The photo was given. Governor northam put out a paper statement apologizing for the photo saying the decision i made to appear as i did in this photo and for the hurt that decision caused then and now. Well, when it quickly became clear that wouldnt cut it, the governor put out a oneminute video apologizing, taking responsibility and pledging to work hard to regain the trust of virginians. But the calls for northam to step down continued to pace and from within the Democratic Party. Several democratic president ial candidates called on northam to resign and so did the naacp and the black caucus had a meeting with northam late friday night that did not go well because they left that meeting calling on him to step down. As friday night turned into saturday morning, the question seemed to become not if ralph northm would resign but when. When word came the governor was planning a press conference, everyone asuchlsumed it would bs resignation announcement but suddenly, it wasnt. Virginia Governor Ralph Northam stepped to the podium and said actually, the photo wasnt of him. That he had studied the photo and racked his brain and talked to his med School Friends and used some sort of facial Recognition Technology and it was not him and hence, he would not resign that prompted predictably baffled questions from the assembled press. If you knew it wasnt you, why not say that publicly . Allen, i didnt know at the time. There was so much happening, but like why didnt you know . You said you saw the picture and said that cant be me. Why not say that first . Well, because my word is important to me and my first intenti intention, allen, was to reach out and apologize. When this broke yesterday afternoon, there were just a lot of people calling and i just felt like i needed to talk to them and to put out a statement that this is unacceptable to have a picture such as that in the year back on my page and so thats why i started reaching out to people. You can do that without saying that is me in that picture, though. It has taken time for me to make sure that its not me, but im convinced, i am convinced that i am not in that picture. Northa ms first go at an apology wasnt terrible. He did acknowledge having done something harmful. He did seem to say the right things and suddenly, the next day he didnt. Its just weird. How could he not have known that a photo on his medical school year back page wasnt of him . Why would he admit to being in a photo in black face standing next to someone in a klan uniform or in a klan uniform standing next to someone in black face if neither photo was him . If he wasnt sure it was him or could be him, what does it say about the things Ralph Northam was up to in 1984 . If youre old enough to remember 19d 1984, think about this. He had something to say about what he was up to in 1984 and this is part you might have heard about. This is the part of saturday Night Press Conference that made you spit out your coffee if you were watching it live. To be clear, this that youre about to hear is not Ralph Northam responding to an allegation or being confronted with evidence of something he did, this is a story Ralph Northam brought up unprompted explaining why he would not be resigning. My belief that i did not wear that costume or attend that party stems in part from my clear memory of other mistakes i made in this same period of my life. That same year, i did participate in a dance contest in san antonio, in which i darkened my face as part of a Michael Jackson costume. I look back now and regret that i did not understand the harmful legacy of an action like that. I had the shoes. I had a glove. And i used just a little bit of shoe polish to put on my cheeks and the reason i used a very little bit is because i dont know if anybody has ever tried that but you cannot get shoe polish off but it was a dance contest. I had always liked Michael Jackson. I actually won the contest because i had learned how to do the moon walk. You said that the competition in san antonio was dance competition . Yes. You danced the moon walk . Thats right. Are you still able to moon walk . Inappropriate circumstances. My wife says inappropriate sis circumstances. I dont know there are ever appropriate circumstances for the governor to do the moon walk on national television, these are not them and any chance Ralph Northam would win back the support of democrats that abandoned him or those on the fence, that press conference was probably the end of it. On friday, this is before the press conference, virginias u. S. Senators tim kaine and mark warner, u. S. Senator mark warner had said only that northam should consider how to move forward and on saturday they called him after watching the press conference and said he should resign. Douglas wilder, the former African American glove nor over on saturday morning the choice of continuing an office was ralph northa ms to make. By saturday dinner time, he said its difficult for anyone that watched the press Conference Today to conclude that he has any other choice but to resign. The virginia legislative black caucus, which had already called for northam to resign on saturday turned it up to an 11 saying their confidence in northa ms ability to govern is eviscerated. He went and scored on own goal saturday instead of the apology, he wrecked his own story. I mean, here are the front pages from the richmond, virginia times dispatch from saturday, im sorry, from friday to saturday. Not a good look. And we were left with this. Is he lying . Is he a racist . He a racist . But in a certain way democrats in virginia and beyond may have more or less been feeling like they dont have to grapple with such questions because