we mix it up and we stir it up. >> it's never fun. [laughs] >> bret: what a week. thanks to the reagan library. that's it for this special report. fair, balanced, and unafraid. getting ready for the national defense forum here. melissa francis takes over for martha tonight. melissa, another busy news busy news day. >> melissa: absolutely. we pick up the story from here. we begin with breaking news and that kate stanley murder. the department of justice now saying at both support this before or california jury failed to convict him on charges. good evening, i melissa francis into an for martha maccallum. you saw the verdict arrive here on the story last night. a seven-time felon and illegal immigrant acquitted in the

murder of 32-year-old kate steinle. they found him guilty of being a felon in possession of a firearm. the decision sending shock waves the country as jose ines garcia zarate could technically be released from prison soon. the news prompting the trump administration to make sure justice is served. >> we're looking at pursuing federal charges in this case and i think it's important to reassure everyone who is concerned about this that we will prosecute this the fullest extent available on the law. >> melissa: that's exactly what they did just hours ago. trace gallagher is live on our west coast newsroom with a breaking story. trace? >> when he was sentenced on september 14th, the man who fired jose ines garcia zarate could get a 16 months in prison for a firearm possession. each day behind bars counts as

two days. he already has been in jail for 29 months meaning he has five years of credit which is more than enough to cover the crime. the department of justice has unsealed an arrest warrant for zarate for violating his probation for drug conviction in texas in 2015. the warrant means that despite san francisco's sink san francisco's century city policy, the sheriff there is obligated to turn him over to the federal government. the question becomes what does the federal government do with garcia zarate? we know they have amended the warrant for a sentence that carries up to 15 years in prison. there are also considering felony reentry charges. because he's been deported five times and there is no case law yet passing in the senate, there are no mandatory minimum sentencing for illegal reentry. at the very least, the department of justice will have time to decide how to prosecute him. here's what the acting director

of immigration and customs enforcement told neil cavuto just a short time ago. watch. >> we want him prosecuted further. he will be deported to mexico when we're done prosecuting him, but we want to hold him accountable for his crimes first. he'll spend some time in prison when he's done there, we will deport him. there is no doubt about that. >> there is clearly immense pressure for the doj to go after garcia zarate after his acquittal on murder charges. president trump tweeted that kate steinle killer came back and back over the weakly protected obama board are always committing crimes and being violent, and get this info was not used in court. his exoneration as a complete travesty of justice. build the wall! of course thomas kate staley's death prompted president trump and it's reinvigorating the wall and those looking to pass case law. >> melissa: that is just

staggering. trace gallagher, thank you. here with more is iowa congressman steve kane. there is so much outrage over this, but listening to that guest talked to neil cavuto, the guest's and make no mistake, we will deport him, that doesn't offer any solace to any american because he's been deported before all of this happened. >> it looks like it will be his sixth deportation if we deported zarate to mexico, he'll likely get back to america before we can build a wall to kick him out. i think he is going to prison for a little while, i hope that's the case with this warrant is served and they bring charges against him, but this is a sickening thing to see that there he was on the block for justice and a jury and california decided that they

would simply give him amnesty for the killing of kate steinle. he killed kate steinle, entry person is innocent and proven guilty, there is an appearance person in america who doesn't think he didn't kill her. they found him guilty of a gun charge. their antigun, but not anti-murder is what it looks like. >> melissa: is it fair to characterize the jury that way? some say the prosecutors didn't do a good job, that the charges brought against them are wrong, the way they built their case, are you sure it's the jury nullification? >> i would say this that if you're going out on the streets of san francisco and round up 12 peers of zarate, will end up with 11 leftists. i think there's another factor here and i'm speculating, but there is a resentment factor that exists in san francisco and all of california. they say we are the sanctuary cities, we are the sanctuary state. they are anti-trump so this is a

