backpack kid over the signature floss or pickle dance. i spoke to the world's most-famous "fortnite" player. he's known as ninja. you helped get these dances and popularized the dances. should people be paid for them, and how essentially are they for the popularity of the game? >> absolutely. that's his -- his dance, man. so new dances when all these artists and rappers are coming out with these, they definitely, in my opinion, should be working, working with epic and being, you know, put into the game. >> i want to know what your favorite dance is. >> it's probably -- i love the floss. it's classic, man. i think jubilation is just classic. >> i'm a kind of a take d.l. guy. do you know dance? >> is that actually a dance? does that stand for loser? >> yeah -- >> i'm more about the flossing. thanks for joining us, the fbi broke standard

protocol in the way they came in and ambushed general flynn. >> this judge repeatedly went back to flynn to make him say that he was indeed guilty. >> judge sullivan said, wait a second, this guy should not get away with lying to the fbi. >> none of this stuff makes sense to me. >> reporter: this is "new day" with alisyn camerota and john berman. >> welcome to our viewers in the united states and around the world. it's wednesday, december 19th, 6:00 here in new york. alisyn is off and erica hill is here with me. >> i drove by the santa countdown clock in my town, and it's six days until christmas. and this is not at all what flynn expected when he walked

into a court to be sentenced for lying to the fbi during the transition. everybody thought he would get no jail time as part of his plea deal. what he got instead was a rebuke from the judge that said he could not contain his disgust, and the white house got rebuke from the made-up claims of the entrapment from the fbi, and it was not the judge but flynn and his lawyers, and the documents prove he was not trapped, still the white house press secretary stood by the made-up claim, and we are waiting to hear from the president on this matter this morning. and donald trump signed a letter of intent to move forward with negotiations to build a trump tower moscow, and the letter is dated in 2016.

and rudy guiliani told our dana bash it has not been signed. >> all of this as the nation barrels through a partial government shutdown. it will push the fight into the new congress. it's not clear whether president trump is willing to go along with the plan. overnight, a rare moment of bipartisanship on capitol hill. a bill designed to reduce the population of the federal prisons passing easily in the senate, and that measure could be on the president's desk by the end of the week. joining us now, formerclinton white house secretary, joel lockhart, and harry litman. never a dull moment, and we

don't get them with the 12 days of mueller, as john berman has said. when we look at what happened yesterday, what was wraurremark and what you laid out so well was the judge really going after, as we saw, michael flynn and these points that have come up, josh, about how this was handled by the fbi, how michael flynn felt about it all. >> it was a very dramatic day. as john mentioned, not as all what we expected or flynn expected or prosecutors expected go into the sentencing, but the judge had issues and michael flynn's lawyer finally realized the judge was hinting there was jail time coming your way, and there's more work to be done. that's what we saw. it's troubling, as you mentioned, the way the white house responded to this, and sarah sanders went out and lied to the american people. shocker. i use that term advisely, because often times i kind of

chalk it up to somebody lying to her and she parrots that information, so i think it's important to distinguish, but here's it's a lie because flynn's attorney stood in court and told a judge that flynn was not entrapped or deceived into not getting a lawyer, and he knew what was going on and he didn't feel like the fbi was doing anything wrong and then sarah sanders went out at the white house in front of the podium and said, no, he was ambushed, and it shows a pattern of the attacks on law enforcement and the fbi, again, she went out yesterday and lied, but i guess we call that tuesday now. >> it was, in fact, tuesday, that is the one thing there that was true. and let's play sarah sanders and juxtapose that with what happened in court. >> flynn, he has cooperated with the special counsel's office and met with them 19 times, and is

there a reason why the president is not a rat. >> we know michael cohen to be a liar. we know the fbi had clear political bias. >> flynn said he knew it was illegal to lie to the fbi and he was ready to accept responsibility before agreeing to a delay in sentencing, and given that would you like to revisit your comments earlier today that the fbi ambushed flynn? >> no, we still firmly believe, and we don't have any reason to try and walk that back. >> and now a dramatic reading from the courtroom. the judge asked were you not aware that lying to the investigators was a crime, and flynn said i was aware. and his attorney said was flynn entrapped, and his attorney, no, your honor. are you continuing to accept responsibility for your false