in purely political terms, the potential damage that a Ralph Northam implosion can cause is limited because the thinking is once Ralph Northam leaves office, however long that takes, his place would be taken by virginias Lieutenant Governor, a young accomplished African American democrat seen as a rising star in the party Justin Fairfax. Justin fairfax is the reason its been particularly easy for democrats to call for norta ms ouster which is why it has the potential to throw the states politics into further chaos. The same online right wing news site that published the page late last night published an allegation of Sexual Assault against Justin Fairfax dating to 2004. It was second hand and relatively nonspecific and might have remained an uncorroborated allegation floating around the right wing blog but Justin Fairfax then put out a statement saying that the Washington Post had looked into this allegation a year ago and had been unable to corroborate it, which prompted the Washington Post to publish its own story confirming that it had in fact looked into the allegation and quote, found no similar complaints of Sexual Misconduct against him without that or the about toy to coon rate the womans account in part because she had told no one what had happened, the post did not run a story. End quote. Today the Lieutenant Governor spoke to reporters for about ten minutes and said the encounter at the 2004 Democratic National convention was consensual and declined to call on Ralph Northam to resign and said hes in a unique position and wanted to remain circumspect. A political pact supports him and suggestions ralph northa ms team might be behind this allegation as a way for northam to sure up his position by making his presumed successor less appealing. Justin fairfax artfully dodged if this was true. It was said you believe the Governors Team is spreading misinformation about your team. Can you comment on that, please . Collective pac made its statements do you believe it . I dont know precisely where this is coming from. Weve heard Different Things but here is the thing, does anybody think its a coincidence on the eve of my being elevated, thats when this uncorroborated smear comes out . Does anybody believe thats a coincidence . As of tonight, Ralph Northam is still the governor of virginia. Every prominent democrat is on the record saying he should go. This has been a stand off for three days. What does it mean the guy everybody assumes will be the governor of virginia any minute is facing an allegation of a different kind and what happens if the guy who is still governor and Democratic Party is united in saying has to go wont go . All right. Joining us now is Virginia State delegate sharnel herring. Good to have you with us tonight. Thank you. Thank you for having me. Look, its been a crazy three days. What was your first reaction when you saw the photo in governor northa ms yearbook . I was horrified and painful to look at and shocked, absolutely shocked. You called for Governor Northam to resign. You called for him to resign after he said he was not in the photo. I assume nothing the governor said, the printed statement on friday night and video statement on friday night and the unusual press conference on saturday swayed you. Nothing swayed me. In fact, it makes me even more sure he needs to resign. People are waiting to move on, and each day that goes by is painful for virginians. Painful for the delegates of my caucus and legislature who are fighting for the values that we believe in, and he is serving as a distraction now. Delegate herring, were you there . No, but the governor gave me a call while he was on the road. What did he say . He was sorry. That was him in the picture. I said what are your next steps . He said ill issue a statement and go on the camera to apologize. Is there anything he could have said that would have called for you to not call for his resignation . No, because of the painful history of African Americans in this country and especially here in virginia, this is the 400th anniversary of the state legislature, 400 years ago slaves were brought to the shores of the commonwealth of virginia. Ive had a personal experience with a cross burning on my car with my family when i was a child. There is nothing he can say to me that would say it would be okay because that history run ss deep with so many African Americans. We lose the trust of the people when you have that past. Having grown up and understood its complex and in many cases racist history, is there anything that can cause you to say that maybe in 1984 it was different than it is today . Not a darn thing. That was in 84, i was in high school and in 1984 Douglas Wilder was running for the governor of the common wealth. Thats what i remember in 1984. Things werent different. That wasnt historical election. And race relaltions and my own personal experience, it wasnt a different time. Were not talking about the klan that happened after the civil war. Were talking about 1984, a modern term. If Governor Northam stepped down, the next would be Justin Fairfax. What do you make about this allegation thats been made against him today . Its too early. I know that there is an allegation out there. Were waiting for the facts to develop. Right now, as i know, all i know is the hearing now, we have a governor whose lost the trust of the people of virginia, and we are in the middle of our legislative session, and weve got important issues to address like sex trafficking, what to do with the budget, what are we going to do for virginia taxpayers. Thats one of my focuses. Virginia state delegate cahrnil herring, thanks for being with us. Thank you. Larry, good to see