so far. everything else is a speculation. personally, i would like to know how the fbi got to be warned to listen in on that conversation that michael flynn had with the russian ambassador, and who
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leaked that name to the press? because that is a crime. crime. to be do you ask the question, do we have any idea if that is being investigated? do we? >> i don't think we do know that yet. we are going to hear a lot of speculation at today about why is there not evidence of treason? who could be the next one to fall? that is all speculation. we have to talk about the facts. he perjured himself, and his name was leaked, and that is a crime, and it should be investigated. >> melissa: boiling down what you just said, he did lie to the fbi. that was the same thing that he was fired for. he lied about a conversation to mike pence. i mean, that is like his willingness to represent at all times. that is the issue across the board. it doesn't necessarily implicate the trump administration. it doesn't make them look a
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good? >> now, i don't think it makes them look particularly good. this distinct lack of judgment, that he was brought on board in the first place. he had a very distinguished career as an intelligence officer, but as he moved up the chain, some of those activities we referred to earlier, you don't want him dining with vladimir putin as a russia two-day event. you don't give that guy a national security advisory position just because he was loyal to president trump at during the campaign. so again, not surprised that the fbi called him out on a lie here, but i am wondering if the fbi is investigating this other crime that we know about and that really hasn't been talked about very much by the mainstream press. >> melissa: one of the major talking points i have heard this morning so far is that he is cooperating in terms of someone else. in your mind, doesn't necessarily indicate that? i mean, it could indicate that
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he has been at cots, and this is the best deal that he can get. would they make a deal if he wasn't turning over someone else? >> the truth is we don't know. the one thing we do know is that robert muller needs a scabbard because this investigation has been ongoing for months, and there has been absolutely no evidence of so-called treasonoue trump campaign and the russian government. he is trying to find somebody to roll out in front of the cameras and looked like he is achieving something. we will know in the coming weeks and months if it flynn has given the somebody else up. but for now, all we know is that he was caught perjuring himself, and the crime of his name leaked into the press. it still hasn't been investigated, not a lot of information on that. not a lot of attention to that, which i think is very curious. >> melissa: thank you.
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>> jon: katherine harris has done some great reporting on this. she was in in the courtroom wih general flynn. and she joins us now from outside. >> the hearing was ongoing. it started. it general flynn entered the courtroom at approximately 10:2 10:20, wearing a suit, looking very unemotional, having that sense of military discipline. he told the judge in this case that his intention to damp is to plead guilty of lying to federal and investigators, who are part of the special counsel. one of the things that is going on right now is that the judge has to be certain that a general flynn is waving a number of rights, and he is entering a guilty plea, knowing with full
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knowledge that he isn't doing i. so, we have gone through a number of those procedural stops, but there seems to be three main elements. number one, that's flynn lied about his conversations in late december with of the russian ambassador, and about efforts to encourage the russians and not too reactive sanctions that have recently been brought by the outgoing obama administration. and what we heard in the facts presented by the office is that flynn it did exactly the opposite. he encouraged the russians not to react, and he shared that information with members of the transition team, in florida, so he communicated that to other members of the team appear that there was also a conversation where flynn lied to the fbi about the substance of what was discussed with the russian ambassador over eight u.n.
