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tv   The 11th Hour With Brian Williams  MSNBC  December 19, 2018 1:00am-2:00am PST

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>> all right, congresswoman nanette barragan, thank you very much for sharing that story. that is "all in" for this evening. "the 11th hour" with brian williams starts now. tonight, a federal judge makes the case that michael flynn sold his country out. so sentencing is delayed just in case there's anything more flynn could do to help the government in the russia investigation. at stake is whether or not he does time in prison. tonight, the former three starr general and former national security adviser has been ordered to give up his passport and not leave the washington area. but the white house, they're still behind flynn. more bad news for donald trump. his foundation is being forced to shut down after alleged illegal conduct. the remaining money will be handed out to actual charities. the senate made history tonight, the bad news is a shutdown is still possible as "the 11th hour" gets under way on a tuesday evening.
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good evening once again from our nbc news headquarters here in new york. day 698 of the trump administration. just hours ago, federal judge emmett sullivan ordered former national security adviser michael flynn to surrender his passport 17 days from now. and he must further tell the court if he wishes at any time to travel outside of a 50-mile radius of washington. this was supposed to a sentencing day for michael flynn stemming from his guilty plea and his cooperation with the mueller investigators. flynn and his team thought they would leave court today with a minimal sentence, but when court was in session and judge sullivan walked in and started to talk about what flynn had done, it all started to go south. for starters here, let's pause to remember the name of this case, united states of america
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versus michael flynn. that right there tells you where we are in how far we've come. the judge made it clear he did not like this plot line that has taken hold among the president's political friends that the fbi had somehow duped mike flynn into lying or that he didn't know somehow that it was a crime to lie to the feds after his decades of public service. in fact, people who seemed to know this judge thought he might just side be mike flynn, and they said so on television as recently as this weekend. >> on tuesday the party will appear again before the judge. a jurist unafraid of the swamp a judge who has a track record of calling out prosecutorial misconduct a man who doesn't tolerate injustice or abuse of power. judge sullivan can throw out this guilty plea if he conclusion the fbi intentional
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interfered with their target flynn's constitutional right to counsel. >> turns out judge sullivan did not agree with judge janine. in fact, it was something approaching the opposite of that. earlier on this network, former federal prosecutor glenn kesh ner described how the judge dismantled any notion of coercion. >> the first thing that judge sullivan did was he actually placed michael flynn under oath because he said i have some follow-up questions. based on that memorandum your attorneys filed. he went on to ask, based on what your lawyers filed, are you saying that, you know, you think you should have been advised that lying to the fbi was a crime? and flynn said, no, your honor. he said, do you believe that you were maybe duped into pleading guilty because at the time of the interview you didn't have a lawyer present with you?
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he said, no, your honor. the judge said, are you pleading guilty because you are, in fact, guilty, and michael flynn said, yes, your honor, >> the judge laid into michael flynn saying it was a very serious offense and continued, quote, all along you were an unregistered agent of a foreign country while serving as the national security adviser to the president of the united states. i mean, arguably, that undermines everything this flag over here, points to the flag in the courtroom, stands for. arguably, you sold your country out. the court's going to consider all of that. i cannot assure you that you proceed today you will not receive a sentence of incarceration. i'm not hiding my disgust, my disdain for this criminal offense. judge sullivan then asked the prosecution whether flynn could have been charged with treason. after a recess, sullivan corrected himself saying flynn had not acted as a foreign agent
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while serving in the trump white house, and that his work for the government of turkey ended in mid-november of 2016. he also clarified that he was just curious as to whether or not flynn could have been charged with treason. however, michael flynn and his lawyers clearly stunned by the proceedings, having walked in there today expecting to leave with a life sentence, little or no jail time, they requested a 90-day postponement until march of next year while mike flynn perhaps of things other ways he might be useful to the mueller team. members of the crowd turned the tables on this man who famously led the lock her up chant at the gop convention. >> this morning the president offered this message and we,
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>> did the fbi ambush flynn? >> no. the fbi broke standard protocol in the way that they came in and ambushed general flynn, and in the way they questioned him, and in the way that they encouraged him not to have white house counsel's office present. we don't have any reason to want to walk that back. >> there was one other development today in the mueller investigation.
