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tv   Special Report With Bret Baier  FOX News  December 14, 2018 3:00pm-4:00pm PST

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seal and got to meet his gold star family. it was an incredible experience. watch me on fox and friends tomorrow and go to my twitter for more information. you can support this. >> that's really cool. >> all right. "special report with bret baier." >> bret: thanks. this is a fox news alert. we know who will be president trump's right-hand man for a while. budget director mulvaney is taking on the job of chief of staff on an active basis right now. kevin has details. >> the president takes on a person who has distinguished himself in a couple of other opportunities within the administrati
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administration but it's important to point this out. mulvaney is a fiscal hawk. that could loom important ahead of a potential partial government shutdown. that choice comes today on a day in which the president's former fixer, michael cohen, his former attorney, blamed the president for a series of bad choices. >> nothing in the trump organization was ever done until it was run through mr. trump. he directed me to make the pavements. >> in his first interview after being sentenceed to 3 years in prison, michael cohen proclaimed that then candidate donald trump encouraged him to break the law during the 2016 campaign. >> i am angry at myself because i knew what i was doing was wrong. >> he said mr. trump directed him to pay hush money to 2
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women. something trump denies. cohen faces time behind bars. today the white house officials ridiculed his version of facts. >> for the media to give credence to a convicted criminal is laughable. >> in april president trump said this aboard air force one. >> [inaudible]. >> now, he admits he was aware of the payment to daniels but said they were not uncommon for celebrities to protect their
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families. the parent company of the "national enquirer" admitted to funneling hush money to keep damaging stories from being made public during the 2016 race. legal experts say this is a wide gulf between knowledge of payment and intent to unlawly aid a campaign. >> people can disagree whether it was wrong to pay hush money to somebody to stop them from disclosing alleged impropriety sexually. it's not illegal. >> not illegal says alan dershowitz. bret, we got this from mulvaney. he said this is a program honor -- tremendous honor. i look forward to working with the president. it will be a great 2019.
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>> bret: thanks. the special counsel's office is on oscars tonight. it's pushing back hard at the accusation that the fbi acted improperly in an interview with former trump national security advisor michael flynn. i judge ordered the special counsel to respond the charge this afternoon and it did so. catherine has details tonight. >> according to the special counsel filing the president's former national security advisor michael flynn, a seasoned military officer, knew he could not lie to the federal agency and they alleged the lies began weeks before the meeting with the fbi. during flynn's january 2017 interview about his conversation with the russian bass bass. -- ambassador. he said they gave the defendant multiple opportunities to correct his false statements but he never did. the filing include a memo that
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appears to be written by the deputy director mccabe who set up the white house interview. flynn said he was trying to build relationships with the russians. the memo suggests flynn knew any conversation with the russian ambassador were monitored by u.s. intelligence. the department director discouraged flynn from having a lawyer present. the special counsel said the circumstances of the defendant's interview are not mitigating. assuming the defendant continues to accept responsibility for his actions, mueller wants the guilty to plea to stand with a minimal sentence. a federal judge gave the special counsel and flynn's legal team less than 48 hours to file the records which included a interview with peter strzok. this record is heavily redacted.