statements, and flynn said, i am, your honor. so flynn and his attorneys refuting the white house there. as we look at what happened, harry, yesterday, the judge was not just making a statement to michael flynn and not just making a statement to michael flynn's attorneys but it seemed like he was making a statement to the white house, one he wants to last perhaps going on from today into the future, which is to say that your argument is not working. it doesn't sit well with me and it doesn't sit well with the facts, and i might punish michael flynn and his attorneys for saying what you have been saying publicly for the last few weeks. >> i am in a position to do it. there's no reason to walk it back except the facts and the truth. you enter the courtroom, and you have the oath, and it comes out one fact at a time. i think you are very right, he was not only talking to the white house but maybe the american people. we have this sort of political hubbub and a debate, and you

have the claims advanced by rudy guiliani or donald trump, and then you come to court. this came up also in the foundation case yesterday, and it has come up in manafort and the court is where things can be settled. they have now doubled down on this fantasy vision that is that a false talking point. >> it's remarkable, too, when you hear that coming from the podium. josh, you set it up well. often times you look at it and sarah sanders is doing her job, and she is coming out there and telling us what she is told to, and then when she goes out there and says what she said is there credibility left? >> i don't think so. i quibble with she's doing her job, and she's not doing her job. you have to adhere tot trut adh.

it has an impact, you know. the u.s. government and the spokespeople for it have traditionally been the thing that the rest of the world counts on. we don't send out baghdad bob or tokyo rose, we send out people who the rest of the world can count on, and right now we advocated that across the board many in ways, but specifically, you know, the rest of the world does not tune in and believe what the u.s. government says anymore. >> joe and i talked about this at length, and there are similarities in history where you add an administration squaring off with the kwefbi, a president clinton was under investigation and he did not try to burn down the institution and undermine our system of justice for a political end.

obviously there was back and forth and both sides were defending themselves, but this is different. we are seeing the systematic continue campaign to discredit law enforcement and every day we have a new example. i am glad we are calling it out, and it's exhausting, but otherwise the viewers are manipulated. >> the judge was standing up for institutions yesterday, and not with the president and sarah sanders. the fox news people and the white house fuel these sort of rumors and misstatements, and what the judge was saying it's okay for people to go and say they are lying, but in my courtroom facts matter. >> that's exactly right. he is saying if you bring those argument and what is being said from the oval office and the white house press briefings here, you are going to jail. it's extraordinary.

>> the gravity of the offense, because part of the white house attack is, well, this was just a silly little lie, he actually went back and said -- he was running a rogue foreign policy, was flynn, from the transition office, and that's no child's play. >> also no child's play, the trump foundation, which has been ordered to be shut down as part of the deal with the new york state attorney's office, and this is interesting to me. the foundation has to shut down and disperse the money and it might be that president trump and his family are shunned, and they may not be able to sit on a charity board. he has the power to launch nuclear weapons but not sit on a charity board. >> the president crowed about how political it was, and then here comes the process of the law and facts and discovery and

deposition, and low and behold, he's 100% wrong, and it's outrageous what they were using the charitable foundation for and now the legal process for which he so tried to elude really wins. it's a hardening day in that sense. >> he can fire robert mueller, but he can't interfere with the new york state attorney general. so states should celebrate the power for the attorney general to go after the facts wherever they lead, and there's something here they are looking at or they would not be as aggressive. and yesterday they were calling it a personal pocketbook for the trump family. >> i think some of this stuff is beyond -- people don't want to pay attention to it, but every once in a while you get something that everybody gets and they get the term foundation. the tidbit that caught my eye, he dispersed $7 to pay for his

son's boy scout fees. if you are a trump lover you still say that doesn't work, you are a billionaire and you can't spare for $7 and you have to use your charity? this one we have not heard the end of, and this will be an ongoing embarrassment for trump as we move forward. >> there's a change at the top coming at the new york ag's office, the public servant to the elected official, and she appears to be wanting to go more aggressively at the entire trump empire. >> very quickly, two last points. the signed letter of intent and the real estate document cuomo had last night, and rudy guiliani the other day said the president had not signed it, and i don't know if rudy guiliani knew, and again, it's tuesday there, but the impact of that document, harry, very quickly? >> it's political synergy, and