you. You didnt hold out hope the governor would make it and whether he was in the Yearbook Party in your evaluation of what he has to do next. No, i just dont see how he survives and some people in and around the capital who are have color toes, the governor except virginia, the debate now at least with people and talking about giving him some space and time to adjust. Were not talking months, were talking about a short period of time and at least put his stamp on the sllegislature because it in mid session and ends february 22nd of this month. No, i havent changed my mind and its not because ralph nort northam is a horrible person. Hes a good person. Hes been a good governor, but this is glohis predecessor, put it best. This is no longer about ralph. It isnt. It gone way beyond tim. Thats what is critical. So whether he decides he wants to take days or weeks to leave office, if the delegates or if the Democratic Party in virginia doesnt see eye to eye with him and sounds like they dont, what can they do . What they can do is to put pressure, i suppose, psychologically on him. Hes already had one college withdraw an acre cemented the invitation. William and mary . That is correct. There are a number of legislatures, ive been told who will not meet with him if he stays in office. Its difficult to be governor if legislatures wont talk to you. Its difficult to be governor if youre hunkered down in the govern Governors Mansion like lbj at the end of his term or nixon during watergate. Tough to govern. Ralph northam has the mind and takes awhile to adjust and hell do the right thing. A number of people have said tonight that with Justin Fairfax, Lieutenant Governor being second in line and the allegations made against him, a number of people said they dont want that influencing how they think about what has to happen to Ralph Northam. For democrats in virginia, it suddenly becomes important. On friday night the argument was Justin Fairfax is ready to go. This is a young accomplished man who is in a position to take on the role of the governorship if Ralph Northam has to leave. Do you believe now this allegation of Sexual Assault is going to damage that plan . No, i do not. It may damage to some degree his popularity. Well have to see how it plays out. The newspaper that is investigated it pretty thoroughly and many months ago said there is simply no way to corroborate the womens story or Justin Fairfax story. We have this principle that a person is innocent until found guilty, and i think that applies even to Lieutenant Governors. I dont think it will damage him, if and i know of nothing, and i dont think there is anything but if additional da damaging information or accusations came out, the flu in this theory this is cooked up by steve bannon and breitbart, although i can believe anything, the theory is they are the ones behind this. The problem with that theory is the person next, next in line behind fairfax to the governorship is democratic attorney general mark herring, no relationship to delegate harry. You still get a democratic governor. Mark herring was the person who Justin Fairfax lost to when he ran for attorney general and then he became Lieutenant Governor. Larry, always good to see you. Thank you for joining me. Thank you. The director of the University Center for politics. Much more to get to, the president s legal troubles are expanding. Federal prosecutors subpoenaed documents for the committee that put together trumps inauguration and one of the reporters that broke the story joins us next. Reporters that broke the story joins us next. Nyone wh uh uh im the one who delivers the news around here. Liberty mutual has Just Announced that they can customize your Car Insurance so that you only pay for what you need. This is phoebe buckley, on location. Uh. Thanks, phoebe. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. I can do more to lower my a1c. Because my body can still make its own insulin. And i take trulicity once a week to activate my body to release it, like its supposed to. Trulicity is not insulin. It starts acting in my body from the first dose and continues to work when i need it, 24 7. 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We know that when youre spending time with the grandkids every minute counts. And you dont have time for a cracked windshield. Thats why we show you exactly when well be there. Saving you time, so you can keep saving the world. Kids safelite repair, safelite replace from the very beginning. It was always our singular focus, to do whatever it takes, use every possible resource, to fight cancer. And never lose sight of the patients were fighting for. Our Cancer Treatment specialists share the same vision. Experts from all over the world, working closely together to deliver truly personalized cancer care. And these are the specialists were proud to call our own. Expert medicine works here. Learn more at cancercenter. Com. Appointments available now. This is the inauguration for you. Donald trumps inauguration of 2017. If you got claustrophobic like i do in big crowds, this was also the inauguration for you apparently or if you dont like particularly wellknown bands or a big fan of d. J. Ravi drums, that would be the inauguration for you. Donald trumps inauguration defied all rules of nature. It was twice as expensive as president obamas inauguration and half as dazzling. The Trump Inaugural Fund raised a recordbreaking 107 million, most of that was spent but where the money went and to whom remains an open question. Despite promises there would be a full and clean external audit of the inaugural committee finances, its not clear that ever happened. Back in december we learned