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he described flynn as having a very sure demeanor and did not give any indicators of deposition. flynn stuck strzok as bright but not sophisticated. the "wall street journal" reported that the investigation grew out of michael cohen who pled guilty to multiple federal charges. fbi recordings between cohen and the advisor to melania who voiced concern about spending. >> the president came here and raised his hand to take the oath
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of office. >> the report of the inaugural investigation is another damaging allegation surrounding the trump campaign. they promise more major developments. james comey will face house investigators for a second time and flynn will be sentenced on tuesday. >> we need a white board or flow chart. thank you. the u.s. military is underattack from china. it's not anything you can see. state department correspondent tells us about this new cyber attack. >> chinese hackers are targeting and stealing classified military secrets from navy contractors prompting a government review of american cyber-vulnerablities. the "wall street journal" said attacks on our networks are not new but attempts to steal
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information are increasing. we must act to understand the nature of these attacks and how to prevent future loss of vital information. chinese hackers took a variety of information. they tried to steal from universities that develop advanced military technology. >> a lot of complicated issues with china all around the world. we work on these of those to get good outcomes for the people of the united states of america. >> last year the navy awarded the harris corporation a 765-million dollars for tactical radios. hackers have targeted his company. >> it's so secret that china is very goes at cyber-espionage. they are stealing our trade secrets. >> the secretary's decision to initiate a review shows how seriously it takes cyber security in an era of renewed
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great power competition. >> bret: the u.s. and canada began high stakes talk over the top chinese telecom executive. they met canadian counter parts. china detained 2 canadians in retaliation. we are one week away of from a possible government partial shutdown. the main sticking point is the border wall. mike emanuel is live on capitol hill. >> good evening. it's not clear how they get out of this jam. one idea is to passing a 2-week extension until after the holidays. frustration is growing among key
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senate republicans among democrats. >> they have no border security plan. this is a massive cut in border security funding that the democrats are proposing. >> president trump sounds like he might be looking for a way out. tweeting let's not do a shutdown, democrats. do what is right for the american people. the president was very tough with the top congressional democrats in the oval office this week demanding funding for his border wall. schumer and pelosi sounded delighted that the president would accept blame for a partinal government shutdown and now they are not willing to budge. >> the president decided he would shutdown government. that's a drastic thing for him to do, especially as it leads to congress for the holidays. that means it would be shutdown for a while. >> the president's position on the wall is totally
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contradictory. ill-informed and irresponsible. a trump temper tantrum and shutdown threat won't change any minds here in congress. >> it's not clear what mr. trump is willing to accept. >> whether you agree or disagree with him, if i were playing poker with him and didn't have the cards, i would fold. >> that's why folks are worried about a partial government shutdown right before christmas. >> bret: arizona's governor said senator john kyle will resign at the end of the year. he was appointed following the death of john mccain. that will create another vacancy that the republican governor will fill until the 2020 election. voters will pick someone to fill the final 2 years of john mccain's term.
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upnext out rage over the death of a 7-year-old girl at the border. first students at sandy hook elementary school were sent home after a bomb threat against their new building. it was on the 6th anniversary. moments of silence were observed for the victims. colorado police search the property of a missing woman's finee. kelsey was last seen 3 weeks ago. the fiance hasn't been named yet as a support in the disapparent. a live look from a foggy san francisco. facebook said a software bug may have allowed 3rd-party apps to
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access photos of 7 million facebook users. the breach occurred in september and facebook has apologized. it's the live look from outside the beltway from special report. we'll be right back. i work hard to protect this tookus. to take care of any messy situations. and put irritation in its place. and if i can get comfortable keeping this tookus safe and protected... you can get comfortable doing the same with yours. preparation h. get comfortable with it. and just like you, the further into winter we go, the heavier i get. and while your pants struggle to support the heavier you, your roof struggles to support the heavier me.
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>> bret: in tonight's whatever happened to segment, new developments in the case of an elite military operator accused of killing a taliban bomb maker. jennifer griffin as the update. >> the u.s. army charged with alleged murder a decorated greenberet who admitted to killing a detainee with fox news's bret baier. >> did you kill the bomb maker? >> yes. >> he was a u.s. special forces soldier attached to a marine university who faced heavy fighting in february 2010. when he applied for a job at the
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cia he acknowledged killing a taliban member for planting a bomb that killed two marines. >> you offered up these details at the cia? >> yes. >> that's where it all started? >> pretty much. >> according to a senior defensive official, he told the cia he killed the man off-base and put it in a pit and burned it. he told fox news i made a known engagement with a known combatant. goldstein said following the bomb marker's release, he tracked him down and killed him. >> you had a law enforcement mind set?