it's the president conducting commercial enterprise mixing them with his political ambitions and keeping it from the american people. >> and was doing it in 2015, and we know from michael cohen and others that he was having conversations well into the campaign, and rudy guiliani allowing all the way to election day 2016, and then finally this last mystery point, a judge ruled yesterday that robert mueller can bring in before questioning before a grand jury, this mystery corporation, which we know is a foreign-owned corporation, but we don't know anything else. >> yeah, we are getting more information with each passing day, and the large point is there's so many threads robert mueller is looking at here, and he's testing and looking at what kind of illegality are we dealing with. you can go into a case looking for one set of facts, and as soon as he learns about other

things, he can look at russian collusion, and he can look at other crimes he finds in that pursuit, and this is a strategy that some investigators have been attempting to determine how to go after the investigation. >> gentlemen, thanks very much. as we end this week, what is happening are the facts are catching up here in a federal courtroom and with this case, the trump foundation. i don't know where the facts are going to lead, and i don't think any of us know where the facts are going to lead, and as they become real the white house is having a hard time dealing with it. the senate passed sweeping changes to the federal criminal system, and it took a lot of people working to make this happen. we'll tell you about it next. plus, an unbelievable rescue is captured on video. officers pull a man out of a burning car. we'll show you more of this ahead.

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criminal justice reform is now closer to becoming a reality. the senate overwhelmingly approving a landmark bill for eases sentences for nonviolent measures, and joining us now frank bernie, and abby phillip and cnn political analyst, john avlon. as we look at this this is a lovely win in many ways for

republicans to go out and say look at this beautiful piece of bipartisan legislation, that has been in the works for sometime, john, and they may want to ride that for a little bit because this is positive. >> this is a big deal. to see bipartisan legislation out of washington these days, who knew it could happen? this is something that trump fought hard for, and also jared kushner worked hard on this but it was a genuine bipartisan effort. i think because trump was able to be a tough law and order guy allegedly, with a support of a lot of governors, it was able to get the bipartisan margin. it's a big win to show that the possibility of doing something constructive on controversial ground is not utterly dead in washington, d.c. >> it's only because of trump this passed or will pass as opposed to before.

it was only his pressure on mitch mcconnell that even got it to the floor. this was dead a week and a half ago. we were hearing from mitch mcconnell's people, and the president pressed for it. bipartisanship is wonderful. the policy is fascinating, frank. look, i am old enough to remember the '90s, when everything was about making sentencing tougher, you know, and three strikes and you are out. >> let's not forget super predators. >> the pendulum has swung back and this is a law that will make a big difference to a lot of peoples' lives. >> yeah, crime is down and that's what paved the way for this. what it did was began to eliminate things that were in place that affected people dispr disproportionately based on race, and not just democrats but republicans saw that. it's important to remember that

it's a minority of inmates who are in federal prisons and this only affects them, but the hope is that the states will see the federal government take the position and follow suit. >> it will be fascinating to see what does ultimately come out of it. the president said, obviously, he will sign it. as we are at this point, abby, we want to bring you in now. we saw all of this happening and still don't know what is going to happen in terms of a government shutdown. we hear republicans are drafting a resolution to fund the government through february 8th, and for the president, that's still a bit of a mystery? >> yeah, to connect the two conversations i think it's such a contrast to see how the white house operated with this criminal defense bill, criminal justice reform bill and how they are operating when it comes to funding the government. there are almost no parallels in a lot of ways. the president is on the back

burner here and republicans on the hill are waiting to see what exactly he wants and waiting to watch him articulate his desires when it comes to funding the government and also when it comes to the border wall, and beyond that the president in that reform bill demonstrated a willingness to push back some of the hard-line elements of his party in order to do something that he thought was right and necessary, and frankly he has not been willing to do that when it comes to immigration or the border, there has not been a willingness to strike down the middle and create some kind of grand bargain that he can then go and tout as a political win beyond it just being something that is necessary to continue the operations of the government. i think this week has really demonstrated the white house really being back on its heels, waiting to see where the political wins are going and not sure really how to resolve this problem. the president knows they have to cave on the wall, they have to cave on what the definition of

