Reductions in the size of two National Monuments. Dan springer is covering this story for us. Dan, i grew up out here in colorado and spent a lot of time in utah. How big of a deal is this out there . Reporter welsh then you know this is not only a big deal in utah, but across all of the western states, as the federal government is, by far, the biggest land owner. Most of these federal monuments there. We are expecting President Trump to say hes shrunk a monument by 83 . President obama created the monument against the wishes of the Utah State Legislature and the congressional delegation. Trump is also expected to cut in half the grand stair case monument which was created by president clinton. These are the first two moves following a recommendation by the interior secretary that four monuments be shrunk and six under go management changes. Many in the rural west view these monuments as a federal land grab. Its just a great victory for rural america. Reporter the monument is said to have some prime grazing land and that grand stair case is coveted by the natural gas industry. Dana . Dana dan, what does the opposition say about all of this . Reporter well, the op significant is strong. Its coming mainly from the cities out west and elsewhere. Theyre really against shrinking any monuments and rolling back any land protection. Protesters have gathered just outside salt lake city. They were out here about 5,000 strong on saturday and environmental groups and native americans saying these are areas that need to be sprefrbed for future generations. Its been under attack for at least 200 years, if not more. The native people deserve to have their place. Reporter lawsuits are planned, but you know, past president s have done this. We are told 18 different times, going all the way back to 1915 when Woodrow Wilson rolled back protections in washington state, one of the monuments there. Dana . Dana all right, dan. Well, we know the interior secretary is speaking behind you. We will bring the president to you live when that happens. Dan, thank you very much. President trump defending Michael Flynn, saying he feels, quote, very badly for his former National Security adviser following his guilty plea last friday for lying to the fbi. The president also turning the tables, wondering what Hillary Clinton seemed to get a free pass even as special counsel mueller turns up the heat on flynn in the russia investigation. Listen. Well, i feel badly for general flynn. I feel very badly. Hes led a very strong life. I feel very badly, john. I will say this. Hillary clinton lied many times to the fbi. Nothing happened to her. Flynn lied and theyve destroyed his life. I think its a shame. Dana chief intelligence correspondent catherine hair ridge is live in washington. President trumps personal attorney responded to a tweet fired off by President Trump. It sparked conversation that the president somehow object strucked justice. James comey is taking issue with other president ial tweets saying the fbi is in tatters. Comey said he wants the American Public to know that the fbi is honest strong and dependent. An adviser said President Trump is on solid ground. Now this revelation that a decidedly antitrump fbi investigator was involved in the Hillary Clinton interviews. As the president said, its now starting to make sense. So its very frustrating to many lawabiding americans who always see a double standard. Who always see special exceptions for Hillary Clinton. Clintons old boss and Loretta Lynch are the subject of an Inspector General investigation. Comeys decision to go around his boss and make the decision whether or not there should be crip criminal charges. Dana theres scrutiny of an investigator tied to the russia probe. Thats who Kelly Anne Conway was referring to. Peter struck is now the subject of a federal watch dog investigation after he allegedly sent an antitrump text to his lover who is an fbi lawyer. This agent struck was on the ground floor of the email case when the Inspector General referred to issue to the fbi because highly classified emails were found on clintons server for government business. Agent struck was one who weighed in on whether clinton should be prosecuted but he was against it at the time because he said they could not find intent even though the gross negligence statue has no such requirement. Also helped draft an exoneration statement, a statement delivered by director comey two months before clinton and other interviews were complete. And he also led the review of the classified abedin emails found on her estranged husbands probe before last years election. Then theres more. He also played a very senior role in the russia probe that opened in july of 2015. That was a Counter Intelligence case. He was a key handler for the antitrump dossier and specifically the man you see here, the british spy, christopher steele, who compiled the Research Funded by the dnc and the clinton campaign. So the dismissal of the agent from the special counsel case is no small things, dana. Dana all right. Thank you for that report. Youre welcome. Dana meanwhile, as President Trump unleashes on the fbi in a series of tweets, senator diane feinstein, top ranking democrat on the Judiciary Committee says the president ed president s legal problems are beginning to take shape. The Judiciary Committee has an investigation going as well and it involves obstruction of justice. I think what were beginning to see is the putting together of a case of obstruction of justice. Dana joining me now director of Public Affairs at the Justice Department. Sarah, it was a very busy weekend