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>> there are limits how long we could hold guys. these are enemy combatants. these are taliban. these are bad dudes. we would pull them but not have any place to hold them. we would let them back and they would cause terror to the community. >> the army reopened the investigation based on new evidence that include the greenberet's public statements. the inspector general investigated the army's original handling of the case which did not find enough evidence to prosecute goldstein. hunter a former marine championed goldstein's case and wrote the following letter:
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>> what is it like going from war hero to accused war criminal? >> angry. >> no, it's been incredibly painful. and very difficult over the last year, everyone who served with me stood by me. and so, it's over. it's time to move on. >> and goldstein admitted killing a man in cold blood on television, the army investigators had no choice but to open the case. he said he had to release the alleged taliban bomb maker. but those to whom i spoke at the pentagon said he had a choice and now major goldstein is
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charged with premeditated murder and could face the death penalty. >> bret: thank you. up next the inspector general is looking into the death of a 7-year-old migrant girl in u.s. custody at the border. we will take you there. first beyond our borders. the christmas market in france reopened among tight security. yesterday the gunman was shot by police. today, italy's premier said an italian journalist wounded in that attack died. israeli forces arrested dozens of hamas activity ists in the west bank. for a pair of deadly shootings. a group of small countries vulnerable to climate change is threatening to block agreement
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at u.n. climate talks unless its demands are met. a former president said this doesn't affect the reality of countries on the front line of climate change. just some of the stories beyond our borders tonight. we'll be right back. ♪ ♪
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>> ♪ >> ♪ >> bret: doctors are trying to determine what killed a 7-year-old migrant girl picked
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up on the u.s.-mexico border. an autopsy has been schedule. late today the homeland security department announced tell investigate. the girl's death is provoking new concerns about the president's immigration policy at the border. jonathan hunt as the story from los angeles. >> it's heart wrenching. >> the homeland security secretary said the guatemala girl was in among people who illegally crossed the border to the u.s. the group was found by a team of 4 agency at 9:59 p.m. on december 6th and held in know operating base near the border while being interviewed. the group had access to water, food and restrooms. 8 hours later, 5 a.m. on the 7th, the girl who had shown no
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signs of illness was put on a bus for the 5 mile journey to the processing station in new mexico. the girl's father told agents his daughter was sick and vomiting. they radioed ahead. and the bus arrived emergency medical personnel began treating the girl. she was not breathing and was revived twice. at 7:45 a.m., she was transported by air ambulance to a hospital in el paso, texas. she died there just after midnight on december 8th, having suffered brain swelling and liver failure. >> this is the sad example of of the dangers of this journey. >> dianne feinstein said the death was unacceptable and the u.s. owes migrants compassionate and humane treatments. the democrats want to know if the commissioner was aware of
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the 7-year-old's death when he testified before the senate on tuesday. if he was, why he did not bring it up. >> bret: immigration politics are at the heart of a bizarre situation in seattle. a law school depriveing its students of real world work experience and keeping them from helping other people. dan tells us about it. >> following a complaint and online petition, they suspended their program with immigration enforcement. >> those students have been cheated. >> the law school dean defended the decision arguing the school should assist those who are suffering due to the unjust operation of our legal system, laws and their enforcement.
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>> i think it's a good decision. it reflects us in a positive way. >> thomas holman calls the move misguided. >> it's not all about immigration which i know is controversial and emotional. they work on a lot of terrorism investigations they do a lot of work about the deportion of known suspected terrorists. >> most come in front of immigration judges in tacoma. law school students help lower the back load. a person said it's disheartening that an institution would prevent students from gaining valuable professional experience. national law school rankings suggest that seattle-u could use
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all of the work study promise it could. it ranks at the bottom of several lists of graduates working as a lawyer. the student who made the complaint declined our request for an interview. >> bret: loans will be forgiven for students whose colleges closed before they could graduate. shares of johnson & johnson plunged 10.4% after reuters reported that they knew since the 1970s its baby powder sometimes contained asbestos. it made the stock the biggest
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drag on the dow industrial average and s&p. the company denies it hid information and will appeal recent verdicts against it. there was another big day of losses on wall street. the dow had its lowest close since may. the s&p fell 151 and the nasdaq 159. all 3 are off to the worst start in december since 1980. the wisconsin republican governor walker signed legislation restricting early voting and taking power away from the in coming senator. he signed it just 24 days before he leaves auction. critics call the move a power
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grab that will stain walker's legs. a big controversy in wisconsin. up next the panel on a new acting chief of staff. the special counsel's response to accusations of improperly interviewing the national security advisor. we will fit it all in next. rewa. going new places. anytime. rewarded! learn more at the explorer card dot com.
