tv ABC World News Tonight With David Muir ABC December 4, 2017 3:30pm-4:00pm PST
tonight, president trump and his legal team with a new strategy. they say a president technically cannot obstruct justice. also tonight, president trump's new message to michael flynn, who is now cooperating with the fbi. the other major headline, the president now making it clear. he is fully behind alabama senate roy moore, despite more than a half dozen women coming forward with allegations. the president saying, quote, i like a fighter, go get them, roy. the high school soccer coach tonight behind bars, allegedly luring a 17-year-old student away with him. tonight, she's now standing beside her parents. what the family now says. the major storm at this hour. blizzard conditions and heavy snow. and the brutal cold moving in across the country right behind it. temperatures plunging 30 degrees. the multimillion dollar
settlement involving a daughter who died after going to the dentist to get her wisdom teeth pulled. and the american tourist attacked and killed by a shark. good evening. and it's great to have you with us here on a monday night. and we begin with president trump and his words for michael flynn, after his former initial security adviser pleaded guilty to lying to the fbi. now cooperating with robert mueller. the president now saying, i feel badly for general flynn, going on to say of the fbi and flynn, that they destroyed his life. and tonight, the president and a new legal strategy from his team. arguing a president cannot obstruct justice. abc's chief white house correspondent jonathan karl leading us off. >> reporter: at the white house today, the president offered words of sympathy for his former national security adviser, michael flynn. >> well, i feel badly for general flynn. i feel very badly. he's led a very strong life. >> reporter: over the weekend, a decidedly different tone from
the president, when he was asked if he stands behind flynn. >> do you stand by michael flynn sir? >> we'll see what happens. >> reporter: flynn's plea bargain is a big red flag for the white house. he has agreed to cooperate fully with special counsel robert mueller. >> i think what we're beginning to see is the putting together of a case of obstruction of justice. >> reporter: the president seems determined to undermine that case, by slamming the fbi, tweeting that its reputation is, quote, "in tatters, worst in history." >> i will say this, hillary clinton lied many times to the fbi. nothing happened to her. flynn lied and they destroyed his life. i think it's a shame. t's very unfair. >> reporter: former fbi director james comey has testified that he had no reason to believe clinton lied to the fbi. he is defending the agency he once led, quoting his own words to congress, after he was fired by president trump. >> i want the american people to know this truth. the fbi is honest.
the fbi is strong. and the fbi is, and always will be, independent. >> reporter: over the weekend, the president's own story seemed to change. he has said before that he fired general flynn because he lied to the vice president. but this weekend he tweeted, quote, "i had to fire general flynn because he lied to the vice president and the fbi." that tweet could become a problem. the president had not previously acknowledged knowing flynn lied to the fbi when he fired him. james comey says trump urged him to drop any investigation into flynn, a possible obstruction of justice if the president knew at the time that flynn had committed the crime of lying to the fbi. now, the president's personal lawyer, john dowd, said it was he who wrote the president's tweet. but it has not been disavowed by the white house. and the president continues to deny that he ever asked comey to go easy on michael flynn. >> and jon karl with us tonight from the white house. and jon, the president's lawyer
saying he wrote that tweet from the president's account. that got a lot of attention, tweeting for the president. now, the lawyer says, i'm out of the tweeting business, i did not mean to break news. but in the meantime, jon, the president's lawyers are going with a new legal strategy tonight when it comes to obstruction of justice? >> reporter: the president's lawyer is arguing that the president, because of the nature of his job as the head of the executive branch, cannot, by definition, commit obstruction of justice. david, it's a variation of nixon's line that if the president does it, it's not illegal. >> jon karl at the white house tonight. jon, thank you. and you heard jon report there that the president's lawyer is now making this new argument that a president cannot obstruct justice. the president's lawyer john dowd saying the president cannot obstruct justice because he is the chief law enforcement officer and has every right to express his view of any case. let's bring in dan abrams for the bottom line on this. i've been reading what legal scholars are writing all day on this. everything from this is absurd
to, he's got a point here. >> reporter: it's a little bit of both. it's not credible to argue that the president simply can't obstruct justice no matter what the facts are. but he may have a point that just the firing of james comey alone wouldn't be obstruction of justice, because that's within the per view of the president. i think it's fair to say they're going to need more than what we know today to file an obstruction charge. >> but a lot of people are going to be scratching their heads tonight, because presidents who have faced impeachment have faced obstruction of justice charges. the articles of itmpeachment against clinton and nixon do. but you heard the president's lawyer in the last 24 hours saying that a president cannot obstruct justice. >> reporter: well, this hasn't been addressed in the criminal context at all. but as you point out, with nixon, it never made its way to the congress. with clinton, he wasn't convicted by the senate. this is clearly a strategy by president trump's team as they prepare for the next phase of this case, and there are a lot