the wall is and how they are going to fund it, but the problem is they don't know exactly where that cave is going to go and what they are going to end up doing probably is relying on hill republicans, mcconnell's office to strike a short-term deal to get them just into the new year, basically leaving the president probably without a wall permanently, and he probably will not get it because once democrats take over they will not let anything through with a wall chamber. >> can't they -- >> the wall is a rhetorical concept, but not a real thing. >> the resolution, it was after i went to sleep it became clear that's what mitch mcconnell may push for, kicking this down the road until february. will the white house agree with

that notion? >> a lot of republicans on the hill, what you are hearing from them is we will see if he signs it. i think the president is -- his back is up against the wall here. on friday he is scheduled to leave for his winter vacation in mar-a-lago, florida. will he say he won't sign it leaving the government closed and then go to florida? or will he stay here? everybody thinks he will take the out and push it into the new year and keep going. the political fight for him is for his base at this point, and not necessarily because he thinks he is going to win this one. >> it's remarkable. a week ago president trump was in the oval office declaring he would be proud to shut down the government, and it shows the dangers of that zero sum approach to arguments. if he tried to do the art of the deal, this is the leverage where republicans control washington. you will lose a lot of the

leverage if they kick the can. >> the other thing that is remarkable is the lack of understanding and maybe it's a lack of a desire to understand, i don't know, how things get funded in government, period. what we are hearing from sarah sanders, at the end of the day it comes back to taxpayer money. >> i am not sure how they are going to pay for it. the thing here is donald trump has enormous egg on his face, and we heard build the wall and mexico will pay for it. two years into his presidency, the wall is not being built despite the laws he told in the oval office with chuck and nancy, and this wall is not going to get built. this is his fundamental foundational promise, and he kept having to back away, back away, and surrender. >> it went from a big wall that mexico was going to pay for to

artistically designed steel slats so you can see through it that will be paid for by shifting money from one department to another, and it's not as catchy. >> yeah, an iron curtain to steel venetian blinds. >> abby, do we know if the president is going to weigh in on michael flynn, and that was a remarkable press where sarah sanders was not backing down. >> it's hard to imagine that he will resist, but in some ways the president was so repudiated in the hearing yesterday, and he started the day by saying good luck, michael flynn, can't wait to what you have to say in the hearing, and then hours later he had the judge taking the president's own words and asking flynn directly, do you believe you were tricked?

do you believe you were trapped? do you actually plead guilty to this? do you take fault for what you did? flynn said yes, he takes the fault and no, he was not trapped, he knew what he was doing then and now, and that was a message to donald trump, but it's a matter of time in a lot of ways before the president weighs in on this, because i think in some ways he can't help but do it, can't help but punch back especially at a moment like this when he has been so contradicted in a court of law. the one thing, though, if you were the president's lawyers or michael flynn's lawyers, you want the president to stay really quiet right now. it seems very much that all of this talk of entrapment came back to bite flynn in that courtroom. he could have walked out with zero jail time and he was staring prison time in the face when that judge was carrying down this really harsh

repudiation for him. i think a lot of his supporters want to step back a little bit because they are not helping him, and the judge is not living in a bubble and is aware of everything going out in the world and it's not being lost what is being said about this case. >> thank you very much. a bombshell "new york times" report revealing a new massive privacy scandal for facebook. their data sharing appears to be bigger than previous disclosed, and that includes granting outside companies the ability to read private messages. do they not get the private part of the private messages thing?