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a federal appeals court, this gets complicated, had ordered a mystery corporation owned by a foreign country to comply with a secret subpoena that appears to be from the special counsel's office. more on that when we know it. let's bring in our panel on a tuesday night. former u.s. attorney joyce vance, jeremy bash, former chief of staff at the cia, former counsel to the house intel committee, and frank figliuzzi who has worked in the past for mueller. welcome to you all. joyce, here is a guy who expected to leave court with the light sentence that everyone had requested, zero to six months, maybe some probation, some community service. what just happened in that courtroom today? have you ever seen anything exactly like this? >> every once in a while a federal judge finds him or herself in sharp disagreement
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with prosecutors and the wheels go off the wagon at sentencing. this was unique. typically judges follow the guideline range. these are guidelines mandated bay thick book that controls sentencing in the federal system, and here it was clear that general flynn was in a range of zero to six months, both general flynn and the government agreed he should serve little or no custodial time. the judge didn't like something that he saw and decided he needed to see fully flynn's cooperation before he could sentence him to that low end of the guideline range. >> i did hear our friend chuck rosenberg saying the judge maybe set himself up to not sit as the sentencing judge. how would that work? >> i think maybe he didn't go quite that far.
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if the judge did something that was indicative of a bias or gave a defendant a reason to believe that he couldn't sentence him fairly, then the defendant could request that the judge recuse himself from the sentencing. i don't think that's what we saw happen here. this judge did inject himself in sentencing a little bit more than one typically sees, and the line is this. decisions about what to charge are usually left up to prosecutors. that's within the province of prosecutors to see who gets charged with what crimes. the judge was quibbling about decisions with charging when has job was simply to sentence the defendant for the crimes he had been charged with. but i don't think we'll see him recuse from sentencing. >> jeremy bash, i'm holding in my hand the dreaded black lines of redaction. do you think that made the difference there in court?
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>> quite possibly. two things were really bothering the federal district judge today. first, he thought that flynn was trying to have it both ways, that he was accepting responsibility, pleading guilty to a crime, but also part of legal strategy, the larger legal echo chamber was to say the fbi hot boxed me and i was snookered into lying to the fbi and the judge didn't like that one bit. second, the judge looked at this case and said what we were they doing in 2017. they were conducting a national security investigation. and they were trying to understand russian interference. when they went to the senior most national security official in the land, the person who technically oversees all other national security actions in our government, that senior official undermined a national security investigation of the united states. and i think that bothered prosecutors and the judge today. >> frank, what do you think set the judge off, and was this a
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good day or a bad day for robert mueller and his team? >> good question. we're all talking about how it was not a good day for michael flynn, but i can't help but think about what's going on at the special counsel's office. what are they saying about this, what are they saying about whether they presented this and agreed to a sentencing hearing knowing that the question might come up, hey, has your defendant really cooperated to the fullest possible extent? and they might have thought about this question and anticipated it. so they're worried about the future. who's coming down the pipeline? roger stone, jerome corsi, how are they going to view this in terms of whether they should cooperate fully or not? i think the message will be you cooperate completely, or you risk the judge doing his own thing.