for everybody, i think, that worked in Public Affairs at the Justice Department. I used to work there myself. I know they were never quiet. But this one was remarkable. What do you make of the president s tweets about the fbi . He said the fbi is in tatters. Do you agree with that . I dont think theres much question if these allegations prove to be traourb it would be a breach of public trust, no question. Thats why the Inspector General for the department of justice came out this weekend, as you said. Lot of us were quite busy. Came out immediately and said this was part of his investigation. I think we expect a report from the Inspector General on that relatively soon. Dana we were just talking about what catherine was mention. Theres been a dispute with the house of representatives in regard to how cooperative the doj has been. Do you want to clarify that for viewers . Look, congress has a very important job. They need to report to the American People what they found they have an oversight job as well. The department is doing everything it can to be helpful. Weaver turned over hundreds of pages of classified documents and held several classified briefings at the department for those house leadership members and senate as well. So we hope that they are doing a thorough investigation of what was going on and look forward to their findings. Dana if i could switch gears. We originally wanted to have you on to talk about the kate steinle murder case. What is the state of that at the Justice Department . Are you going to be able to press federal charges against stpheupl we unsealed an arrest warrant a day after the verdict down in texas for him on violating his supervised release. And i do think its important to step back for a second. This person was in federal custody when the state of california asked to pursue state charges against him. So he was sent to california for those. They released him into San Francisco then. Thats when Kate Steinles death occurred. So we have unsealed that arrest warrant for the violation of supervised release. Were looking at other charges as well in california and texas. We are going to pursue every available federal charge that we can. Dana what is the schedule for getting some judicial clarification, possibly even from the Supreme Court, on the issue of sanctuary cities and the legality . Do you know where that stands . It can be a frustrating process. We urge these cities to see the tragic consequences of sanctuary policies in Kate Steinles death. The jurisdiction refused to cooperate with federal immigration authorities to get criminal aliens and deport them. Instead they release them into their communities. These are people who have been convicted and held on crimes. So its working its way through the court system. I think were confident how the result will come out. But in the mean time, these cities have every choice to deport these criminal aliens instead of letting them victimize these communities further. Dana cooperation would be nice if it could happen everywhere. In the mean time, we might have to get some judicial clarify kayi kaeugs before that happens. Sarah, thank you for joining us. Thank you. Dana this is a live look from salt lake city, as President Trump is about to take the podium. Well bring that to you as soon as he speak. Plus, the president throwing his support behind Embattled Alabama Senate candidate roy moore. What his endorsement might mean for that race. And work on the gop tax bill going down to the wire. The latest on what we can expect in the final version coming up. That one daddy its beautiful. Im the worlds greatest douglas fir. Im the perfect shape. Im the perfect color. My scent like making love to a lumberjack. But halfway home, my twine gets loose. And your cutrate insurance might not pay for this. So get allstate. Where you can save money and be better protected from mayhem like me. Mayhem is everywhere. So get an allstate agent. Are you in good hands . 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Dana were just over a week away from the Alabama Special Senate election. President trump is officially endorsing roy moore in his race against doug jones. This morning the president spoke with moore by phone and tweeted democrats refusal to give just one vote for massive tax cut is why we need republican roy moore to win in alabama. We need his vote on stopping crime, illegal immigration, border walls, military, pro life, va. Note to jones, a Pelosi Schumer pup pet. Joining me now is politics editor. There is the president taking full use of 280 characters on twitter. The president s had a progression on roy moore. When he was in china and the allegations were first revealed he said, if true, he should resign. Then it was the people of alabama will decide this election. Now hes thrown forward an endorsement. Does that tell you anything about what you know about the politics or alabama . As the allegations have faded away, President Trump feels more comfortable getting behind roy moore. Make no mistake, the president s endorsement of roy moore will have a big impact in a very close race. The biggest thing republicans and Roy Moore Supporter weres worried ab is that a lot of republicans would just stay home. This is the on race on the ballot for most of alabama is this senate race. There are a lot of republicans that may want to vote republican but just dont want to show up just to support roy moore. The fact that the president is making this about the issues, tax cuts, about central issues is gonna help draw out republican turnout thats better. Dana the real player says jones 56. 