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sanction. now, what is key here is that the government has a set, and flynn has agreed, that a senior member of the transition team, that is how they were identified in court, directed flynn to reach out to a number of nations, including russia, and one of the complaints of the obama administration was that's the trump of team was kind of getting ahead, acting like they were the government in power, when there can only be one administration at a time. it was not in the paper work release earlier today, and it has to do with flynn's work on behalf of a foreign government. and the government maintains that in march of 2017, so earlier this year, when he filed his paperwork retroactively for work on behalf of turkey, that flynn was misleading in that paperwork and was not forthcoming to the degree to
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which turkey was really overseeing the entire project and a calling the shots on the projects that flynn had originally said was about encouraging better business relationships between the united states and turkey. so, in a nutshell, flynn has entered the court behind me today. he has told the judge that his intention is to plead guilty. the judge is taking him through a number of procedural steps to be sure that he is understanding that he is waving critical constitutional rights, trial by jury of his peers, and that also, the right to appeal. and we expect this to wrap up in the next few minutes, jon. >> jon: is there any indication from what has transpired so far, whether he hasn't some kind of a deal with robert mueller's team? >> it not from what i have heard so far, but i would say that inside the courtroom, the judge
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who is presiding over the hearing today took out a large yellow envelope that had stamped across the front of its "to sealed it." so these were sealed documents, so he said that he would have to take a moment to go through the sealed documents. it was much more than the two pages that was publicly released today. and that could well contain more information as to whether flynn is cooperating with the special counsel, or whether he has been given some kind of concession in exchange for information. >> melissa: on that second point is that you were making about senior members of the transition team instructing him to reach out to a number of countries including russia, is it that he lied about it or that he did that? >> he did that. he did not dispute what the government said that a senior member of the transition team --
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this person was not identified. that's they directed flynn to contact a number of nations, including russia, about this u.n. vote. >> melissa: and you are not allowed to do that because there is only one president at the time? >> correct. and that was one of the complaints that they made, that's they were getting ahead of themselves. and of susan rice, the former national security advisor said that her concern was that there can only be one present and one administration at a time, and that the trump transition team, could not be making it the kind of contacts and doing these things. >> melissa: terrific reporting as always. we really appreciate it. >> jon: so we are awaiting official weight house reaction. john roberts is live out from the lawn right now. >> good morning, i have spoken with all of president trump's attorneys.
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it appears that they are waiting before commenting to find out exactly what the greater level of detail is in this flynn please that catherine harris was talking about. just those two pages of documents about the false statements, but as catherine pointed out, there is much greater depth to it. so dealing with russia, we are waiting to see exactly what all of that information is before we reacted to it. and so the one point that they could make in all of this is that flynn is being charged by the by the department of justice for exactly the same thing, according to the fbi, that he was fired from the white house for. let's take it back to january january 15. he asked mike pence about potential contacts that mike flynn and they had had with
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sergey kislyak about the explosion of russian diplomats. let's listen here. >> didn't mike flynn ever discussed lifting sanctions in any of those conversations? do you know? >> i talked to general flynn yesterday. and the conversations took place at that time were not in any way related to the sanctions. against russia or the expulsion of diplomats. >> we found out a short time later that they conversations that he was having with sergey kislyak did both of those things. flynn was asking sergey kislyak if the russians could moderate their response to the position of sanctions and to the explosion of diplomats, and sergey kislyak apparently said yes, we do that, but he neglected to tell the president about that, and that is when he made the false statements. it now, in terms of how this fits in with the overall russian investigation, we don't know yet. and when all of the information
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comes out, we will know more about it. but on the surface at the very least, it looks very similar to what happened during the bush administration. when the special counsel was looking into who leaked the name of the cia operative. he found out that it was richard armitage and the state department. they were still looking for someone to charge. finally found scooter libby. but i should point out too, that of course, is a sentence was eventually pardoned by president bush. >> jon: we will know more at the end of today, no doubt. >> melissa: so, we are covering all of this. he is pleading guilty today for making false statements to the fbi. what this could mean for the russian investigation. we will stay on top of that. also, there is other news out there. that not guilty verdict, and
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>> jon: how the mighty have fallen. the former national security advisor, one of the president's inner circle has now pleaded guilty in a federal courtroom in washington to making false statements to the fbi.