of unanswered legal questions when it comes to the president. >> all right, dan abrams, our thanks to you. and one more development tonight involving the special counsel, robert mueller's team tonight. a veteran fbi agent who was removed from the russia investigation. we learned that robert mueller removed peter struck back in august after learning he had sent potentially anti-trump text messages. abc news has confirmed that struck played a key role in how then fbi director james comey announced the results of the hillary clinton e-mail investigation. recommending that comey describe clinton's actions as, quote, extremely careless, rather than, quote, grossly negligent. now, the significance is that is a felony to mishandle classified information in a grossly negligent way. we turn next tonight to roy moore, the senate candidate in alabama. tonight, the president fully putting his weight behind moore. even amid allegations of sexual misconduct from eight women. the president now saying, i like a fighter, go get them, roy. here's abc's senior national
correspondent tom llamas tonight. >> reporter: on air force one, president trump made it official. calling roy moore to endorse him. even though moore has been accused of molesting teenage girls. moore tweeting the president told him "go get them, roy." eight women have accused moore of a range of inappropriate behavior, including sexual assault. >> he basically laid out some blankets on the floor of his li living room and proceeded to seduce me. i was a 14-year-old child trying to play in an adult's world and he was 32 years old. >> reporter: the president has expressed doubts. >> roy moore denies it. that's all i can say. he denies it. and by the way, he totally denies it. >> reporter: but senate majority leader mitch mcconnell, at first, quick to side with moore's accusers. >> roy moore should step aside. the women who have come forward with entirely credible. he's obviously not fit to be in the united states senate. >> reporter: now, mcconnell has changed his tune. >> do you believe that judge
moore should be in the senate? >> i would let the people of alabama make the call. >> reporter: moore has denied all accusations of sexual misconduct. campaigning almost exclusively in chaurches to rally evangelicl vot voters. today, moore tweet, "thankful for president trump's is up important. can't wait to help him." >> tom llamas covering this campaign for us. and tom, the election just one week away. so far, no plans for the president to travel to alabama to campaign for roy moore? >> reporter: that's right, david. but on friday night, the president will be in pensacola, florida. that's so close to the alabama border, it is actually part of the mobile media market. the moore campaign says they welcome that impact, because the president's people are judge moore's people. david? >> tom llamas, thank you. next, to your money, your taxes, and the president's tax plan. the senate passing it at 2:00 a.m. saturday morning. there is no pressing deadline here, but republicans in congress are furiously working
to get this done before christmas, as the president has asked. but at what cost? with changes to the bill handwritten, even in the margins. and tom here, a reality check. who benefits most? abc's mary bruce back on the hill for us. >> reporter: tonight, republicans still relishing their late-night victory on tax reform. >> the tax cut and jobs act has passed. >> reporter: while democrats are reeling, outraged over what they say was a rushed process. >> they're sending around their edits as we speak. >> reporter: edits scribbled in the margins. >> can you tell me what that word is? >> reporter: and now comes the hard part -- hammering out the differences between the senate and house versions. the bill is the most sweeping change to the nation's tax code in 30 years. republicans are promising relief to the middle class, but most americans earning less than $75,000 a year are projected to pay more over the next ten years. while in 2027, one analysis says the top 1% would receive 62% of
the benefit. for weeks, republicans have been downplaying these estimates. >> economic forecasting has been just about as accurate as those late night psychic hotlines. you see them advertised after "the tonight show." >> reporter: and there are serious questions about to pay for all this. republicans insist economic growth will cover the cost of the plan. but two estimates say it will $1 trillion or more to the deficit over the next decade. even a conservative estimate puts it at over $500 billion. this, after republicans have railed for years against adding to the deficit. >> we have to get our debt under control before we move further down the road. >> reporter: you are confident this bill will pay for itself? >> oh, yeah, and then some. and if i'm wrong, like every other republican, we'll pay a price. >> mary bruce live on the hill for us tonight. and mary, as you reported, republicans say this plan will pay for itself. we just heard it from senator graham there, even though
analysises say it will not, including a nonpartisan committee that republicans have relied on before. that committee says it will cost $1 trillion. and we're learning about the republicans efforts to discredit that committee? >> reporter: david, republicans have been circulating talking points that aim to undercut that estimate. questioning the timing and substance of that report. republicans insist these numbers are simply not accurate. >> all right, the deadline far closer tonight than the tax plan, is this possible government shutdown, mary. congress working to avoid a shutdown by the end of this week, and you've learned that chuck schumer and nancy pelosi have accepted an invitation to the white house after that meeting fell apart last week? >> reporter: david, democratic leaders canceled that meeting to the president after he tweeted there was no deal to be made here. now, that meeting is back on for this thursday. as for the looming deadline, republican leaders insist there will be no shutdown. david? >> a very busy week ahead. mary, thank you. next, to the security tonight, clearing the way for president trump's travel ban, even as it is being challenged in federal courts.