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companies data for years. there are internal documents that reveal the information. what kind of information are we talking about? >> "the times" headlines says it well, facebook offered users a privacy wall and then let tech giants around it, and this means companies like netflix and microsoft's bing, they were able to peer inside your facebook account and see your friends and private messages in some cases. netflix and spotify says we were not reading your private messages, but the point is facebook allowed the access and they said one thing to users, you are protected and private and then did another. this is another revelation about facebook seeming to contradict its own public claims. the point here according to the "new york times," it was letting trusted partners in and allowing access to this information. >> and facebook wonders why

there's an erosion of trust when it comes to its users. this is sadly, for a lot of people, not surprising, and yet the access should be surprising. >> yes, i think we need to remain shocked by the cascading revelations by how facebook works. we were hearing a lot about this, but companies like microsoft and spotify had more access to cambridge analytica did. they said we know that we have work to do, but our technology and clearer policies, that's what we have been focussed on for most of 2018. part of the explanation is this was in the past and this happened years ago and we are closing the doors that were propped open. facebook, they open the doors on purpose to make more money. there's a difference between givi giving away data, and prophetfi

from them. >> is there any ramifications. >> washington has been asleep and are waking up now. >> access to the private messages, they seem to not get the private part. a huge tornado sweeping through a small town outside seattle. video shows the twister as it hit a walmart, and authorities say there were no serious injuries. meantime an east coast storm threatens to disrupt millions of holiday travelers. >> a great day to fly today if you can get out, or you can change any plans, today is the day, not friday. sunny skies across the

northeast, and that's about it in san francisco. other than that, in and out of the airports perfectly today. this weather is brought to you by the shark ion robot cleaning system, one dock, two sharks. let's get to it, to where the storm is now off the atlanta coast. look at what it happens as it works its way up into washington, d.c. and boston. today strong weather in florida, and could be a tornado or two but the rainfall coming down, 70 white dots on the map broke and all-tied record high, and more rain to come before that year is over. some spots in new york city picked up four inches of rain on friday, and that will slow you down. >> chad, thank you. i'm driving on friday. come on. >> or maybe we are not driving on friday, john. it's something we have to figure out here. you should drive today. chad myers said so.

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new this morning. a big headline in the "new york times" reporting that hackers infiltrated the european union's network, and the paper obtained more than 1,000 hacked cables, and there were serious concerns about trump and russia and iran and more.

cnn has not reviewed the documents yet, but "the times" has from their article. joining us now is james clapper, and hacked data was your business. i am curious having survived and lived through wikileaks during the obama administration, when you see huge hacks like this of diplomatic cables, do you break out in hives? >> unfortunately i don't anymore, john. i probably should. you know, i wouldn't have to worry about it, and i think it's useful to put it in context here. the cables i read, the small sampling of small cables i read were eu restricted, and it's a half step above unclassified. these didn't seem to have the

risks involved in the case of the chelsea manning wikileaks receive hraoeu revelations, which did put people at risk and was embarrassing for some of our diplomatic relationships. eu is notorious for poor communications security, and this episode will be a wake-up call for them to brush up and modernize their cyber security. >> if you read the article and compare it with what you went through with wikileaks, it does compare to be lower level information with correspondent, and there's stuff in there as it regards united states and opinions of the united states and the trump administration. there's a cable from after president's trump summit with vladimir putin, and more or less he took russia's side on the 2016 attack on the election, and this was the cable. in one cable european diplomats

described their meeting as successful, at least for putin. that's not surprising that was the view of the european summit, was it? >> that was the public view of a lot of people that was already out there, and so from the s sampling i read, there was no stunning or shocking revelations. much of it was in the public domain anyway. >> i want to talk to you about the michael flynn sentencing yesterday, that turned out not to be the sentencing. judge sullivan at one point turned to michael flynn and said you sold out our country. the judge had to clarify later

that he misspoke, and the idea that he sold out the country in his lies to the fbi and some of the works he did as an unregistered foreign agent, do you think that's a reasonable assessment? >> well, that's pretty strong. i think mike made some serious errors in judgment and he certainly clearly was about undercutting the administration that was still in office. you know, if the judge had in mind what he was doing with turkey, that would perhaps more fit that characterization. i thought the importance to me of what the judge said was that larger audience that he was addressing, and i thought it was a ringing endorsement of the rule of law and the importance

of facts. >> why do you think that message was necessary? >> well, i think -- i don't know what mike's attorneys were thinking to make this allegation, you know, about the fbi ambushing or entrapping mike flynn. that was an absurd thing to say substantively, and the timing could not have been worse. when it appeared both the mueller team, you know, and his defense team agreed on no jail time, and they jeopardized that by the assertion. i think the larger audience, like the president's attorney, who has a rather cavalier dismissal of wrong doing and felonies, and i thought the judge, you know, was