6 owe moore at 42 , jones at 56 . I think thats supposed to be switched. Leading by about eight points. Does the democrat have any chance here . Theyve been trying to be pretty quiet. Alabama is such a red state, you cant have a big prayed of liberals going to alabama to try to help him win elections. So can he do it on his own . The polls are all over the map in this race. The main reason is no one knows whos gonna show up to vote because its the only race on the ballot. If africanamerican turnout is high, democrats could have an edge. If republicans dont show up because they dont like roy moore, nothing else to vote for, roy moore is gonna be in trouble. But the big take away is the democrats have a chance in alabama. I dont know if doug jones, the democrat, is the favorite. Someone who is a left of center candidate who is supportive of abortion rights usually has no chance of winning in the state of alabama. Certainly, this race might come down to the wire. Dana well keep an eye on it. Its about eight days away. In the meantime you wrote a piece this weekend on tax reform. It is interesting. As the senate and the house on the republican side get close to passing tax reform. I think its unstoppable at this point. Republicans seem to think that politically this will definitely benefit them and democrats believe it will hurt republicans. What do you think is the truth on that . Sometimes its easy to overlook the obvious political take away. Theres a reason republicans like to win on tax cuts. When people get tangible benefits they usually like it. According to the nonpartisan analysis, you got 75 to 80 of americans getting a tax cut. Its a short term political winner. The one red flag for republicans, the people who could lose out are in these high tax blue state races. So there is some exposure for republicans in new jersey, new york and california. But big picture, you actually are getting republicans an issue to run on. They didnt have any big legislative accomplishments up until this point. If tax reforms passes, that will be a center of most tv ads. Dana where do you come down . Do you think that gives them momentum for doing more . President wants to do well form reform, a border wall. Basically once you get tax reform done, if they have that, republicans will feel like they dont have to do anything else going into 2018 . The environment will still be challenging for republicans whether tax reform pass or not. You have a very energized Democratic Base thats gonna show up no matter what. Republicans can at least point to tax reform to say, hey, we got this done. Big issue for republican voters. Especially on the upscale wing of the republican voters. This is something thats going to help excite republican turnout. Its not going to imaginically make this much easier for republicans. Dana youre saying we have to stay tuned. A day in the life time in politics, we know every day brings us a new thing. We have a year to go until midterms. Dana it will feel like seven. Josh, thank you so much for being here. Thanks, dana. Dana we are awaiting President Trump in utah. He will atphoupb plans to reduce two National Monuments. Senator orrin hatch is at the podium. He will introduce the president. We will take you there live. Plus a questionable tweet from President Trumps account about Michael Flynn. Could it lead to an obstruction case against him and what is next for the former National Security adviser after he pleaded guilty to lying to the fbi. Well talk about it, coming up. People would stare. Psoriasis does that. It was tough getting out there on stage. I wanted to be clear. I wanted it to last. So i kept on fighting. I found something that worked. And keeps on working. Now . They see me. See me. See if cosentyx could make a difference for you cosentyx is proven to help people with moderate to severe plaque psoriasis. Find clear skin that can last. Dont use if youre allergic to cosentyx. Before starting cosentyx, you should be checked for tuberculosis. 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Let me just say to though here today and all across the country, Merry Christmas to everybody. [ applause ] and also happy holidays and a great new year. Were gonna have a great, great year. Joining us at this ceremony are many other tremendous leaders from utah, including your great senator mike lee. Wheres mike . Come here, mike. Get up here, mike. [ applause ] he worked along with orrin and the rest of them. We got it done. Mike, thank you very much. [ applause ] its not every day the president of the United States asks you to take the microphone from him. I want to say, mr. President , thank you for your leadership. Thank you for being here. Thank you for standing with the people of utah. We appreciate it deeply. [ applause ] thank you, mike. I also want to recognize your fantastic representatives who are with us. Rob bishop, john curtis, Chris Stewart and mia love. Thank you all. Youre here. Thank you. [ applause ] thank you. And i have to say really talk about a very special guy that i made secretary of the interior. Does he know the interior . He knows it. He loves it. He loves seeing it and writing on it. Ryan zincke who truly believes in protecting america. He is protecting america. And nobody loves it more. Thank you. Just as he protected america as an office of the legendary seal team six. Hes a tough cookie. Youve done a great job. Thank you. Governor gary herbert. Wheres gary . Come on, gary. Get over here. [ applause ] your wife, the first lady, is fantastic. Thank you very much. First lady, thank you first lady. Attorney general sean reyes. Thank