federal prosecutors were investigating whether the com t committee misspent some of the 107 million it raised from donations. At that point, the criminal probe by the manhattan u. S. Attorneys office was in quote early stages reportedly they were looking at whether foreigners illegally funneled donations to president trumps inaugural l cocommittee and specifically, whether people from specific u. S. Nations used draw donors to disguise donations to the funds. The federal prosecutors in this story are base in manhattan, these are separate and apart for those who work for special Counsel Robert Mueller and russia investigation. This is a different investigation. Back in december the reporting called this criminal investigation in the early stages. Tonight we have breaking news because that investigation appears to be in full bloom. Multiple news organizations reporting tonight that federal prosecutors in new york reached out today to president trumps inaugural committee. The committee was served with subpoenas that and ordered to turnover documents about its donors, finances and activities as well as quote any benefits handed out including tickets and Photo Opportunities with the president , federal disclosure filings, vendor contracts and more. This is coming out of the Southern District of new yorks public corruption section. Totally different from the russia investigation. Its worth remembering that Donald Trumps longtime personal Attorney Michael Cohen and the trump organizations chief Financial OfficerAllen Weisselberg have both been cooperating with the same federal prosecutors in addition to rick gates, a Trump Campaign deputy who also worked on the inauguration. So its not clear where this is coming from but they got a lot of people that might be telling them something about the inauguratio inauguration, among the documents prosecutors want is anything regarding donations to the committee made by or on behalf of Foreign Nationals. Joining me now is rebecca, one of the wall street journal reporters who has been on this story. Rebecca, thank you for joining us on such short notice and thank you for your reporting on this. Thanks for having me. First of all, the Southern District of new york is looking for these documents. Do you have any indication whether the committee is willing to hand them over . It seems that they are. The committee put out a statement earlier tonight saying they just received the subpoena and reviewing it but it was their intention to cooperate. The subpoena coming from the Southern District of new york makes people wonder whether its related to or over lap with Robert Muellers office and investigation. Do you know about that . Well, we know that mueller has one point in looking into donations for the inaugural fund for Foreign Nationals. Its not clear to us whether thats on going or referred to the manhattan u. S. Attorneys office. We know that this investigation into the inaugural fund grew out of the previous investigation into Michael Cohen and his business dealings among the records that were seized in the april raid of his properties was a tape of him having a conversation with an advisor to the inaugural about her concerns that some of the money was being misspent. We know those are the origins of the investigation. Let me ask you this, what are they looking at . There are a few questions, the fact it was really expensive but didnt seem to look like something that was as expensive as it would be so is it money thats being funneled places and a question of just following that money or is the bigger concern whether foreign officials, foreign governments could have been using this as a way to influence donald trump or gain favor with donald trump . Well, our take away from the subpoena that we review tonight, their investigation appears to be really broad and seem to be looking at every part of this. They ask for documents related to, as you mentioned, any Foreign Nationals that donated or discussions of possible donations from Foreign Nationals, but they also ask for records related to any direct payments from donors to vendors, which would have allowed donors to effectively not give disclosure rules. Rake gates, which was the deputy chairman on the inaugural l C E Committee was asking several vendors if they would be willing to accept payment directly from donors. The other thing they are asking for is any records related to one donor in particular, a Los Angeles Based finance and a longtime democratic donor who in december 2016 donated 900,000 to the trump inaugural committee. Hes also someone that once registered as a Foreign Agent on behalf of this is interesting this is the only donor they single out. We know of one person in the past said they donated money, a straw donor and representing a Foreign National who wanted tickets to inaugural levents. We know some of that activity took place. Thats right. We saw last year in august some patton pleaded guilty and was a straw purchaser so a prominent oligarch could attend the nomination. Thats one part that started to come out. An interesting development, rebecca is a reporter for the wall street journal. Still ahead, why some of the intelligence professionals responsible for briefing the president say hes endangering the nation by ignoring them. Stay with us. The nation by ignoring them. Stay with us boy got it. dad its slippery. boy nooooooo. grandma nooooooo. dad nooooooo. dog yessssss. vo quick, the quicker picker upper bounty picks up messes quicker and is two times more absorbent than the leading ordinary brand. boy hey look, i got it. Bounty, the quicker picker upper. We know that when youre spending time with the grandkids every minute counts. And you dont have time for a cracked windshield. Thats why we show you exactly when well be there. Saving you time, so you can keep saving the world. Kids safelite repair, safelite replace but prevagen helps your brain with an ingredient originally discovered. In jellyfish. In clinical trials, prevagen has been shown to improve shortterm memory. Prevagen. Healthier brain. Better life. 