spiteful thing. they could not have made a conclusion based upon a reasonable doubt. there is no doubt zarate killed kate steinle. it's a tragedy of justice. >> melissa: no one disputes the fact that he killed her. i went to ask you about the legislation you're putting forth that you're trying to solve. i looked at one of the details because i think a lot of the economic factors this incentivizes employers to hire illegals. you talked about that you want to make the wages and benefits paid to illegal immigrants nondeductible for federal tax purposes. i didn't realize you could deduct on your federal taxes wages that you paid to someone who is here illegally. you're not supposed to hire and pay someone who is here

illegally. how can you deduct it on your taxes? >> i'm so grateful that you brought this up. it's a bill i've had here for about six, eight, ten years in congress, but the practice is that the irs allows for deductions, they won't check to see if you're hiring illegals. the security administration was stopped under obama sending out no match letters. hundreds of people can use the same social security number. emma department of homeland security is not cooperating or communicated with the irs. i offered this as an amendment to hr one, this tax bill that's being debated right over my shoulder right now as i stand here in this capitol building is $8,254,000,000,000 that says you can't deduct your wages paid to illegals. nothing could be more fair, open, or honest. who do they respect more about

enforcing the law than the irs? >> melissa: and makes all kinds of economic sense. when you raise the tax issue, it seems like we're talking about taxes right now having been slapped on there. very interesting. we are out of time, love to talk to you again soon. just a short time ago, the acting director of the immigration and customs on why kate steinle is dead. watch. >> sanctuary city policy had everything to do with this. they knew he was here in the country illegally and they let him back into the community. sanctuary city policy is the reason this young lady is not with us today. >> melissa: here now is david wall. and ruben never on tape things to both of you for joining us. ruben, let me start with you. they are talking about when he's

done with his time served for this gun charge which is going to be very soon that he is going to be turned over to the doj, others are saying they're going to be deporting him. i wonder if none of that happens. he's been released before when police were looking to pick him up. what are the odds of that? >> the odds are much better now that the federal government will take custody of him because now they really want him. before they didn't want him. he was a low-level criminal who had merely drug and alcohol offenses on his record. when it all went bad, they came back and pointed a finger at the san francisco authorities because that's what law enforcement does, they blame each other. make no mistake, it was a mistake by the federal government and by ice because they didn't issue a warrant. this time they will, they will grab him and they will bring him up on weapons violations or illegal entry. there's enough to try him. we should not be deporting him.

he'll come back. he belongs in federal prison. >> melissa: david, this criminal is really the poster child for the problems that we are having in this country with illegal immigration and this woman many argue would not be dead right now were it not for sanctuary cities. what do you about that? >> that's absolutely true. that's why these cities have to be defunded. we all know the local authorities, they had a detaine detainer. they could have held him for the authorities before they released him. they just chose not to. guess what? at the federal authorities pick him up, he's going to be released because of time served. if they decide to start the law again and then release him, then the federal authorities will be arrested and will be prosecuted for obstruction of justice and

america will applaud. we look out for that. mr. trump is passionate about this. since i met him, this was his number one priority and now this acquittal just bolsters the wall, bolsters the century cities defunding and they're both going to happen. >> melissa: if mr. zarate will not pay for this crime, who is going to? ruben, i would ask you, doesn't it seem like kate steinle's family could sue the city of san francisco? could they sue whoever dropped the ball here? it would be civil charges at least. go ahead. >> i think it would be a nice remedy, but there is a number of people who are responsible. the prosecutor's overreach, overcharge. the shooter was 73 feet away from the victim. it ricocheted off a peer.

don't money the waters, make it simple for the jury. president trump -- >> melissa: david, real quick, last word. >> they had enough or voluntary manslaughter. the evidence was there. it was jury nullification at its worst and the feds will take over and he may look at up to 20 years in prison. >> melissa: will see, gentle man, thank you. breaking tonight, alive look at the senate floor where a vote is expected any time on a much anticipated tax reform plan. we are going to tell you what is in it for you in case were wondering. that's next. and michael flynn flipped. president trump's former national security advisor pleading guilty today to making false statements to the fbi about his contacts with russia. what does this mean for president trump? constitutional law attorney jonathan turley here on that.