you. Thank you. An original supporter of mine. You always remember those original supporters. Greg hughes. Greg, thank you. [ applause ] he was an original, right in the beginning. Thank you, greg. He had a feeling. Finally, i want to recognize the members of the local utah navajo. Thank you very much. Thank you very much. Thank you very much. Really appreciate it. Were profoundly honored by your presence here today, and im thrilled to be here with so many wonderful friends, so many people that saw something a little special and they said, were with him. Im really working hard to put it back. Thats what were doing today. This magnificent capitol in your incredible state. And it is special people in a special state. Thank you very much for being here. I have just come from touring welfare square with senator hatch and some amazing people from the leadership of the church of jesus christ of the latter day saints. [ applause ] special. Spent a lot of time with them. I went around the store. I wanted a nice can of tuna fish. And they had plenty. They really help people. Incredible. After our visit, i can truly say firsthand that utahs awesome Natural Beauty is exceeded on by the warmth and grace and hospitality of its citizens. This state has many natural treasures. But its greatest treasure by far is its people. [ applause ] and we will ensure the right of the people to live according to the faith in their hearts, which is why we will always protect your religious liberty. [ applause ] and weve been doing that. I know all of you feel blessed to be living among some of the most glorious natural wonders anywhere in the world. You cherish utahs gleaming rivers and sweeping valleys. You take inspiration from its majestic peaks. And when you look upon its many winding canyons and glowing vistas, you marvel at the beauty of gods great creation. [ applause ] and that is why im here today. Because some people think that the Natural Resources of utah should be controlled by a small handful of very distant bureaucrats located in washington. And guess what . Theyre wrong. [ applause ] the families and communities of utah know and love this land the best and you know the best, how to take care of your land. You know how to protect it. And you know best how to conserve this land for many, many generations to come. Your timeless bond with the outdoors should not be replaced with the winds of regulators, thousands and thousands of miles away. They dont know your land and truly they dont care for your land like you do. [ applause ] but from now on that wont matter. I have come to utah to take a very historic action, to reverse federal overreach and restore the rights of this land to your citizens. [ applause ] thank you. Thank you. But before i began, because i understood how big it is. Im a real estate developer. When they Start Talking about millions of acres i say, say it again . Thats a lot. So before i began, i met with senator orrin hatch, who loves utah and loves the people of utah. I called senator mike lee, who loves utah and loves the people of utah. I called your governor. I called my original. Where is he . There he is. I called all of the friends that i have in utah. I said, what do you think . They i said, will this be good for our country and will this be good for your state . They said this would be incredible for our country, will be incredible for utah. Finally, youd be giving people back their access to the land they know, to the land they understand and, most importantly, to the land that they love. I also said, will it be at all controversial . They all told me no. [ laughter ] how did that happen . I dont think it is controversial, actually. I think its so sensible. Therefore, today, on the recommendation of secretary zinke and with the wise counsel of senator hatch, senator lee and the many others, i will sign two president ial proclamations. These actions will modify the National Monuments designations of both bears ears and Grand Staircase escalante. [ applause ] as many of you know, past administrations have severely abused the purpose spirit and intent of a century old law known as the Antiquities Act. This act requires only the smallest necessary area be set asize for special protection as National Monuments. Unfortunately, Previous Administrations have ignored the standard and used the law to lock up hundreds of millions of acres of land and water under strict government control. These abuses of the Antiquities Act give power away at the expense of the people who live here, work here and make this place their home. This is where they raise their children. This is the place they love. For example, the Previous Administration designated more than a half a billion acres of land and water including bears ears. It did so overthe loud objections of the people of this state and their elected representatives. Governor, right . The results have been very sad and very predictable. Here and in other affected states, we have seen harmful and unnecessary restrictions on hunting, ranching and responsible economic development. We have seen grazing restrictions preventing ranching families from passing their businesses and beloved heritage onto the children, the children that they love. Weve seen many rural families stopped from enjoying their Outdoor Activities and the fact that theyve done it all their lives made no difference to the bureaucrats in washington. We have seen needed improvements like infrastructure upgrades and road maintenance impeded and foreclosed. We have seen how this tragic federal overreach prevents many native americans from having their