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so, what about the media coverage? making sure that viewers and readers understand this. let's bring on our media panel. chief of talk media news. conservative radio talk show host, both are fox news contributor's. if so, we know that he has pleaded guilty in. the fact that there is only one count lodged against him suggests that he is cooperating with robert mueller schema. >> my cousin, who is a white-collar criminal attorney says these guys all get in trouble with their first live. and, he clearly lied. does he have anything to sing about? those are the two questions, and the media needs to take up the issue of lying under oath because of so many of these people do it. it >> jon: yes, so much of this new president's first year in office, and it is not even a year yet, tammy, has been consumed with these charges, or
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rumors of russian and meddling, or maybe russian collusion. i think there are a lot of people who are going to assume that because the former national security advisor has no pleaded guilty that some of this has been substantiated. has it? >> obviously not, and that is another issue with the media. they wanted to keep the narrative going as long as they can. so there is still gossip and speculation. the fact of the matter is -- i will say this now, this is not going to touch the president at all. if there is any kind of deal making, we only have two other men indicted. we don't even know where that is related to. if so, if the mandate wasn't to go after anything that may come up in this process, is very much roberts noted, is that it could be something from the outside. but when you have something like this. it could just be a lot of people seem to have a faith in the fbi
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that they actually know what they are doing, we need to see if that is the case yet. but this may be the only actual thing that they have on him appeared remember, he was in fact fired from the white house, also for not telling the truth. so, he clearly has a problem with her the truth. he has made a mistake here, but he will likely be speaking about mr. manafort. everyone who is it still hoping and wishing for this to attach to the president, they are going to be very disappointed. >> jon: allred, media panel today. thank you both. >> melissa: let's take a live look at capitol hill. let's not forget such a piece of happening today. what last-minute chances the republicans are making it to get this thing up past. last-minute changes they are making. we will be right back
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we will be right back.
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>> jon: is so the former national security advisor, one of the top advisors to the present, michael flynn, has a pleaded guilty for making false statements to the fbi in the russian investigation. a live look at washington here, we are waiting for flynn to emerge. let's bring in our panel. doug burns is a former federal prosecutor appeared at national law journal contributor, and former general counsel. so, it is lying to the fbi. that is the charge, doug. you are the former fbi attorney. how serious is this for michael flynn? >> well, it is a series. it lying to the fbi, and so forth, you know, it is interesting because it can be
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just the ally, or you are involved in more conduct. again, it has all the ear markings of this, because it is a short one page charge. a plea of guilty on the first court appearance, but the larger question is wait a minute, assuming for the sake of argument that he is trying to cooperate, what is the scope of what he can tell? >> jon: well, and that is the million dollar question. there are a lot of legal experts out there today who are saying about the fact that there is only one count filed here, when the supposition is that robert mueller could have brought other charges, the supposition that there is only one filed here suggests that he is cooperating with the special counsel in the russian investigation. >> yeah, there is a major suggestion, and i agree that there is substantial cooperation here. usually, this kind of deal is
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only given by federal prosecutors if there is going to be substantial cooperation. usually, that means testifying about somebody higher up on the food chain. there are many people in this investigation who are higher up on the food chain. it is possible that it is somebody closer to flynn's level that he may testify against. we just don't know yet. but, there have been reports that he is it prepared it to testify against the president and people in his family. and he is prepared to testify that the president, as the candidates, told him to make a contact with the russians. if that is true, that is obviously an enormous develop meant, but we have to wait to see if that is true. >> jon: there are lots of rumors flying around washington right now, and we don't want to get ahead of ourselves in terms of what he knows and what he has pleaded guilty to. the fact that he has pleaded guilty to one count of lying to
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the fbi again, serious stuff. >> yes, absolutely. it is a fennel tea. it carries a penalty to 0-5 years of imprisonment. i don't really want to go there. but yeah, it is a serious charg charge. and then at u.s. attorney, ironically, gemma comey said that she had only lied to the bureau. this is a little bit of a hybrid. a mix of both. at some conduct. but he is right. the way that he lays it out, it is like you know, is he prepared to testify against underlings? those at his level? you know, there is that sort of thing. it is true. you want to work upward. go higher. and the million-dollar question, of course, is he willing, or has he told them already that he could be in a position to testify against of those very