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>> melissa: breaking tonight, you're looking live at the senate floor where we are awaiting a vote for what is being billed as a once in a generation tax reform bill. last-minute negotiations of the final details. it's taking much longer than expected, but senate leadership says they have the votes to pass the bill and it's not a question of if, but when. chief national correspondent ed henry is live in washington tonight with the late-breaking details. >> great to see you. as we first predicted on the story this week, john mccain got behind this tax cut and so did a lot of other republicans to put president trump on the verge of a dramatic victory that big, beautiful tax cut that he's been promising for so long. breaking late today as you mention, hiccups for republicans bob corker who like mccain has been basically feuding with the president and now he's going the other way. he's going to vote no on the tax

cut because of concerns on how much it costs. watch. >> it just came down to the fiscal issues and my concern about the long-term debt. again, many, many aspects of this bill are very, very good. >> in the end, corker's opposition will not likely matter because of the republicans on the fence like susan collins came on board giving mitch mcconnell a much needed win their colossal failure on repealing and replacing obamacare. the president has already been touting the start market has been on fire. the dow yesterday seeing its 53rd record close this year and quickly wrong again soon. the corporate tax rate will be dropping to 35% to about 20% depending on the final details. write offs were companies buying new equipment and on the personal side, this helps very few people, the joint committee

on tax says 60% of u.s. households will get a tax cut, 8% will pay more money. despite all the charges, that same committee found that for families making between 50000-75,000 per year, 80% of them get a tax credit of $100 or more. here's a fight we saw earlier on the senate floor. >> i think would be assertive say -- fair to say, every few hours, this bill seems to get worse. >> i believe we will have a final product that moves fundamentally in a direction when it comes to our tax policy and the direction that is good for jobs, good for growth. speak out there hoping to have the final vote on this tax package in the next two or three hours or so, but they have made so many changes to get those wavering republicans on board. there are still going through the final text. some people are saying and might slide into saturday. bottom line is, this is headed for a big victory for the

president then it will have to go to the conference committee with the house and senate, work out their differences. this is finally on the verge of their first big legislative win for the president this year. >> melissa: good, i'm glad they're staying through the night. i like to see them staying late and working on a friday night. they are our employees after all. thank you. what exactly is in this bill and what does it mean for you and your wallet? here now is mark short, he's a white house director of legislative affairs. thank you so much for joining us tonight. one of the criticisms of this, as i have heard people say that this is just a tax cut for corporations. it's a redistribution of wealth for individuals. how do you respond to that? >> other countries have lower their tax rate which is why so many countries have relocated overseas and we've lost thousands and thousands of jobs. the reason we are lowering their

rates is that puts us right about at the average of an industrialized nation. great britain is going below that to 17%, ireland's already at 12%. by lowering that 20%, the council of economic advisors study suggests that the average family will receive a $4,000 increase. >> melissa: the answer you just gave, people out there say i don't care about companies. i don't care if they a tax break or not. i care about my family, my wallet, i care about putting my kids through college, paying my mortgage. why give corporations a tax break, how about our audience? >> two things. the corporate rate deduction helps to increase growth and employment and to increase wage wages. the individual side is where individuals sales will see increase as well. it is targeted towards middle

income families the individual mandate is something that 80% of people pay taxes are only $50,000 or below. by limiting that tax, we're preventing those lower class families. >> melissa: let me give you a hand and not because i want to help you out, but because i studied economics and i'm not bragging about that, i want to give you a basis for why i can help you. there's nobody that corporations don't touch. if you cut corporate taxes for our viewers at home, that raises wages, and lowers prices on things they're going to go and buy it, it provides more jobs. all those things go to families all over the place. there is nobody that companies don't touch. what you say to that? >> i just mentioned it would increase wages by $4,000. i'm 100% agree with you. >> melissa: i don't want to be

your spokesman. i want to break it down for you and really explain it so that people at home understand. >> it provides $2,000 income relief. >> melissa: you talk about doubling that immediate initial deduction when people get out there before they start paying any taxes at all. democrats on the other side really play that down. how do you drive that home to more people out there in the audience? >> what you're saying is for an average married couple filing jointly, the first $24,000 of income is tax-free. there is no taxes on that first $24,000. it's an idea that many democrats supported when they saw it before, but obviously, you hear