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This is the entire description of their setup. Its been called the navys best kept secret and today we found how tight that secret is apparently kept because not even the president seems to know what is going on over there. Time magazine is out with this remarkable piece laying out in pain staking detail how the president has been ignoring his Intelligence Briefings. Senior intelligence officials tell time magazine, the president is endangering American Security with a stubborn disregard for their assessments. One of the episodes of stub bbo disregard was with garcia. In preparation with british Prime Minister teresa may, the subject turned to the territory of diego garcia. Its home to a u. S. Naval support facility central to americas ability to protect power in the region, including in the war in afghanistan end quote. After that briefing, the president wasnt interested in the troops on the base or war in afghanistan and probed two questions, they were quote are the people nice and are the beaches good . This expo say from time magazine, the Intelligence Community sounding the alarm how the president is not only uninformed but uninterested in details krcritical at the natiol security. It is a terrifying portrait but perhaps not a complete surprised when paired this with. The news outlet got hold of the priva private schedules and show the president spent 60 of his time in quote unstructured executive time. Which is code for watching cable news and talking with his supporters on the phone, which is extraordinary on its face and mind boggling to see in black and white that the president spends most of his time not doing his job, also, just as remarkable is that we have these schedules in the first place, the president s private schedules are called private for a reason. They are not supposed to be leaked to the public. Since the president took office, there have been a stunning number of leaks from this white house from intelligence professionals in particular sounding the alarm about the threat that the president poses to National Security. There were leaked transcripts with foreign leaders and the anonymous op ed and the report about the unsecured cell phone and the leak about the fbi investigation into whether hes actually secretly a Foreign Agent. More recently, there were reports about the handling of a security clearance for the president s soninlaw Jared Kushner and how the president went to Great Lengths to hide his conversations with vladimir putin. Those are not the kind of details that we the public are supposed to know. High level intelligence is meant to stay a secret. What are we supposed to do with this information . Joining me now, the chief operating officer on law fair and also a former Intelligence Officer and briefing under former president s george w. Bush and bill clinton. Its great to have you with us, thanks, sir. Thanks. You used to be a keeper after classified intelligence. What do you make of high level secrets spilling out into the press . The schedule and all of those other things i articulated 1234. Its surprising. The level of trust and loyalty the white house gets, not to mention others in the executive branch is usually enough to prevent this but lets be honest, most of those things you cited were not top secret classified information. Something like the president s schedule is unclassified. It may be sensitive but the kind of leak freaking about classified information getting out isnt about this. These are things that are the way the president does business. They are shocking and its the kind of thing we dont see in most administrations but its not the same as information leaking out from the intelligence afgaiencies about sensitive collection overseas. Thankfully, were not seeing waves of that. Got it. Here is something interesting, the idea that the intelligence briefers are concerned how he consumes information or doesnt Pay Attention to it dove tails with what we saw last week with the intelligence chiefs at their yearly testimony before congress. Suggesting things that are not in keeping with what the president thinks of as National Security priorities. So on one hand, is he at odds with the Intelligence Community or is he just not in touch with what the community is trying to tell him . Both can be true. This is a unique president with how he approaches intelligence. This is the first president that the Intelligence Community had to deal with whose departure point is not the truth. He goes from his belief first. Thats a real challenge for an intelligence briefer because the Cardinal Rule of Intelligence Briefings is you tell the president what reneehe needs to and if that conflicts with a belief, thats a challenging briefing. Lets be honest, hes having at least some of these Intelligence Briefings. Two years ago if you asked professionals if the president would still be sitting down with people whose only mission is to tell him the truth whether he wants to hear it or not, most people would have said there is no way trump is going to be putting up with that and yet, something is working. There is something about these briefings that gets through to him. We dont know what it is. It may we hope something does. It may be everybody is adapting to the way he consumes. President