rightful voice over the sacred land where they practice the most important ancestral and religious traditions. [ applause ] these abuses of the antiquites act have not just threatened your local economies, theyve threatened your very way of life. Theyve threatened your hearts. Our precious National Treasures must be protected and they from now on will be protected. [ applause ] under my administration, we will advance that through a clearly representative process, one that listens to the local communities, that knows the land the best and that cherishes the land the most. We will restore your access and your enjoyment. Public lands will once again be for public use. [ applause ] we know people free to use their land, enjoy their land, are the people most determined to conserve their land. One values the splendor of utah more than, ill tell you what. Theres nobody out there. I just came in and im looking around with orrin and with mike and with the governor and with everybody. Im just saying, what a beautiful picture it is. But no one values the splendor of utah more than you do. And no one knows better how to use it. With your help in creating our natural bounty with respect, attitude, we will put our nations treasures to great and wonderful use. Animals will graze along the open range. Sweeping landscapes will inspire Young Americans to dream beyond the horizon. And the world will stand in awe of the forestry god has worked right here in your great state. Together we will usher in a great new future of wonder and wealth, liberty and law and patriotism and pride all across this great land. Thank you to the wonderful people of utah. May god bless you and may god bless america. Thank you very much. [ applause ] thank you. Thank you very much. Thank you. And in your honor dana lets bring in chris stirewalt. That was President Trump. He was speaking in utah with a big announcement about the Antiquities Act. What do you know that . Well, it was originally conceived of as a way to preserve antiquities but has evolved especially under president obama as way to set aside land dana theyre asking me to let us listen to President Trump here. Hes continuing to have some comments. Escalante National Monument by the president of the United States and representatives. Thank you very much. [ applause ] [ applause ] dana interesting, chris. As the president was making that doing the signing statements, he turned around and he gave the pen to orrin hatch. In the time that i have with you, what might the significance be of senator orrin hatch traveling with President Trump today as the president tries to convince him to do what . Well, we are told the president is trying to convince him to run for another term in the United States senate. This is the longest serving republican senator in history. And the president wants him to go again. He wants the reason for him to want hatch to run again, hatch is designated successor is trumps long time foe mitt romney. Hatch has said if romney would agree to run for his seat, that he would step aside, that hatch would step aside and let romney, who is beloved by his fellow people in utah, that romney would be in that seat. That would mean trouble for President Trump, because he would be sparring with him maybe in the way hes been sparring with senator corker, others who maybe sometimes dont give the president a little back talk. Dana when does orrin hatch have to make that decision. Is there a deadline . We have a filing deadline coming up early in 2018. And what you would think we would see would be hatch would run the clock out and then make good on his promise to romney and hand it over. Unless the president has convinced him today and throughout recent days. Dont overlook the significance of trump making nice with the leaders of the church of jesus christ of the latter day saints. His hanging out with the mormons could be a way to bridge the gap of what they felt about President Trump during the 2016 election. Dana we should also point to orrin hatch having help deliver the president s his first and only major legislative victory of his first year. Tax reform. Unstoppable now in congress. Anything is unstoppable until its stopped. Well see how they do in conference. Remember, there are significant differences between the house and Senate Versions of this legislation that is going to have to get ironed out. Then its got to pass those houses. But, yes, no question, hatch has been, has done yomen work for trump getting this done, getting this through. Does he see a victory at the end of a long career or see it as a reason to stay can trump convince him to keep mitt romney away from washington . Dana in addition to that, we got news just before the show started that the minority leader, chuck shumer and nancy pelosi, have accepted an invitation from the white house to go back and visit with the president on thursday. Remember they cancelled on the meeting last week after the president tweeted that there was no deal to be made. But now they do have significant legislative work. Governing as a country has to continue. So everyones going to get together on thursday. How do you think that will go . This week has already tipped. Its a total mess because they have not just we have a Government Shutdown deadline coming on the 8th. Its now. The time is now. Republicans are looking for a two week punt so they can try to roll it altogether and do one of those ever lasting tkpwob stopper numbers at the end of the year. This week its not just that. Its also daca and military authorization. Its all of these things. Theyve got to get done right now. Pelosi