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high ups? >> jon: does parts of this plea agreement say that he has agreed to cooperate with the mueller investigation, so it suggests that there are other issues here? >> yes, it definitely does, they would likely never give him a deal like this, a single count, and less there was something substantial. >> jon: bus that doesn't preclude him from bringing other charges down the road. >> that is correct. they could bring other charges. they also could bring other charges that the state level peered for example, new york attorney general could bring a state charge that the president could not pardon. and so, that is a substantial hammer that mueller has over flynn. in other words, if he does not cooperate as mueller thinks he is going to cooperate, if he doesn't testify truthfully, they could charge him with more, including potentially at the state level. so, that is a big, big point of
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leverage that he has. so, you are not going to see flynn sentenced until he gives his cooperation, in all likelihood. as a result, he may not be sentenced for a very long time, he may not be sentenced for years. so we have to see how this unfolds. it is a little bit early to tell. but there are a lot of ways that it could go that could be very damaging to the administration. to >> jon: again yes, it appears other shoes are you have to drop it. thank you, gentlemen. >> melissa: we are going to have much more on this breaking news of course, as michael flynn is charged with lying to the fbi. what will his guilty plea mean for the russian investigation? plus, it is the moment of truth for tax reform, as will it pass? we are live on capitol hill next. but first, here is kellyanne conway. >> they will be voting on it to today. they expect you to vote later this morning.
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this is the process. we are watching it with a great deal of optimism. the president executes the loss, he is ready to sign into law before the end of the year
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circulating right now, it is coming from abc news. he is reporting that michael flynn, as part of this plea, is prepared to report that candidate president of trump ordered him to reach out to the russians before the election. this is different than what the president has said in the past. and it is also a big no-no, to say the least. and we are getting reports these are not verified by fox news. this is what is coming from abc news. and i bring it up because i want to let you know why the dow is moving. it is trading lower on of those unverified reports right now that are coming from abc. obviously, this would be a big deal. our sources are checking it right now, and we are going to stay on top of it and report back to you. in the meantime, joining me now, director of the national security institute, at a george mason law school, he is a former national security advisor at the
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justice department, under president george w. bush. so, thank you for joining us. what do you think of the event so far today? >> michael flynn agreed to plead guilty to a single count of lying to the fbi, underlying charges related to his conversations about sanctions, and about a u.n. vote. so, a big play, obviously suggesting that he is cooperating. what that means, though, is totally unclear. you are right, there is this. it we don't know what flynn is going to say. that, i think is the bigger question. that is what is really out ther there. >> melissa: if you listen it to catherine herridge's reports, there are sorts of three components to it. the first is that he said that he did not encourage the russians not to overreact. and you know, didn't talk about that conversation. it turns out that was untrue. it was part of the plea, that we are learning. and the second piece was that he
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is going to say that a senior member of the trump administration asked him to reach out to a number of countries on their behalf. including russia. and this was before he took office. now, if you match that with brian ross's reporting, he may be saying that's that senior member was in fact president trump. that would be a pretty big deal, no? >> the question of what an elected administration can and cannot do, what they should and shouldn't deal for january 20th is a hard question. should they be reaching out to foreign countries and talking to allies about what their policies are going to be? that is a hard question. it is a policy matter, as a legal matter, unclear, right? >> melissa: if you really read into what he is a saying, he says candidate, not president-elect. so, is he saying that he told him to reach out before he was elected? that would go over to the
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question of collusion and everything else. of >> exactly right, so the charges are in that. before the election, exactly right, we don't know. all that we have is the brian ross reporting, and we don't really know what flynn is going to talk about, what he has told them. he has said what he knows about. so, the mueller team thinks that there is something there, but we don't know what. it could be charges against a lot of people. i guess i would caution folks against jumping to conclusions on single reporting at the same time, certainly, folks should be concerned if it flynn is going to be cooperating. he was very in close to the whole operation, and he knows a lot. >> melissa: the third component was that he was not forthright about the work that he was doing on behalf of foreign governments, and that has to do with those turkish