s have consumed briefings differently. Oh, yes. Some read that the president ial Daily Briefing that is given to them and asked questions based of it. Some are briefed in person daily. What do we know about donald trump and how he consumes and how that compares to other president s . Yeah, its funny. Donald trump in his pattern of receiving Intelligence Briefings is most like two president s that he probably would not like being compared to. And thats bill clinton and barack obama because both of them received in person Intelligence Briefings from Intelligence Officers for their daily intelligence but didnt get it daily. They got it a couple times a week on average. There is a key difference, we have no evidence donald trump is reading the daily brief on the days hes not getting briefings or engaging with security staff and president s clinton and obama and all previous president s spent a lot of time either reading the president s daily brief, if they didnt take oral briefings and talking about it with their National Security advisors and other senior officials. Were missing that in the trump case. We havent seen any reporting thats the case and almost exactly a year ago, the Washington Post reported that in fact, the president was not reading the president s daily brief on those days when hes isnt getting the in person briefings. Remarkable, david, thank you for sharing insight. The chief operating officer of law fair, a former Intelligence Officer and daily briefer at the cia. Appreciate your time tonight. Welcome. Stay with us. Our time tonigh welcome. Stay with us. To be nobody but yourself in a world which is doing its best to make you everybody else. Means to fight the hardest battle, which any human being can fight and never stop. Does this sound dismal . It isnt. Its the most wonderful life on earth. And relief from symptoms caused feel the clarity of nondrowsy claritin its the most wonderful life on earth. By over 200 indoor and outdoor allergens. Like those from buddy. Because stuffed animals are clearly no substitute for real ones. Feel the clarity. And live claritin clear. We know that when youre spending time with the grandkids every minute counts. And you dont have time for a cracked windshield. Thats why we show you exactly when well be there. Saving you time, so you can keep saving the world. Kids safelite repair, safelite replace breathe freely fast, with vicks sinex. My congestions gone. I can breathe again ahhhh i can breathe again ughh vicks sinex. Breathe on. Burning of diabetic nerve pain these feet raised a bouncing boy and climbed the ladder in the hardware business. But i couldnt bear my diabetic nerve pain any longer. So i talked to my doctor and he prescribed lyrica. Lyrica may cause serious allergic reactions, suicidal thoughts or actions. Tell your doctor right away if you have these, new or worse depression, unusual changes in mood or behavior, swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. Common side effects dizziness, sleepiness, weight gain, swelling of hands, legs, and feet. Dont drink alcohol while taking lyrica. Dont drive or use machinery until you know how lyrica affects you. Those whove had a drug or alcohol problem may be more likely to misuse lyrica. Now i have less diabetic nerve pain. Ask your doctor about lyrica. President trump described his border wall in a number of different ways. He called it a fence and said it artistically designed steel slats and referred to it as peaches but regardless how the president might describe it, americans do not support it. According to a poll out today, 6 60 say they oppose Major Construction of border walls along the u. S. Pex meximexico b. That number ticked up. Trump is losing the p. R. War on this one and as he gears up for his state of the union tomorrow evening, here is another number worth noting. The vast majority of americans, 81 favor a path to citizen ship for undocumented immigrants living in the country. Public opinion is not on the side of the Trump Administration with immigration policy and thats before democrats in the house have even started putting the trump immigration policies under a microscope like they are about to starting this week. This thursday. Democrats on the house energy and Commerce Committee will hold a hearing entitled examining the failures of the inhumane family separation policy. It was anounlnounced the House Judiciary Committee will hold a hearing on the policy in a blistering statement, democrats on that Committee Said that quote, there has been little oversight of the role that the departments of homeland security, justice and health and Human Services played in creating and implementing a policy that resulted into thousands of children being separated from their parents at the border. It is clear that the departments were either incompetent or gr s grossly negligent in the policies implemented. It is time for a full accounting of this shameful policy. Todays announcement comes in the wake of a chilling court filing submitted late friday. Administration now questions whether it is even possible to find all the Migrant Children who have been separated from their parents or guardians at the u. S. Mexico border. In addition, administration does not dispute an Inspector General report that says thousands more Migrant Children may have been separated beyond the 2700 children who were removed under the Trump Administration zero tolerance policy in 2018. In a court document, a top official with health and Human Services says even many tracking down the separated trichildren e within the realm of the possible, her office does not have the resources to do it. Perhaps even more jarring, the Trump Administration