the ruling allowed the administration to fully enforce the ban on travel to the united states by residents of six mostly muslim countries. this week, the ninth circuit and the fourth circuit will hear arguments challenging the ban's legality. after they decide, the case will return to the supreme court for a final decision. we turn to other news tonight, and a 17-year-old high school senior is back home in florida after allegedly being lured on a 1,000-mile trek from home by a 27-year-old soccer coach. police catching up with the pair in upstate new york. and today, the daughter standing beside her parents as the family spoke out. abc's linzie janis in florida. >> reporter: standing side by side, clinging to their daughter, the parents of 17-year-old kate lynn frisina relieved she is back home in florida, after disappearing with a soccer coach from her high school. >> we are looking forward to a very merry christmas and an extremely bright future for caitlyn. >> reporter: the coach, rian rodriguez, who once gave frisina private soccer lessons,
now awaiting extradition on felony charges of interfering with the custody of a minor. >> there are indicators that there was a relationship that started in august or september. >> reporter: according to a police affidavit, before the pair disappeared, friends of frisina say she texted them saying rodriguez "wants her to leave the country with him" and she was "scared." frisina later climbing out her bedroom window after erasing her phone. her father telling police he took the sim card from that phone and discovered lewd snapchat messages she exchanged with rodriguez. the pair on the run for nearly a week, spotted twice on surveillance cameras in south and north carolina, before being detained friday in new york, less than 100 miles from the canadian border. david, rodriguez has not yet entered a plea, but the police investigation isn't over. so, he could face additional charges. david? >> linzie janis, thank you. next, to that proposed
megamerger that could bring major changes to health care. cvs offering to buy aetna health insurance, to become a one-stop shop for americans health care. you could get a checkup from a doctor there and your prescription right there at the store. federal regulators tonight must still approve that merger. next, winter weather alerts in eight states at this hour. a storm heading east across the country. plunging temperatures for much of the country this week. blizzard conditions in the northern plains. snow and wind closing schools in north dakota. we knew it was coming. meteorologist rob marciano tracking it all for us. hey, rob. >> reporter: hey, david. nearly everybody east of the rockies going to deal with a massive temperature swing. right now, blizzard conditions up in minnesota and parts of the dakotas and severe thunderstorms across the cold front from record-breaking high temperatures from kansas city up through minneapolis. the rain and the warmth will squeeze east. that cold air, it's going to feel 50 degrees colder in
minneapolis. the heaviest snows around the lake. the cold air is going to expand to the south and east and by thursday morning, boston, all the way down to mississippi, temperatures will feel like they're below freezing. near zero in minneapolis. cold stuff, david. >> rob, thank you. overseas tonight, a massive show of force in asia. the u.s. and south korea conducting simulated war drills tonight with hundreds of aircraft, including american stealth jets. it comes days after north korea test fired its most powerful missile yet. north korea saying it is those drills that are bringing the peninsula, quote, to the brink of nuclear war. there is still much more ahead on "world news tonight" this monday. the american tourist killed by a shark. the skcuba diving trip turning deadly. there is also news tonight about the death of that missing toddler. the suspect in court today. and the multimillion dollar settlement involving a daughter who died after going to the dentist to get her wisdom teeth pulled. there's a lot more news ahead.
if you have moderate to severe plaque psoriasis,... ...isn't it time to let the real you shine through? maybe it's time for otezla (apremilast). otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable after just 4 months,... ...with reduced redness,... ...thickness, and scaliness of plaques. and the otezla prescribing information has... ...no requirement for routine lab monitoring. don't use if you're allergic to otezla. otezla may cause severe diarrhea, nausea, or vomiting. tell your doctor if these occur. otezla is associated with an increased... ...risk of depression. tell your doctor if you have... ...a history of depression... ...or suicidal thoughts,... ...or if these feelings develop. some people taking otezla... ...reported weight loss. your doctor should monitor your weight and may stop treatment. other side effects include upper... ...respiratory tract infection and headache. tell your doctor about all the medicines you take... ...and if you're pregnant or planning to be. ask your dermatologist about otezla today. otezla. show more of you.
