And knowing youve had this time, your family is like over subscribed on adorableness. They are great. And you have to pay some of that back and spread some of that around. Congratulations to you. Thanks a lot. Glad to be back. Thanks to you at home for being with us. Lots going on in the news tonight. Im very glad youre here. Ill try to get through all of it. I have a feeling this will be one of those tenpound shows in a fivepound bag. But we will try to get through everything that we can. There is lots going on. There is breaking news two u. S. Navy commanders are being charged with neg janligent homi with the two crashes of Navy Destroyers that happened in june and august. Involving merchant ships and the u. S. S. Face gerald and u. S. S. John mccain killed 17 navy sealers between them. The face geraitzgerald hit a ta. Those were both crashes where these Navy Destroyers hit ships more than three times larger than themselves. Those crashes have already ended the career of the chief of the navys seventh fleet and the top surface war fair officer for the navy is expected to lose his job over those collisions. Tonight, this dramatic development, the commanders will reportedly face a long list of serious charges including hazarding a vessel and homicide, negligent homicide. There is also some dramatic breaking news tonight concerning the Central Intelligence agency. Back in may, the New York Times had some dramatic and even a little bit scary reporting about how the Chinese Government somehow blew open the cias whole spying operation inside china. The cia, of course, spies on countries all over the world including china, all countries with robust intelligence operations do that whether you like it or not. But somehow starting in 2010, china basically started figuring out everybody who was part of americas spy network in china. Everybody secretly informing for the u. S. Or working for u. S. Intelligence inside china in lots of different capacities. The Chinese Government started wrapping up that network, arresting these people inprisoning them in at least a dozen cases. The u. S. Assets or agents or informants inside china were not just unmasked but killed. They were executed. At least a dozen people. That penetration of americas spy network in china was considered to be one of the worst espionage failures in years and it started what they call a mole hunt inside the cia. Was there somebody inside the cia that betrayed in china the names operating on our behalf in that country. Tonight is the news a lot of people have been waiting for in this story, it is a very dramatic development, a former cia officer suspected of helping china identify the agencys inform pani informants in that country have been arrested. They unsealed the case against him. He worked at the cia until 2007 and since been living in hong kong. He appears to have made what is now can be seen as a bad decision to come back to the United States because he was arrested at jfk and has been charged. Again, this is a case that this is believed to be connected to more than a dozen people who were working as inform panants the cia and china being killed. Thats a dramatic development. We have sketchy reporting since this indictment was unsealed, this will be flushed out in coming days. Keep an eye on that story. Today in washington d. C. , the president s Campaign Manager and deputy Campaign Manager was back in court for a status confere e conference. Both Paul Manafort and gates are facing multiple felony charges brought by Robert Mueller who is investigating the russia intervention in the election and the question whether or not the Trump Campaign was in on it. At the status conference in washington d. C. Mr. Gates, rick gates was released from house arrest by the judge overseeing both of their cases. That said, Paul Manafort was not released from house arrest. Awkwardly, Paul Manaforts lawyers asked if there was anyway he could be given special permission by the judge to leave his home, to go to a nearby gym to work out every day. The judge hearing that request from Paul Manaforts lawyers said no. Told Paul Manaforts lawyers although she confined him to his house, she had not confined him to his couch. I kid you not. Presumably this means well see a republican fundraiser in washington where they try to crowd, fund a nortic track. Speaking of people that ran the donald trump for president campaign, the man who ran the campaign before Paul Manafort was corey lewandowski. He secured legal representation in advance of mr. Lewandowskis house intelligence meeting. Corey lewandowskis lawyer is most famous for representing ruth madoff in that famous multi billiondollar bonzi scheme. To tell you the crazy day, consider the fact there were three people that ran the donald trump for president campaign. The first one was corey lun dieb d lewandowski and the third person who ran the Trump Campaign after lewandowski and manafort got fired, the third one was steve bannon and boy, has he had an unusual day today. You know, if you gcalled for juy duty, that means youre being called to potentially sit on a jury for a trial and in terms of your commitment and what you have to tell your boss, basically if you get picked for the jury, however long that trial lasts, thats how long youll be on jury duty and away from work. When it ends, youll get thanked by the judge and if its hot you can sell the story to the tabloid but youre done after the trial is done. Thats regular jury duty for a trial duty. The legal name for a trial jury is a petite jury and that is to legally