and schumer saying you need eight democrats in the senate to pass anything on all of this stuff. What are you gonna give us . Dana what do you think he would give them . Anything . There has to be something. Cheese burgers . I dont know. What trump needs here is not to be perceived as caving to democrats on any key points in the place at which his base is the most testy is on the question of immigration. Thats where theyre going to try to go to the president. Theyre going to try to force him on dreamers, young adults brought to the United States illegally as minors. Theyre going to try to push him hard on that. His base is unforgiving. Maybe he can find a sweetener for that. Remember, the key to this always is, if its about money in washington, it doesnt matter because they dont care any more how big the deficits are. To me theres a way to borrow another couple trillion bucks and make everybody happy. Dana well, maybe through these tax cuts giving us more Economic Growth that wont be a problem . No, i dont think thats going to work. Isnt it interesting to watch a republican president there is a big difference aoeud logically between liberal and conservative president s when it comes to the use of federal lands. What President Trump did today, for some republicans would have been unspeakable because the negative press coverage about being against the environment could be so overwhelming and yet he gave a convincing case there about, as a conservative, saying i believe that utahans have the best understanding of their land so im turning it back over to you. About 80 of those monuments. Think about it this way. The enormous amount of land that the federal government controls in the west is a huge issue for western voters. But also this. Theres a lot of ways in which president obama created the donald trump presidency. Not just the fact that republicans picked trump as their nominee. Obama went way farther, way farther with these sorts of designations. This is all part of i have a pen, i have a phone, i can do what i need to do because these republicans in congress do all these things. That is, as it has turned out, been quite dire for a lot of liberal concerns because obama did it in short cut fashion. That means it can be unshort cutted. What trump is really doing here isnt creating he said it was historic. It was this. Really what its doing is reverting to undoing obama. Thats the biggest part of trumps mandate to his base, which is to wipe obama from the history book. Destroy Barack Obamas legacy. He did a big chunk of it right there. Dana all right. Chris, thank you very much. We appreciate it. Get home safe. Dana thank you. I will. We continue to watch President Trumps bill on the station, just leaving now. Controversy mounting over one of the president s tweets on the russia investigation. The president tweeting saturday that he had to fire his then National Security adviser Michael Flynn because flynn had lied to the fbi. That is raising questions about whether he obstructed justice when he later fired former fbi director james comey. Mr. Trumps lawyer later taking credit for writing the tweet. Meanwhile, white house counselor Kelly Anne Conway said shes waiting for evidence of collusion. Lets bring in our legal panel. A former federal prosecutor and partner at the Thompson Coburn law firm. His first time on fox. Im glad you are here. And an associate professor at the south Texas College of law, specializing in constitutional law. We have a great legal panel for you here. First on fox appearance is here with me on the Daily Briefing explain to me, is the president and his legal team expanding their legal liability with these tweets and then talking about the tweets . Or does it not matter . I think so. The typical strategy for a legal team is to have the lawyers issue these carefully crafted statements. I think weve seen that from some of the legal teams like jared kushner. These statements were clearly written by a lawyer. Here we have a tweet that appears to be evidence that mueller could use against the president. Where essentially the president saying, i knew in this tweet that mr. Flynn committed a felony before this alleged conversation with james comey. Now we have his attorney saying, i actually wrote that tweet. I got that into the president s account. I will tell you thats, at the very best, a big mistake by that attorney. Typically you release statements under your own letterheadont t responsibility for them. Now hes really given himself a witness in this case, which is not a good thing. Dana certainly unusual all of this has been. Josh, let me ask you about this question that was raised this morning on whether a president can be accused and if found guilty of obstruction of justice. I think youll see thats never been done before. Ever been a case where a president has been tried in any court anywhere for obstruction of justice. The constitutional question is this. Can the president go to jail for exercising his own Constitutional Authority . Under our constitution in article ii the president has the power to remove anyone, including james comey. In light of that, congress cant criminalize the president s exercise of his own lawful authority. Dana can i ask you, renata, to help me understand something. Theres a back and forthed. I know youre active on twitter. About what Alan Dershowitz said ab there not being an obstruction of justice charge. All this issue about lying to the fbi and whether its material or not. For those viewers paying attention to this story and want some clarification, how would you explain that . Sure. First of all, ill