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that could turn lemons into lemonade for mueller, but not the greatest day for mueller. yet a message was clearly sent that you can't lie to the fbi, you can't represent foreign governments and lie about it, and i think that message needed to be sent. but mueller's going to have to figure out where to go from here >> that's interesting. is there a secret white board time line in the mueller office that has when other charges and people are going to drop, and did they just have 90 days inserted forcibly into their calendar among other things? >> yeah. i don't think there's a strict time line here because the human factor is playing into who cooperates and when that happens and what the developments are, whether someone is interviewed or not at certain times. so there's not a strict time line, but i do firmly believe that the next people in the sights are roger stone and
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genome corsi, and this could throw a wrench into the timing of when that happens. >> okay, joyce. you don't often hear the word treason spoken in open court. dwrolsz often hear complaints about someone's degree of cooperation after they've made 19 visits into the special counsel's office. has treason sufficiently been suppressed, do you think, and what more in the known realm could this guy cooperate on? >> as far as treason goes, like all other criminal conduct, it has elements that the government has to prove. but treason's a little bit different because it's in the constitution. and so it was raised here, it was discussed. i don't think there was a serious conversation that the government was obligated to charge on these facts. there's a question of cooperation and why prosecutors
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wanted to go ahead and sentence flynn now before he finished his cooperation with the government. that's relatively rare. as a prosecutor i want my cooperating witness to testify in every case, to provide me with all the assistance that i need from him bring take him in front of a federal judge and ask that judge to sentence him. so there's some mystery here, some missing fact that we don't know about why the special counsel was willing to go ahead and sentence now. and of course, whatever their rationale was, it back fired with all the arguments his counsel made that contradicted his guilty please estimate that's how we ended up despite 19 interviews, which is an awful lot of corporation and it seems likely that special counsel would not be where that investigation is today without flynn's early and prompt cooperation. nonetheless, there's a monkey wrench here and we'll have to see where this goes next for mueller. >> frank, let's go there on the
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monkey wrench, the x factor. is what flynn lied because of, is that the same as underlying reason for the continuing kindness from the trump white house, which after all today criminalized the fbi again. flynn was ambushed, they said, from the lectern in the white house press room. >> yeah. there's something to this. you don't have the president of the united states wishing you luck on the day you're going to be sentenced for a crime you pled guilty to and admitted to. something's up with this, and something is being -- flynn's holding something out. you saw the prosecutor today try to answer the judge. the judge said has he fully cooperated, and the prosecutor gave less than a comprehensive yes. he said something like, there's the potential that he's still cooperating. very strange grammatical sentence there. and the potential that he's still cooperating, he's
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cooperating right now, potentially. very strange. there's a connection between trump and flynn that is a mystery to us. remember that flynn has tremendous value to the special counsel because he was in the white house, he can talk to possible misconduct by the president as the president, not during a campaign, not in new york running some organization, but rather as president of the united states. i think trump is worried about that, he's treating flynn with kid gloves, and flynn plays right into that page in the trump playbook where the fbi's a big bad tricky manipulative organization, they trick him into lying in your own office, you can't help yourself. trump loves that narrative and he likes the fact that flynn tried that. the question i have is, did the camps respectively, flynn and trump camps, did they somehow talk about that last-minute filing, hey, go ahead and that that fbi made me lie defense.
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we like that. was there something going on like that? >> judge certainly didn't like that. jeremy bash, this judge has been on the bench for a long time, nominated for three separate judgeships by reagan, bush 41, and bill clinton. he has been a fixture at that courthouse and others. but what he said today, his degree of anger to general flynn about what flynn did as national security adviser sitting in the west wing, that close to the president when your decisions are made for us on our behalf, that was kind of a normalizing argument. some found it refreshing to hear as told by a federal judge. >> whenever your sentencing judge points to the flag and says defendant, you have undermined that, that's not a good day for you. judge sullivan was not only offended by the conduct with respect to the government of turkey, but i think there's that
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lingering question which is why did flynn lie? what conduct about the president elect was he covering up? why did he get his marching orders from a transitional officials at mar-a-lago? those are still questions, brian, that i don't think we don't know the answers to >> we give it a good ride and thanks to joyce vance, jeremy bash, and frank figliuzzi. coming up, more on michael flynn's day in court. why the president remains loyal to one of his earliest supporters. we'll talk about that some more. later, president trump and his children forced to shut down their foundation. why new york attorney general is calling its closure a victory for the rule of law. "the 11th hour" just getting started on a tuesday night. this isn't just any moving day.