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business dealings, sort of misleading the fbi and the mueller team to believe that it was the u.s. and a turkey working together, when it was really turkey that was calling all of the shots. and you know, he didn't represented that way when he was disclosing you know, the different relationships that he had in the past. taken altogether, these are pretty serious charges. >> yeah, melissa, i think you are exactly right. since he has pled of this one count, there are potential other charges that they could have brought. we have got all of the stuff in. we have the administration charges, we have this one thing, we have your rights. we have transcripts that say that you said one thing, you told us you didn't. this is a problem for you, so you agree to plead for that account, probably in exchange for some cooperation. that will likely come out on the road. so that is what we should all be focused on, what that looks
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like. but it is hard to know right now what that cooperation means. >> melissa: the defense to this point means when you are elected to office, it is perfectly natural that you would want to start to have relationships, and try to point to people as part of a transition team it. you are an expert in the field, does that fly? or do you need to wait until you are actually present? >> there is the law, and there is policy. certainly, you prefer to let the current administration and do their job. does that mean that you don't reach out and a talker? of course not. are you asking other countries not to do certain things? that is pretty aggressive, right? so this is harder to know. as a legal matter, it is a much more difficult question. i am not aware of what laws govern that space. there may be lost. i kind of doubt it. we will see going forward. does this lead to something else? and that is the really hard
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question here. >> melissa: thank you so much. i just want to remind our audience that this is what to catherine herridge has been reporting because i trust her. i want to stick with that. senior members of the transition team directed flynn to contact nations, including russia, over u.n. at december votes. flynn said that's the government facts that there are correct on that. on december 29th, flynn it tells it senior members transition teams that russia will not escalate after obama administration retaliates for interference in the u.s. elections. this is after a series of calls between a flynn and the russian ambassador. a lot there. >> jon: all right, so the verdict is in indicates family murder trial. not guilty. her family is still in
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disbelief. what the department of justice isn't saying today about this tragic case. (hard exhalation) honey? can we do this tomorrow? (grunts of effort) can we do this tomorrow?
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>> jon: the reaction is pouring in now after the acquittal of an illegal immigrant in the murder of kate steinle, in the deadly shooting. president trump is saying "a disgraceful verdict in the case, no wonder the people in our country are so angry about illegal immigration." we have more on the aftereffect. we will get to that in just a moment. all right, this is a live bacchanal outside of the u.s. district court in washington, d.c. the disgraced lieutenant in general, former lieutenant general michael flynn leaving the courthouse there,
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after entering a guilty plea. he has also released a statement, and as we wait for the image of general flynn at leaving the courtroom, surrounded by the protesters and perhaps a few supporters, i wand to read this to you. the general says that after more than 33 years of military service to our country, including five years in combat with my family, and then my decision to continue to serve the united states, it has been extraordinarily painful for me, to endure these many months of false accusations. there goes general flynn again, after pleading guilty to a single count of lying into the fbi. the fbi parts of the robert mueller investigation, charges of russian modeling with the u.s. election, and perhaps collusion from a somewhat members of the trump committee. at any rate, let me get back to
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reading this statement and out from the former national security advisor. he says it has been extraordinarily painful to endure these many months of a false accusations of treason and other outrageous acts. at such false accusations are contrary to anything i have ever done, and i recognize that the actions i took in court today -- i acknowledged and courted today were wrong, and through my faith in god, i am working to set things right. my guilty plea and agreement to cooperate with the special counsel's office reflect a decision that i made in the best interest to my country and my family. i accept full responsibility for my actions. once again, that statement from a retired general michael flynn. let's get back to the kate steinle a british now. surprisingly, not guilty. from our west coast verdict. william. >> welcome of the big news is what happens next. the justice department surprised everyone this morning. they have now charged him with
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felony reentry. because he has five deportations, he could get up to ten years from a federal judge, not a san francisco jury for reentering illegally. but this trial was never about immigration. the jury never knew about his legal status or his prayers. was it murder or an accident? with no motive or intent, the acquitted zarate of manslaughter, and assault. he was found guilty and about possessing a weapon. blamed steinle's death on the gun going off on its own. >> the physical evidence has always supported the finding that this was an accidental occurrence. and i think the jury came to that conclusion. >> jon: it now, prosecutors said that he deliberately fired then ran away. last night, jurors asked her to examine the gun, which they claimed had a hair trigger.