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-- distinction. i look forward to working with mick as we continue to make america great again. mulvaney called it a tremendous honor. earlier in may, talking to the weekly standard, who closed its doors today, said this is not about being chief of staff. it's not a job you turn down. the president doesn't walk in and ask if you want to be chief of staff. the president walks in and says you are the next chief of staff. you say yes. you can't do it for more than 12 to 18 months. that means you are on your way out. i will take it. i think i would be pretty good at it but i don't think it's come to that. now it has. it's lady's night on the panel. molly, susan, and morgan. susan, mulvaney seems well
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positioned for someone who is plugged in politically and knows where the bodies are buried on capitol hill. >> and knows how to work with president trump. as budget director he had an additional job at the consumer protection agency. that's all good, but it is a killer job in any administration. it's double so in the trump administration because of the all of the things that come at you. it's interesting he designated it as acting. was that something he said to trump. i will just fill in for a time? >> bret: he could make his stamp and have the job permanently. and then if something doesn't work, he says i was just acting. >> that might happen whether
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you were called acting or not. people liked general kelly. he brought stability and order to the white house. mulvaney brings that and a established record as a conservative. someone who everyone recognizes as conservative positions. it will make quite a few people happy. >> bret: he was a budget hawk in congress. obviously dealing with a budget proposal not as hawkish as he wanted as a congressional member. he is coming at a time to white house chief of staff when there is a budget battle and we might have a partial government shutdown. >> that's a great point, bret. people on the dod and national security side were not thrilled with the budget cuts he proposed. he backed down because the president wanted to continue the military spending.
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we will see what happens on the dod today. >> bret: let's listen to michael cohen talking about the president directing these payments. >> he is saying very clearly he never directed you to do anything wrong. is that true? >> i don't think there is anybody that believes that. nothing in the trump organization was ever done unless it was run through mr. trump. he directed me to pick the payments and to become involved in these matters. i gave loyalty to someone who truthfully does not deserve loyalty. >> bret: he said he doesn't believe that the president is telling the truth about russia. we didn't get too many details out of that interview. >> if you have michael cohen there, you might ask for specifics. it was nebulous. it will depend on what he says specifically. there are a lot of ways that you can make settles and sign
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non-disclosure agreements that are not campaign finance violation. he wasn't asked about that or about the dossier that he was an agent who went to prague and met with russians. i might ask michael cohen whatever happened to that allegation? if it's true and what that means about the dossier. >> bret: we asked for that interview. he was not asked if donald trump it made payments like this in the past which would have established something ahead of the payments ahead of the campaign? >> i bet investigators asked michael cohen all of these questions. what you heard in the interview are 3 key points. michael cohen said he directed these payments. number 2, he knew they were illegal and number 3 it was for
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purposes of the campaign. >> he does layout the 3 things you need to have to be true for this to be troubling. >> bret: the question we don't know is whether there are backups or tapes or what mueller has. >> it's important to remember that he is going to jail for financial crimes. tax fraud and bank fraud. the southern district said something very different from the mueller team. what he pled to is not litigated in court as it relates to the campaign finance violation. if anything ever affect president trump it will have to go before the congress and republican senate. we did this during the '90s and it didn't end well for them. >> bret: the special in a rare
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disclosure pushing back on the characterization that the interview of michael flynn the former national security advisor was handled poorly. the memo says nothing about this causing him to make false statements. he chose to make false statements when he lied. when faced with the fbi's questions on january 24th, the defend repeated the same false statements. >> molly, here's what i don't understand. and i never understood: michael flynn as general as the head of the defense intelligence
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agency, knew that the russian ambassadors phone calls were taped and listened to and transcribed. he knows someone is listening somewhere. why would he lie about what he told the russian ambassador? >> there is so much interesting in these things today. he is pushing back hard. everything they provided tells another story. they mentioned from andrew mccabe talked to him the day of the interview and flynn said i am sure you know what i said. i am sure you are listening in on this phone call. the allegation he lie side difficult to swallow. and the agents who interviewed him don't think he lied. there is nothing to support this game. the judge requested all of those documents that the fbi has to file after they interview
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someone, they didn't provide one of an interview of flynn. they provided one 7 months later of an interview of peter strzok just before he was removed from the special counsel. it's really word circumstance. and sullivan is a judge who doesn't like these things. >> he was fired from the administration for lying. >> and he said he lied. >> bret: so maybe there was other pressure. >> i don't know. he said they didn't warm him that he had to tell the truth. >> what is what came out. mccabe said don't worry about it. we don't want to involve lawyers. we will just have a friendly chat. the day before they leaked to the "washington post" they cleared flynn so he was