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when i met donald trump about a year ago, the first question i asked him was are you serious? and i'm going to tell you, folks, he is deadly serious about the future of our country. >> this guy, he is a tough, smart, uses good common sense, he's got a street savviness in him. lock her up. that's right. yep, that's right, lock her up. >> that was the preguilty plea michael flynn at the convention for donald trump. flynn was one of the president's earliest supporters, a constant presence at trump tower at mar-a-lago, on board air force one. the president has so far offered nothing but support for michael flynn, wishing him good luck on twitter and offering these represented public defenses.
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>> general flynn is a wonderful man. i think he's been treated very, very unfairly by the media. >> well, i feel badly for general flynn. i feel very badly. he's led a strong life. hillary clinton lied many times to the fbi and nothing happened to her. flynn lied and they destroyed his life. >> i feel badly for those people. i feel badly for general flynn. he's lost his house, he's lost his life, and some people say he lied, and some people say he didn't lie. i mean, really, it turned out maybe he didn't lie. >> admitted to lying in court today, trump's reaction stands in contrast to the criticism he's doled out to his personal lawyer michael cohen. with us to talk about all of it, greg miller, correspondent for "the washington post." he happens to be the author of the "apprentice." and moderate of washington week.
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miracle of the train age. he is back in washington tonight. gentlemen, thank you both for joining us. greg, i'd like to continue with a dramatic reading from your work in your book. flynn had met trump for the first time back in august 2015. the conversation was scheduled for 30 minutes, but for 90. as he moved more visibly into the trump camp, flynn got a remarkable offer from russia television, the kremlin-run approved cable news channel. an vision to a gala in moscow, flynn would be seated at a vip table next to vladimir putin. so greg, walk us through this. >> yes, i mean, this was one of the more transformations.
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i've interviewed him many times, and his end of his career was not on his terms. he was pushed out by the obama administration over concerns about his leadership of a very large intelligence agency, the defense intelligence agency. and something appears to have flipped in him. he turned against the obama team, which he lumped hillary clinton in with that group, and embraced trump and embraced lots of things that gave many his colleagues deep concern. his trip to russia was the first big flag that led some of his colleagues, including stanley mcchrystal and others to hold these interventions with him and ask him what are you doing here. >> robert, what is so personal between these two? i'm tempted to repeat the question to frank that i asked
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of frank figliuzzi. is the reason this guy was forced to lie in the west wing of the white house the same reason he is getting full-on support as of today from this white house? >> there are two things to remember about michael flynn. he was somebody who had a mind meld with the candidate when it came to how he viewed secretary clinton and president obama, this deep antagonism, almost rage towards that administration. he shared it with the president. he had this conversation after conversation in trump tower where they had this agreement. and he saw in flynn someone who was giving him credibility, trump did. he also saw in flynn someone who was going to help the campaign to have some kind of foreign policy guidance. but never forget that flynn at the same time was using candidate trump as much as paul manafort was to some extent, he
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was having his own lobbying relationships, his own relationships on the side, not just going over to russia for rt. he was doing a lot of things with turkey. >> greg, what have you found to be the theme among those convicted in the mueller web? i know you have some findings on there contrition or lack of it >> the trump team who ended up defendants in the mueller investigation so far sure look like they had a lot of trouble with either cooperation or contrition in these deals that they reached. so we saw paul manafort, the former campaign chairman, screw up his deal and be accused of lying while he supposedly cooperating with mueller. we've seen george papadopoulos, who was an adviser to the campaign, he ends up spending a few days in jail, but emerges really defiant and positioning himself as a victim of this vast conspiracy that was out to get
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him and tricked him. flynn has tried to do something similar here and have it both ways. he's tried to be contrite, but he and his family online on social media have given every indication that they see him as martyr, somebody who has been persecuted for his political beliefs, and i think the judge was reacting in part to that today and slapping that down. >> robert costa, based on past experience, what percentage his time has the president spent on all of this versus maybe criminal justice reform, avert ing a shutdown, setting up a payment plan for mexico getting his wall built? >> if you think about the big news today, it is criminal justice reform passing in the senate. it is a shutdown perhaps being averted with the president caving on his demand for $5 billion right now for a border wall. but when you talk to people
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inside the white house and close to the president, they say he's in siege mentality, war fare mentality. he's not focused on capitol hill as much. that's why he's trying to avert a shutdown because the russia investigation on two major fronts, not just with robert mueller's special counsel investigation, but with capitol hill preparing to issue subpoenas if necessary to pull up every trump adviser, if possible, to trace this whole investigation back because house democrats have power. >> two of the very best at that newspaper in washington, greg miller, robert costa, gentlemen, thank you so much for making the time to come on our broadcast on this tuesday night. coming up for us, trump called it a charity. today the new york attorney general called it a little more than a personal checkbook. the death, the forced closure of the trump foundation when we come back.