argues that removing these children from sponsor homes to rejoin their parents would quote present grave welfare concerns, saying that such a move quote would destabilize the permanent of their existing home environment and could be traumatic to the children. The aclus lead attorney said the Trump Administrations response is a shocking concession that it cant easily find thousands of children it ripped from parents and doesnt even think its worth the time to locate each of them. Joining us now, aclu attorney in addition to being the lead attorney in the case, hes the Deputy Director of aclus immigrants rights project. Lee, great to see you. Thanks for having me. One of most stunning parts of the filing, Administration Says thousands more children may be separated at the border. I find it hard to believe in 2019, all we are able to do that the government says they cant track these kids down, they cant rejoin them, reunite them with their families. The parents have been in many cases expelled. How do you make sense of this . I dont think you can make sense. Youre right. Its stunning. I think its stunning in a lot of respects. First of all, were a year into this litigation and now we find out not from the government but from an internal report that there may have been thousands, thousands of other kids separated. The government is conceding that they are not sure where the kids are and probably most stunningly, they are saying its not worth trying to find them and that it could be bad for the kids to reunite them with their parents. Thats untenable. Thats a very strange argument, right . Yeah. The argument that its in the childrens best interest they are not returned to their parents and remain in sponsor homes. Courts in america have not usually held that. No, held that. Absolutely not. The government is acting as if these are parents who put their kids up for adoption decades ago and now want to reinsert themselves in the lives of these children. These were children who were ripped from their parents arms literally within the last year, 18 months, and now the government is saying, well, maybe the children dont really want to see the parents anymore. Its a stunning argument. For the United States government to say, well, we dont want to dedicate the resources to try to reunite these families we separated, and that its probably not worth it, i mean, thats a remarkable statement. We just got an announcement were going to send 3500 more troops to the bored erder. That could be money used for these children. Thats right. The house and Senate Committee will be Holding Hearings on family separation. Thats an important first hearing on family separation. As you mentioned, there will be other hearings, but this one on thursday, i think, is critical that the members of Congress Really press hhs and say, why isnt it worth it . Why cant you find these kids . Why in america are we not going to try to find these children . I believe youre going to be testifying on thursday at that hearing. I will be. I will be. Youll be back in court on february 21st. What does success look like to you . I think success looks like the judge saying, look, these children were separated under the same basic practice. Theyre part of this case, ask now lets figure out a plan for finding these children, and if theres going to be that long a period where we cant find them, then lets at least start prioritizing. The kids that were sent to foster care, lets make them the First Priority and move through it. But by no means can we just throw up our hands and say, were not going to look for these children, thats it. Yeah. Lee, thank you for doing what youre doing. Lee gelernt is executive director of children rights projects. Thank you. Thank you. Up next, the latest in our legal history. Stay with us. Latest in our legal history. Stay with us ctly when well be there. Saving you time, so you can keep saving the world. Kids safelite repair, safelite replace coaching means making tough choices. Jim youre in but when you have high Blood Pressure and need Cold Medicine that works fast, the choice is simple. Coricidin hbp is the 1 brand that gives powerful cold symptom relief without raising your Blood Pressure. Coricidin hbp. Val, vern. Im off to college and im not gonna be around. Im worried about my parents retirement. Oh, dont worry. Voya helps them to and through retirement. Dealing with todays expenses. Like college. While helping plan, invest and protect for the future. So theyll be okay. Without me . Um. And when we knock out this wall. Imagine the closet space. Yes oh hey, son. Yeah, i think theyll be fine. Voya. 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Thats where the prosecutor spent four hours with secret evidence bringing their claim that Paul Manafort lied to investigators and breached his plea deal. Being a fly on the wall is pretty much the only way any of us would know what this secret evidence was because they went to Great Lengths to keep everything secret. They cleared the courtroom, shooed out the journalist. They even covered the windows on the doors to keep out any lip readers. Paul manafort was there, including his attorney, but we dont know much after that. We wont know until a redacted transcript is released. They said what they wanted redacted. The judge pushed back manaforts hearing until march 13 and made a preliminary hearing for february 14th. On manafort we will all have to wait a little longer, but heres something nice and definitive thats happening this week. 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That is an interesting story, and im glad youre doing it. Well be developing a lot more tomorrow, im sure. Thank you, ali. Thank