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later, jurors rendered a verdic verdict. >> the verdict that came in today was not the one that we were hoping for. but, i think it is unequivocal. both sides gave it their all. >> now, they're sticking points where the spirit of no motive. also, it showed that the bullet ricocheted off the ground, suggesting that he did not aim at steinle. said that he should have gotten manslaughter, we are shocked and saddened, justice was rendered but not served. an outcome of the justice department said this morning this is not over. and garcia zarate could be kept in prison for years. >> we will again prosecute this to the fullest extent available under the law because these cases are tragic and entirely preventable. >> so, sentencing is in about two weeks. he could get time served, which is about two years. there is a warrant for him, so
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san francisco cannot let him out of jail, if you will come back out on the streets, but we will have to see what the doj does going forward. back to you. >> jon: again, just an incredibly sad story, and a verdict about surprised so many people. thank you. >> melissa: news breaking in a big way this morning, as republican leadership on the hill struggles to steer the tax reform bill to the floor. whether they can actually get it done today. that is coming upde next.
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>> jon: it now, the sox alert on a very busy news day. the tax bill getting closer, after they hit something of a speed bump overnight. concerned that it would drive up the deficits. senators going back to the drawing board. mike emanuel is live on capitol hill with the latest. mike. >> yes, i spoke with a member of the senate republican leadership moments ago. he told me they are looking goo good. they have at least 50 yes votes, enough to pass the bill. the wild cards at this stage are jeff flake of arizona, and bob corker of tennessee, who have both been concerned about the debts. adding about $1 trillion to her deficits, it alarms them appear to ron johnson says he is now a "yes." johnson says he has reached an agreement to increase it from 17% to 223%, which he and a colleague say is a big won for
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local job creators. >> i planted to vote yes. >> this is a historic moment for our nation. it has been 33 years since we have had comprehensive tax reform and tax cuts. these moments come along but once in a generation. >> jon: they would love to get to all republicans on board, but if it is 50, vice president mike pence company to break the tie. they tried to send it back it, and a three g.o.p. holdouts last night threatened to join democrats. a senator who lead that effort talked about what they want. >> i know that there are at least two dozen, 20 or 25 democratic senators who want to do tax reform appeared but they want to do it in a targeted way that will in fact stimulate economic growth and not slam so much toward the wealthy. and do it in a way where everyone understands the implications. >> the question right now seems to be the timetable.
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we should get a better assessment of that shortly. a john. >> jon: i think you, mike. >> melissa: congressman facing growing at calls are from democrats to resign, have been multiple accusations of sexual harassment. the latest on the upper is still ahead.
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>> jon: eight fox news alert appeared it take a look at the doubt. it down 161 points, although it was worse earlier today. there is a lot of uncertainties surrounding michael flynn. he said that a senior member of the trump transition team directed him to make contact with russian officials in a december 2016. whether that's implicates higher ups in the administration is yet to be determined. a-determiner >> melissa: so i want to point out that the
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market has it bounced back. it it tanked about 150 points when we got that report. he may implicates what was implied there. i see two things are going on in the market chatter. number one, traders are doubting that report. they are rethinking it. the second thing is they are talking about tax reform, and the idea that they now feel like they are not enough votes there. and that is why we are seeing this rebound. >> jon: it thanks for joining us. "outnumbered" starts now. >> the presence form a national security advisor pleading guilty today to lying to the fbi. he lied about his communications with russia's ambassador. and now, he is admitting and courted to lying to federal agents about that contact. this is "outnumbered." harris faulkner, lisa boothe,

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