differentiate it, i think thats how you say it. Thats how you say it if its on a french restaurant menu. Petit . I dont know. The idea is to distinguish it from a grand jury, small jury on the trial, grand jury, big jury, not in the trial court. You can get summoned for jury duty to be part of a trial jury and you can get summoned to be part of grand jury and that really is a different thing. Grand juries dont decide at a trial whether a person who has been charged with a crime is guilty or innocent of that crime. Grand juries decide if a person is going to have charges brought against them in the first place. So grand juries work with the prosecutor on whether or not somebody will be charged. The prosecutor brings a grand jury evidence. They have people testify to the grand jury and then based on the grand jurors evaluation of the facts and evidence as put forward by the prosecutor, the grand jury decides if somebodyi. There are ways a federal grand jury operates. Thats the basic truth of it. If you get called to be on a grand jury, what youre being asked to do, the commitment youre being asked to make is different if youre on a trial jury. If you end up on a grand jury, your boss may be happier or maybe even more annoyed than if youre on a trial jury, depending the job you do and how your boss likes you. On a trial jury, you have a specific but really intense commitment. If youre on a trial jury, you need to be there in the courtroom for the whole trial. Minute one, hour one, day one until the trial is all the way over. You need to be there for every second. But then after the trial ends, youre sprung. On a grand jury, you dont need to be there every day. Its not as intense a commitment. But you do serve for months and months at a time. You can serve on a grand jury for up a 18 months but its nowhere near every day. As a general matter, you have to be there, say, a few days a month. So depending on your relationship with your boss and the job you have, grand jury duty versus trial jury duty, its just a different kind of commitment. Trial juries have between six and 12 people on them. Grand juries have between 16 and 23 people on them. I think the way it works is they are supposed to have 23 on a grand jury and 16 of them need to be there at any one time in order to have a cdecision. If youre on a grand jury, one thing they will impress upon you are all of the proceedings are secret and that is a serious, serious thing. Everything that happens within the grand jury room is a secret. Ive never been on a grand jury. Try showing up for jury duty some day and telling them you work on cable news and see how well that goes over. As i understand it, if you are on the grand jury, prosecutors basically have the responsibility of explaining the law to you as it pertains to this potential case youre considering. But then once youve had those finer points of the law explained to you by the prosecutors, as a grand juror you kind of get leeway to make up your own mind about whether there should be an indictment or not. Within reason but you get a lot more room to maneuver than you would if you were just a jury sitting on a trial. On the grand jury, for example, you as a grand jury get to come up with questions for the witnesses that the prosecutors bring before you. You and your fellow members of the grand jury, youre the ones who get to request specific documents that you want to see, specific evidence that you want brought before you. You get a witness in to testify before you, that witness doesnt get to have a lawyer with him or her in the room. They can have a lawyer outside the room who they can run out and consult with but when that witness is sitting there in front of you, the grand juror answering questions and have to answer your questions, that witness is sitting there alone, facing you, random member of the public who has been put on this grand jury. No judge in the room. They are talking to you. If youre not a lawyer, not a lawyer, ive always this is always been a this is fascinating and somewhat mysterious a part of the systems. For those of us that arent lawyers, we seen how they operate. We have a sense how that works in the trial. If youre on a trial jury, nobody asks you to request eviden evidence. You have a lot of responsibility. Its a little daunting to be on a grand jury, right . Ill m imagine if youre being asked to testify. Think about that. Youre being called as a witness. You cant have a lawyer in the room with you. This can be 16 to 23 citizens who arent lawyers and can ask you anything you want and if youre a witness before a grand jury, you must answer all of their questions. The only way to say no is if you invoke your fifth amend the. Unless you plead the fifth you have to answer everything they ask. It could be anything. Its random civilians who have been put on grand jury that are questioning you and even though this is a secret proceeding treated seriously. This whole interaction that you have with the witness to the grand jury, it is transcribed and if you lie, that is criminal perjury and did i mention your lawyer cannot be in the room with you . In the special counsel election, hes been using a jury in washington d. C. And virginia, as well. So far the special counsel and prosecutors have persuaded the grand jury to bring charges jai against four people. The president s First National security advisor and a foreign polic policy advisor from the campaign. Everybody is familiar with the four who have been charged or pled guilty. Here is the pop quiz, who have the witnesses been . Who