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the attorney general of the state of new york announced today that president trump's charitable foundation has agreed to shut down amid an ongoing investigation into its finances. in a statement, the attorney general barbara underwood says it showed a pattern of illegality involving the trump foundation, including unlawful cooperation with the trump presidential campaign, repeated and willful self-dealing and much more. this amounted to the trump foundation functioning as little more than a checkbook to serve
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mr. trump's business and political interests. our next guest, shaken gold macker of "the new york times" reports even though the foundation is closing, quote, the broader lawsuit, which also seeks millions in restitution and penalties and a bar on president trump and his three oldest children from serving on the boards of other new york charities, is proceeding. david faron of "the washington post" reported on questionable trump foundation spending offered this recap today. quote, the largest donation in the charity's history, a $264,000 gift to the central park conservesy in 1989 appeared to benefit trump's business. it paid to restore a fountain outside trump's plaza hotel. the smallest a $7 foundation gift to the boy scouts that same year, appeared to benefit trump's family. it matched the amount required to enroll a boy in the scouts the year that his son donald trump jr. was 11.
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he also points out the foundation's remaining $1.75 million will be distributed to other charities approved by the ag and a state judge. well, with us to talk about it imperil atkins, washington bureau chief for "the boston herald," shaken gold maker, he's been covering this story all day. and barrett ber jess, attorney with the eastern and southern district of new york for good measure. welcome to you both. shane, what are the contours? how big a story is what we witnessed happen today? >> i think it was a significant story, but there is more to come in this lawsuit, especially those things we just mentioned, whether or not president trump and his adult children will be banned in the future from serving on the boards of charities here in new york. let's say he wants to set up a presidential library and he wants his children and himself to be involved, it could not be
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based in new york if that is final result of this lawsuit. so there are other issues to come, but for now what you have is a president being told to unwind his charitable foundation, not of his own volition. this is the nub here. the president elect said i will unwind this charity. and the ag said you don't want you giving away this money any way you want. we need oversight. so today after a couple years and a legal fight, they've agreed 2-1 with charity oversight >> what does this mean to a sitting president, kind of boggles the mind. how big a win is this for the new york state attorney general? >> i think this is a great day for the new york state attorney general's office. i mean, this was something that was agreed to by the trump foundation, so there is certainly more of a fight to come. i don't think we can say mission
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accomplished and call it a day yet. but this is certainly a big first step in it. so there's really three parts to this lawsuit. the first part, and probably the most significant, is having the foundation dissolved, which is exactly what happened today. the second two parts have to do with the restitution, and this ban which is kind of incredible. this idea that a sitting president could have a ten-year ban on serving on one of these boards. it is basically the new york attorney general saying we cannot place the trust of a charity's money with somebody that is in the highest position of trust in our country. it is mind-boggling. >> that's the definition. kim, i want to play fog for you. this happened during our 4:00 p.m. hour in this very studio. this was donny deutsche appearing with nicole wallace.