appropriate. >> i was talking to kenneth star of all people last night, and he thinks one issue, papadopoulos was brought up and he got jail time, and it was 14 days but it was jail time. perhaps this judge was looking at michael flynn, a retired three-star general, somebody who was a white house national security adviser and was basically saying it's one fair is papadopoulos, a lower level guy gets jail time and you get nothing. >> yeah, i think's a message there. also, people that occupy such senior positions in the government, and specifically in the white house, should be held to a higher standard. yeah, i think, again, he makes a good point. >> you feel that way based on your years of service? >> feel what way? >> that people who have higher

level positions should be held to a higher standard? >> yeah, i do. i absolutely do. >> all right. director clapper, thank you so much for being with us. appreciate it. >> thanks, john. coming up, an incredible rescue captured on police body camera, and to understand the full magnitude of it, we want to show you more of it. a police officer pulling a man out of a burning car to save his life. and what fallon had to say about this picture that had his audience in stitches. that's next. ♪ the greatest wish of all is one that brings us together. the final days of wish list are here. sign and drive off in a new lincoln with zero down,

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two sheriff deputies in texas being credited for pulling off an incredible rescue. take a look at the body cam footage. it shows them running towards a burning car to free a man trapped in the passenger seat. this happened last week. they manage to drag the man out of his car, and his abdomen and leg still on fire, and the heat so intense that it actually melted one of the body cameras. officers placed the man in a nearby puddle to cool down and he was airlifted to a houston hospital, and at last check he is listed in stable condition. >> only because of them and what they did. that is so intense. >> amazing. yeah. it melted. the fire was so intense.

pulling a body out and it starts to melt a body cam. and then former first lady, michelle obama, stopped by fallon last night. she talked about what was going through her mind leaving the white house. >> this is you waving from air force one. >> bye -- >> is that what was going on your mind? >> a lot was going on that day. and right before that my daughter's friends decided they needed a sleepover for the last day. i was like, are you kidding me? we're leaving. you have to take all your stuff, the blankets and bears, and they

were all crying, and it was like, get out, you got to go. and there was that and the tiffany's box, and it was a lot. >> so there was a lot going on that day. it was the most loaded sentence in that exchange, and there was the tiffany box, she adds. >> that was also a little -- i am just going to drop that one there. you do with it what you will. >> it was bye, tpfelicia. >> president presidetrump's for security secretary admitted he was not ambushed. and then a look at the life of gilda radner. >> hi, i am gilda radner, and,

hi, and yeah, okay, now. people want to know what made you funny. from the time i was a kid, i love to pretend. >> they just loved her. >> i basically stole all of my characters from gilda. >> i can do almost anything if people are laughing. >> gilda was just not quite herself. >> one morning she just said i don't know what is wrong with me. >> the comedian gets the most unfunny thing in the world. >> she felt that she could be of help and that's exactly what she did. >> how often do we get to know exactly how brave we are? >> i always felt that my comedy was just to make things be all right. >> "love gilda," new year's day at 9:00 p.m.

alright, up and down, never side to side, shaquem. you got it? come on, get back. quem, you a second behind your brother, stay focused. can't nobody beat you, can't nobody beat you. hard work baby, it gonna pay off. you got this. with the one hundred and forty-first pick, the seattle seahawks select. alright, you got it, shaquem. alright, let me see.

judge sullivan was pulling back and looking at the pattern of wrong doing from donald trump's administration and saying i am disgusted by this. >> you have michael flynn and the president of the united states saying it's okay to lie to the fbi. >> the tongue lashing by the judge will be seared into mike's memory forever. >> both political parties came together to do something to try and reduce the number of people behind bars. a christmas miracle just happened. >> this is something the president is behind. >> the president has a lot of compassion that not a lot of people get to see as much as i do. >> this is "new day" with alisyn camerota and john berman. >> good morning. welcome to your "new day." alisyn is off and erica hill joins me for a really good morning, at least so far. >> it's been a good morning. i don't know if everybody in the world feels that