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comfortable. >> bret: he is the ahead of a defense agency. he knows you have to tell the truth. >> molly made a great point. he lied to the vice-president of the united states and admitted lying to the vice-president. that's the problem and the reason the president fired him. lying to the vice-president is a non-starter. >> bret: a lot to learn here. we are learning it every day. next up the friday lightning round and winners and losers. and people talking]
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>> ♪ >> did you kill the taliban bomb maker? >> yes. >> you willingly offered up these details at the cia? >> right, that's correct. >> that's where it started? >> pretty much. >> what is it like going from war hero to accused war crimi l criminal? were you angry? >> no, it's been painful and very difficult. >> bret: the u.s. army charged with murder the once decorated
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green beret matthew goldstein who killed a taliban bomb makeener afghanistan. what is next? they reopened the investigation. now it's moving forward. back to the panel. >> this is a heart breaking story. there is a lot that is not in dispute. he admits he killed this person. the u.s. government agrees. the question is whether it happened in an appropriate way. it's not where the person deserved to be killed. this is a very difficult thing. it's true you need to follow rules of engagement. it's also true we have a lot of confusing rules for our men in the military and we have a lot of ways of not giving them the tools to fight effectively. >> bret: especially in afghanistan at that time. >> it breaking news your heart. how difficult to be a soldier watching your comrades killed by
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bombs. on the other hand, what makes us difference from the taliban? we have rules to follow. we don't assassinate our enemies. >> bret: chine -- the trade and cyber side, attacks. a lot of moving parts. >> we say this often. we are in a full-on cyber-war with china. in the cold war we stole each other secrets the u.s. and the soviets. there are no rules of engagement as it relates to cyber hacking. what the chinese are doing taking secrets, they are stealing our things. it's something the private sector companies have to take more seriously. there are no ramifications and there needs to be. >> bret: winners and losers?
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>> winners the los angeles changers who fight for a tie. the loser is the imposter santa. this guy in england who was pretending to santa. ripped off his beard and dropped f-bombs at the children. >> nancy pelosi's coat on tuesday. such a fantastic coat. they are bringing it back next we're. loser? white house chief of staff club. everybody wanted to be in this club. harder to recruit winners. >> may the british prime
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minister barely establishing a no confidence vote. and jared kushner. >> ladies night. when we come back notable quotables. i work hard to protect this tookus. to take care of any messy situations. and put irritation in its place. and if i can get comfortable keeping this tookus safe and protected... you can get comfortable doing the same with yours. preparation h. get comfortable with it. saved an average of $412," syou probably won't believe me. but you can believe this, real esurance employee nancy abraham. look her up online. esurance, it's surprisingly painless.
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♪ >> bret: it's friday. "notable quotables." >> the so-called yellow vests have shut down one of the greatest cities on earth. >> what is going on in yesmen now is the worst humanitarian disaster facing this planet. >> how low can you go? the answer it seems is always lower. >> we have too many embarrassing uncles in the united states senate. >> i respect my friend. i even follow my friend on
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instagram. >> if you don't see a need for additional border security you are not paying much attention. >> he will get no wall. he will get a shutdown. >> shutting down the government is stupid. >> i am proud to shut down the government for border security. >> if you google the word "idiot," under images a picture of donald trump comes up. >> if you get bad search articles or bad search results don't blame google or twitter, consider blaming yourself. >> 36 months for michael cohen. >> anytime a former lawyer of yours goes to jail is probably not a good day. >> he was thug. >> i thought he was a nice guy. supportive. >> i am done with the lying and i'm done being loyal. >> i told the president that i prayed for him. >> today, we get along. >> thank you, everybody. >> bret: another crazy week. panel, government shutdown? >> no. >> no. >> hope so. >> there we go! >> bret: this weekend on "fox news sunday" chris
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wallace will speak to cofounder of microsoft bill gates. president trump's attorney rudy giuliani is also on the show. that should be interesting as well. thank you for inviting us into your home. that is it for "special report." fair, balanced and unafraid. make at it great weekend. "the story with martha maccallum" starts now. hi, martha. >> martha: hello, bret. stick around for the next hour. tonight the special counsel says michaelflip was not set up in his -- michael flynn was not set up in the meeting at the white house. the latest filing comes as a judge demanded to see all the documents surrounding that meeting. and force a special counsel to turn them in by 3:00 today. the filing disputed the notion that flynn was misled saying he "agreed to meet with the f.b.i. agents without counsel and answer their questioning." adding this stinging line, "a sitting acting adviser, former f.b.i. agent does not to be warned it's a crime to lie to federal agents."
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but nowhere does mueller

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