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he talked about trump and the foundation. we'll talk about it after this. >> this is not their money. they take money from other people just like warren buffet gives. so beyond the illegality of this, think about the moral republican hencebility of taking money that's meant for children to pay off his own lawsuits for his campaign. >> another little personal thing just to see what he was doing with this charity money. our kids went to the same school, i'm on the board of that school. he had donated to a very wealthy upper west side private school $50,000 from the trump foundation. >> veterans to help sick kids. >> you assume when you get that, that's from a family office. >> it's a rather stunning story there, kimberly. i know you're a journalist who happens to be a lawyer. how big do you think this is just beyond -- this is day one
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of this story? >> this is a story that in another political reality could be potentially disastrous and end a political career. but just because it's coming on the same day that a former white house official found out that he's probably facing prison time, it seems to get lost, but it shouldn't b. it really is stored. there is a reason why we have rules governing charitable organizations, which are tax exempt, by the way, and they're that for a reason because they're meant to be used for others not personal in this way. and i think it's also a political problem for republicans who spent a lot of time if you recall making hay about the clinton foundation and allegiances that there was some pay to play scheme there. it's going to be difficult to for republicans to say what was going on with the trump
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foundation is fine, particularly if the president and his three eldest children are banned from participating in charitable organizations entirely in the state of new york, potentially if there is a federal election commission activity, even the justice department can look into this. and certainly republicans in the house oversight committee, this is one of their things on the agenda they're going to examine too. this is going to go on for quite some time and present a big problem for those republicans. >> kimberly atkins, shane gold maker, have agreed to stay with us. after a quick break, we'll be back. the reminder, more than a dozen other investigations are now aimed at this president, his administration, and family. more on this challenging year ahead when we come back.
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we are talking about the trump foundation, the former trump family foundation. kimberly atkins, shane
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goldmacher, and barrettberger. it was said today it hit the achilles' heel for donald trump, and that's his family, that's his kids and that's going to hurt. this grows exponentially. this gets worse and wider. >> this trump foundation story is part of the looking at 2016 and some of the now alleged illegalties. you start days before the iowa caucuses where cory lewandowski, mr. trump's campaign manager is directing the charity thousand spend his money at the beginning. you look at the end, you have michael cohen authorizing the hush money payments to a woman to keep her quiet. you have from the beginning of 2016 to the end of 2016 these kinds of activities. with his children in between you have the meeting at trump tower. so an entire pattern that's been investigated and it's adding up at this point. >> kim, let me take the other
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side of the argument. what's the chance this gets overshadowed by shinier names and spiffier investigations that are, say, head quartered out of washington, d.c.? >> i think there's a very big chance of that just by the sheer number of investigations that are ongoing surrounding president trump and not only his actions in the white house, but his campaigns, his personal business, as well as those of his close associates including his family members. when you think about watergate, for example, and how extraordinary that story was, that was about a break-in and a subsequent coverup. that's just a minor component compared to everything that's being investigated now. as i said, this is something that on its own would normally be just a monumental story and it's a very good chance that it will get overshadowed. >> barrett, people can understand this. if a tornado hits missouri where
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i used to live, you're watching the coverage, you see families that have lost everything, schools, hospitals destroyed, you give to the american red cross because you want to give to help their lives. you're not giving to have a fountain refurbished in front of the plaza hotel. having said that, how big in the pie of legal exposure and vulnerability that this president faces, how big a slice are we talking about, this story we're talking about here tonight? >> i completely agree. charitable fraud is one of the most egregious types of fraud that there is. it's one of the most significant cases we prosecuted at the u.s. attorney's office and some of the most important cases they bring at the new york attorney general's office as well. as far as exposure for the president, at this point this is a civil lawsuit, so this is something that certainly can strike at his business. but at this point it doesn't
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strike at any sort of liberty concerns. however, i agree with everyone when i think this is just going to continue. i think i would not be surprised if ultimately referrals are made out of this case. i think sometimes when we're all distracted by the special counsel's office investigation and everything that's going on, here you have an office that's really just methodically and quietly putting together this lawsuit that certainly could blossom into something more, and that would be where the true danger is. >> thanks to our panel of three people that oddly contains two lawyers and two journalists out of that three. interesting math. kimberly atkins, shane goldmacher and barrett berger. your united states senate actually overwhelmingly agreed on something tonight that will impact actual american lives. we'll have an update on that and their ongoing effort to avoid a government shutdown before christmas when we continue.