have to say, i disagree with Alan Dershowitz on lying to the fbi. Hes right that lying has to be material to the fbis investigation. Frankly, mr. Flynn plead materi fbi investigation. I dont really understand the argument that they are not material. I thought it was a misleading argument. As to the other point, while the president has the power to fire or hire who ever he wants, doing that for unlawful reasons i think can be a crime. So for example, if the president took a bribe and was firing somebody because he took a bribe im not saying that happened here. Im just using that as an example. That would be a crime. I just will have to disagree about this. Dana all right. The president s comments went a little longer, so i have to cut this short, but thank you both for being here. Well have you back. Thank you. Dana Supreme Court set to hear a potential landmark case pitting religious liberty versus the right to same sex couples. It all started in a suburb not too far from denver as the Daily Briefing returns to the mile high city after the break. Hi, im joan lunden with a place for mom every day we hear from families who partnered with a Senior Living advisor from a place for mom to help find the Perfect Place for their mom or dad thank you so much for your assistance in helping us find a place. Mom feels safe and comfortable and has met many wonderful residence and staffers. Thank you for helping our family find our father a new home. We especially appreciate the information about the va aid and attendance program. I feel i found the right place. A perfect fit. You were my angel and helped guide me every step of the way dana the Daily Briefing is live in denver which is the latest battleground over the First Amendment because tomorrow is Supreme Court is set to hear a case about a dispute between the owner of a bake shop and same sex couple. Alisha akunya is here with more. What do you know . Both sides acknowledge this really has nothing to do with cake. Take a look outside the u. S. Supreme court today. Folks waiting outside the courthouse in hopes of getting a seat to hear oral arguments tomorrow. Jack phillips who owns Masterpiece Cake shop in the denver suburb of lakeland was behind the counter in july 2012 when Charlie Craig and dave mollusk came in to order a custom cake for their wedding. Phillips told them he does not make cakes for same sex weddings. They sued and a court sided with them. Now the Supreme Court will hear the question whether applying the public accommodations law to include phillips to create expressions which violates his views about marriage violates his First Amendment. This case is not about a cake. This case is about us being discriminated against in a public accommodations business because of who we are and in this case because of who we love. We think its important for people to understand that this case has ramifications far beyond just the Gay Community and could affect many different communities that have long been protected by the law. Phillips wrote in an opinion piece for usa today quote, what i design is not just a pile of flour and sugar, but a message tailored to a specific couple and specific event. In this case, i couldnt. What a cake celebrating this event would communicate was a message that contradicts my deepest religious convictions and as an artist thats just not something i am able to do so i politely declined. Considering all the hate mail my family has received since i was sued, a lot of other people dont see tolerance as a two way street. Ruling is expected by june of next year. Dana i thought that was in 2012 that that first started. Theres a coloradon on the Supreme Court now. He was in Denver Colorado and now will be hearing this case. Yes. Justice neil gorsuch, hes part of the conservative majority on the court. So he probably wont show us any surprises in this case because hes long been a protector of religious freedom. However, the one to watch will be Justice Anthony kennedy. Hes likely to be the swing vote. Hes the one who wrote the 2015 majority when same sex marriage was legalized. Dana thank you so much. Well be paying attention. Im sure well have you back on the Daily Briefing as this gets solved. Well be right back. Okay folks lets get the lady of the house back on her feet. And help her feel more strength and energy in just two weeks. Yaaay the complete balanced nutrition of ensure with 9 grams of protein and 26 vitamins and minerals. Ensure. Always be you. The good news for today comes from a kansas man that shows that age is number but a number. This world war ii vet says he doesnt have extra money so he found another way of helping out. Listen. I can give them a little time and help out where i can. It feels good. I feel good every time anybody puts something in that container. Remarkable person. Thanks for joining us here in denver, colorado. Im dana. Heres shep. Shepard its 3 00 on the east coast. 2 00 in alabama. And go getem roy those are the words from President Trump to the republican Senate Candidate roy moore today. Moore has denied accusations that decades ago he assaulted and harassed teens and now the president has endorsed him saying roy moore would be better than the democratic candidate. The president also pushing back against the russia investigation calling it a witch hunt and accusing the fbi of playing favorites. A top democratic senator talking about a possible obstruction of justice case against the president. The president s lawyers say the case wont stick. Both sides ahead. The house and senate work on a tax bill
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