...you realize the smartest investing idea, isn't just what you invest in, but who you invest with. ♪ whstuff happens. old shut down cold symptoms fast with maximum strength alka seltzer plus liquid gels. whoamike and jen doyle?than i thought. yeah. time for medicare, huh. i have no idea how we're going to get through this. follow me. choosing a plan can be super-complicated. but it doesn't have to be. unitedhealthcare can guide you through the confusion, with helpful people, tools and plans. including the only plans with the aarp name. well that wasn't so bad at all. that's how we like it. aarp medicare plans, from unitedhealthcare.
next tonight here, new developments in the death of a teenage girl in minnesota, after dental surgery. parents suing the dentist for the death of their daughter, who died after going to have her wisdom teeth pulled. here's abc's adrienne bankert tonight. >> reporter: sydney galleger was a vibrant, active 17-year-old. the competitive diver and skier died in 2015 after going into cardiac arrest while under general anesthesia while getting her wisdom teeth pulled. sydney's parents sued the dentist, dr. paul tombach, alleging negligence and dangerous actions. the family alleged that during the surgery her "heart rate dropped dramatically, she had no pulse and became unresponsive." she was declared brain dead at the hospital a week after that routine dental procedure. the family ultimately settling out of court for $2 million. dr. tombach did not admit wrongdoing and after a temporary
suspension, he had his license reinstated. the american dental association says parents should always ask, will my child be conscious or unconscious during the procedure? and, david, the ada also says to ask for instructions and emergency contact information if there are any concerns or complications after surgery. david? >> adrienne, thank you. when we come back here tonight, the new headline in the death of that missing toddler. the suspect, the americmother's boyfriend, in court today. and the american tourist killed in a deadly shark attack. where this played out after the break. that's it? yeah. ♪ everybody two seconds! ♪ "dear sebastian, after careful consideration of your application, it is with great pleasure that we offer our congratulations on your acceptance..." through the tuition assistance program, every day mcdonald's helps more people go to college. it's part of our commitment to being america's best first job.
♪ aleve direct therapy. the only remote controlled tens device that's drug free, wire free for deep penetrating lower back pain relief. and now get aleve direct therapy. available at walmart. turns out things aren't always take guinea pigs.ey are. they're not pigs at all, nor are they from guinea. or take this haircut. i may look all business, but look out... . but there's a party going on back here. kinda misleading, isn't it? well, at carmax, you don't have to worry about being misled. the price online is the same price in the store, which is the same for everyone. even guinea pigs. it's only fair mr. biscuits. only fair. ♪ carmax music sting you or joints. something for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide.
prevagen. the name to remember. you for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends, three jobs... you're like nothing can replace brad. then liberty mutual calls... and you break into your happy dance. if you sign up for better car replacement™, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. liberty stands with you™. liberty mutual insurance. touch is how we communicate with those we love, but when your psoriasis is bad, does it ever get in the way? embrace the chance of 100% clear skin with taltz. taltz is proven to help people with moderate to severe psoriasis achieve completely clear skin. with taltz, up to 90% of patients had a significant improvement of their psoriasis plaques. in fact, 4 out of 10 even achieved completely clear skin.