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mr. president, can we ask about the shutdown? >> we'll see what happens. >> you say that, but -- >> too early to say. sorry, thank you. thank you, everybody. >> thank you, folks. let's go. >> are you still willing to shut it down for $5 billion. >> we need more security. thank you very much, everybody. >> your u.s. senate has been busy tonight, in part working to kick the can down the road and avoid a partial shutdown of the government on friday. it would use a coning resolution, one sticking point, the $5 billion the president wants for the wall.
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earlier this evening, trump was back online, arguing his wall is not a concrete wall that he says democrats won't pay for, but a beautiful, see-through version with artistically designed steel slats. he even promised without offering any evidence that once completed this new type of wall would save billions a month. remember, it was just last week when trump told democratic leaders he would be proud to shut down the government over border funding. while that debate goes on, there was a rare show of bipartisan bipartisanship tonight, with a sweeping overhaul of our criminal justice system. passing by a vote of 87-12. in this day and age, in this senate, with dozens of republicans joining all 49 democrats in voting yes.
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the first step act reduces several prison sentencing mandates, addresses dispariies in sentencing for certain drug offenses. it will lead to the release of those sentenced for way more prison time for crack cocaine possession than the usual sentences for powdered cocaine possession, that is too often split right down racial lines in this country. it's expected to head to the house on thursday, where, as they say, it enjoys bipartisan support. and it will allow the president to sign a genuinely bipartisan bill into law. coming up, before "50 shades," "frozen," or "mamma mia," there was a female director. her story, when we come back.
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there she is, last thing before we go tonight. about a first of her kind, a trailblazing and superbly talented film director, born in the bronx, and never forgot it. penny marshall's parents were in show business, but it was penny who did the work. tap dancing by age 3, she was first cast in a shampoo special, and worked as a secretary when she couldn't get any parts. on "laverne and shirley," her character worked as a beer bottle capper, then she turned her extraordinary talent to movies, where she used her
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attention to detail, her love of moments, her humor, for feel for the great setup to entertain all of us. she directed tom hanks in "big," and they combined to give us one of the iconic movie scenes of the modern era. >> chopsticks. >> at the box office, "big" went over big, and marshall became the first female director in movie history to make a $100 million feature. and then she did it again, with "a league of their own." with the line that lives on forever. [ crying ]
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>> are you crying? >> no. >> are you crying? are you crying? there's no crying. there's no crying in baseball! >> today, tom hanks said, good-bye, penny. man, did we laugh a lot. wish we still could. love you. we also heard from marshall's former husband, rob reiner. he said, i loved penny, i grew up with her. i was very lucky to have lived with her and her funny bone. i will miss her. among other things, the l.a. lakers lost a super fan today. the ranks of women directors lost a giant, but they've swelled these past few decades because there was a penny marshall.
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gone today at the age of 75. and that is our broadcast, on a tuesday night. thank you so very much for being here with us. good night from nbc news headquarters here in new york. headquarters here in new york. a delay for former national security adviser michael flynn his attorney made a request for a postmeponement after the judge indicated he should go to jail plus, in a bipartisan vote last night, the senate has overwhelmingly passed a landmark bill to overhaul the criminal justice system in america. good morning, everyone it's

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