has been called to testify before the grand jury so far in the Mueller Investigation . Do you have a list in mind . Right . Special counsel, its been months now assembling evidence, documents, witnesses, bringing them before the panels of 16 to 23 citizens so the grand jurors can decide. Who have the witnesses been . Who has been called to testify and subpoenaed and directed . If you can name six of sththem, ill give you a dollar. Based on publish reports, people that have been called to testify thus far are a former spokesman for Paul Manafort and a lawyer, you can subpoena a lawyer . Also sam clovis who worked on the Trump Campaign who would be an official at the Agriculture Department who isnt but has white house role but nobody knows who it is. Cater page was called to testify, Trump CampaignForeign Policy adviser and one of the guys at the trump tower meeting. Russian born fixer with ties to intelligence reportedly been subpoenaed to testify before the grand jury. Public relations firms who were at one point involved in overseas work with Paul Manafort. A p. R. Consultant that worked with the lobbying firm. Ist just according to cnn, somebody that worked at spear consulting. Okay. And the last person we know about who has been directed to testify to the grand jury in the Robert Mueller investigation is of course, sezgin baran korkmaz. He was say pa kneubpoenaed, an of the guy that put mike flynn on the payroll. I can speculate and come up with what a grand jury might have wanted to get from each of those people in terms of evidence that might help them make a decision about an indictment. But thats just a weird list of people, right . Team is that . Thats a strange grown up. Today it got a lot stranger because today it got a big name. Today the latest person we can add to the odd group of people known to be subpoenaed to testify in the Mueller Investigation now includes the chief strategist, the guy that ran the campaign. Steve bannon. This was first reported by Michael Schmidt. But here is some questions on the legal side of this. Why subpoena steve bannon . Why not do a voluntary or informal interview the way they have done with white house people and Trump Campaign people . Based on public reporting, we believe everybody from the White House Counsel Don Mcgahn to hope hicks to Christopher Steele to g george papadopoulos, there is a ton of people questioned by the mueller inquiry but didnt get a subpoena. They didnt get told to turn up as a witness. Why is steve bannon the one and only senior trump advisor being treated this way and given a subpoena . Does that nez scessary mean the asked him to do an interview and he refused . He says yet the subpoena could be a negotiating tactic. Mr. Mueller is likely to forgo the appearance if he agrees to be questioned by investigators in the less special setting. Should we therefore see the subpoena as an indication they asked bannon to come in for an interview and he says no . Is there a reason prosecutors might want to get him in front of the grand jury besides a negotiating tactic besides trying to give him a little shove and make him understand the seriousness of the matter . Michael schmidt was first to report this story but this evening fox news confirmed it and published their own version of the story that concluded this somewhat strange line quote, sources told fox news bannon subpoena was issued after the fbi was unable to contact him. Is that how this works . Fbi wants to have a friendly chat and expect you to say yes. Now it a subpoena . That seems weird. They couldnt contact him . Steve bannon was kind of unavoidable for comment when it comes to the media. The fbi couldnt find him and so then he got a subpoena . I mentioned that steve bannon is having an unusual day today. Thats not just because of this news about him being subpoenaed to testify before the grand jury but this news comes alongside the news of his other subpoena today. Starting at 8 30 this morning, steve bannon went in to speak behind closed doors with the House Intelligence Committee. Reported at fox news that the white house told steve bannon at this testimony today that he should not answer House Intelligence Committee questions about his time on the transition or working in the white house. After he refused to answer questions on those matters apparently based on the instruction, the committee reportedly issued him a subpoena on the spot in the room. Compelling his testimony despite his initial refusal to answer questions. That reporting has now been backed up by sources. Adam schiff came out of the room tonight and said after the subpoena was issued to him, steve bannon continued to refuse to answer questions despite the subpoena. If all this is is true, i have more questions. Can you refuse to answer questions in the face of a subpoena . Is it unusual for the white house to tell a white house advisor to say in the to answer questions for condition geegres . Is it unusual they have a say p subpoena ready to go for him in the room and why did both of these things happen in the same day . Right . I mean, twice. Did one of these subpoenas that make the other one happen . Did they tend to arrive in pairs . Is one going to interfere with the other . Is this more ordinarily than it seems . I have exactly the right person here in studio next to explain this and Michael Schmidt who broke this story hours before anyone else got near it. Stay with us. Pssst. What . I switched to geico and got more. More savings on Car Insurance . Aha. 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