don't use if you're allergic to taltz. before starting, you should be checked for tuberculosis. taltz may increase risk of infections and lower your ability to fight them. tell your doctor if you have an infection or have symptoms, or if you've received a vaccine or plan to. inflammatory bowel disease can happen with taltz, including worsening of symptoms. serious allergic reactions can occur. ready for a chance at 100% clear skin? ask your doctor about taltz today. and go to taltz.com to learn how to pay as little as $5 a month. to the index of other news tonight. the suspect charged in the death of a toddler in jacksonville, north carolina. the mother's boyfriend, earl kimrey, accused of killing his girlfriend's daughter, hiding her body and reporting her missing. the remains of 3-year-old mariah woods found in a nearby creek. he claimed to have last seen her when he saw her in the middle of the night. the deadly shark attack in
costa rica. authorities say american tourist was killed by a tiger shark while scuba diving. the shark grabbing hold of her legs. the diving instructor attacked, too. the instructor survived. president trump shrinking two national monuments in utah. skachling back bears ears by more than 80%. and the grand staircase escalante by nearly half. the president claiming he's, quote, reversing federal overreach. the sites spanning several million achors that contain large amounts of oil, gas and coal. native american and environmental groups are now protesting those moves. and it took two stakes, the pontiac silverdome standing strong after demolition crews tried to bring it down yesterday. the con strak or the blaming a wiring issue. so, they tried again today. the explosions going off as planned and eventually reduced to a cloud of dust and debris. didn't want to give up. when we come back on a monday night, the battle of the christmas lights in neighborhoods across this country. you be the judge when you see
this. what is the power of pacific? it's life insurance and retirement solutions to help you reach your goals. it's having the confidence to create the future that's most meaningful to you. it's protection for generations of families, and 150 years of strength and stability. and when you're able to harness all of that, that's the power of pacific. ask a financial advisor about pacific life. my doctor recommended i switch to miralax.on, stimulant laxatives make your body go by forcefully stimulating the nerves in your colon. miralax is different. it works with the water in your body to hydrate and soften. unblocking your system naturally. miralax.
you may be at increased risk for pneumococcal pneumonia, that can take you out of the game for weeks, even if you're healthy. pneumococcal pneumonia is a potentially serious bacterial lung disease that in severe cases can lead to hospitalization. it may hit quickly, without warning, causing you to miss out on the things you enjoy most. prevnar 13® is not a treatment for pneumococcal pneumonia... it's a vaccine you can get to help protect against it. prevnar 13® is approved for adults to help prevent infections from 13 strains of the bacteria that cause pneumococcal pneumonia. you should not receive prevnar 13® if you have had a severe allergic reaction to the vaccine or its ingredients. if you have a weakened immune system, you may have a lower response to the vaccine. the most common side effects were pain, redness and swelling at the injection site, limited arm movement, fatigue, headache, muscle pain, joint pain, less appetite, vomiting, fever, chills, and rash.
help protect yourself against pneumococcal pneumonia. ask your doctor or pharmacist about prevnar 13®. finally tonight here, it's beginning to look a lot like christmas. tonight, the families who are determined to do christmas big. here's david wright. >> reporter: 'tis the season for christmas competition. how many lights do you have? >> you know what, we don't have a huge light count. >> reporter: peter tomasello is being modest. he's competing in abc's "great christmas light fight", airing tonight. his gingerbread house on long island, about as lavish as any you're likely to see.
we've seen a few. from lucy spatto's house in the dyker heights section of brooklyn. >> those were brought in here by a crane. >> reporter: what? >> yeah, by a crane. to me, i like my whole house filled up. i don't like to see a space. >> reporter: to cranberry, new jersey, and keith shaw's giant christmas tree. >> there's over 47,000 on this tree. rockefeller has 45,000 on their biggest year. >> reporter: displays this big have been known to cause problems with neighbors. in fairfield, connecticut, police had to step in to keep the peace. here on long island, that's not an issue. is there a cutoff time, or -- >> there is. we are respectful. >> reporter: david wright, abc news, new york. >> brought in by a crane. the great christmas light fight, tonight, 8:00 p.m. eastern. thank you for watching. i'm david muir. i hope to see you right back here tomorrow.
a look at the underground measure to keep toll takers safe on the bay bridge as cal trans mourns loss of worker who died when truck slammed into the toll plaza. thanks for joining you, i'm dion lim. >> and i'm larry beil. crash was so massive. look at traffic on the bridge. smooth sailing at this moment. drivers getting a break. in major backups, a breeze coming into san francisco. >> elissa harrington joins us live. this crash brought up concerns about safety of the toll takers. >> reporter: definitely does. one lane is closed where booth 14 used to be. speed signs and barrels and other barriers in place to slow down out of control driver but
box truck still managed to kill a toll taker. if investigators find anything to prevent future tragedy they will work to make changes. bouquet of flowers on the curb where 46-year-old cecie hawn was killed saturday morning minutes after starting her shift. >> it's been rough, anytime you lose a coworker on the job. it's terrible. >> reporter: cal trans spokesman said grief counsellors are working with employees. >> just as one shift ending and another beginning, quite a few saw it and understandably traumatized and need help and support the next several days. >> reporter: hawn's husband saw the crash as well. chp is still investigating. arrested daniel burke on suspicion of