them criticizing that idea now. your first $24,000 is without tax. >> melissa: this idea, it drives me nuts when i hear people in washington say we're going to pay for these tax breaks. by shifting the tax burden to someone else. i would like to pay for me keeping more of my own money. our people in washington spending less? are we doing that? >> it's the people's money, it's not the government's money. when reagan went into effect, we had $100 million in additional revenue. when the john f. kennedy tax cuts, the same. it increased revenue. congress continue to spend more. we do not have a tax problem, we have a spending problem. we do not text too little, we spent too much. the way to address our debt is to cut back on our spending habits. >> melissa: what do you think it is the likelihood that that might happen? if we do go and cut taxes and we

do see the growth in the economy that a lot of economists believe will happen because you leave more money with corporations, they go out, they spend it, they invest. what are the chances that the government says we are going to cut back on some of our spendin spending? >> it similar the 10-year budget that congress balanced. these cuts significantly do a lot for programs. unfortunately, congress is putting those dollars back in. we'll see that when we get to the unof the year spending bill for what it looks like and 2018 and 2019. we are hopeful congress will go back, but to your earlier point, that tax cuts generally grow and we need that growth to actually pay for our national security needs. during the obama administration, we had a 1.8% average. if we did that, there is no way we could afford to protect our country. >> melissa: people out there in the audience probably don't remember that growth that was more four and five and 6%,

that's what we need to see out there. thank you so much for coming on and good luck and tell everybody in washington to focus on spending less. >> thank you. >> melissa: i'm sure he'll do that. breaking tonight, a scary sign of the times as there is a nuclear siren for the first time since the cold war. national security advisor michael flynn making a surprise deal with the fbi and a grieving to cooperate. jonathan turley is here next on what this means for the president. >> i don't see this going any further, i see no evidence in connection between general flynn and the president being involved in russia collusion. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength to stop tough pain for up to 12 hours with just one pill. aleve. all day strong.

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>> melissa: breaking tonight, full cooperation, that is what president trump's former national security advisor michael flynn is now promising robert mueller and the special counsel investigation. this all after flynn pled guilty earlier today to making false statements to the fbi about his contacts with russia. chief washington correspondent james rosen is live at the white house tonight with reaction. james? >> good evening. clearly officials at the white house tonight are bracing

for general flynn, now actively cooperating with the special counsel's investigation, to say all manner of things. the lawyer for the president has already begun painting flynn as an unreliable witness, noting that he only served 24 days as white house national security advisor and describing him as an obama administration official. ty cobb said it miriam's the white house -- nothing about the flynn now admits he falsely told fbi agents in january that in his phone calls with the russian ambassador the months before the transition. matt, he never asked to refrain from escalation and a diplomatic skirmish at that time. he also falsely claim not to remember a subsequent call and

which he had refrained from exhalation. he never asked the russian ambassador on a separate occasion to vote against the pending u.n. security council resolution targeting his release elements. flynn falsely told agents that he never had a response to the request. flynn admitted he made materially false statements and omission on forms is his work as a lobbyist. all those omissions could work against prosecutors if they seek to use flynn on the witness stand against more senior fingers including the president. any savvy defense counsel will surely seek to impugn the credibility of mike flynn by pointing out he has already admitted having lied repeatedly to federal agents on federal forms, why should any set of jurors ever believe him when he's sitting on the witness stand?

>> melissa: there's the question for you. james, thank you for that report. here and i was jonathan turley, he is constitutional law attorney and professor at george washington university. thanks for joining us. he pled guilty to lying to the fbi and he was lying about whether or not he had reached out to the russians before president trump took office and now the conversation there, but even if he did do that, it's not illegal. the question everybody is left with is why did he lie? >> there is nothing that move the ball significantly in terms of any crime associated with collusion. what this does is it admits a crime committed. that is very much predictable if watching the people tend to go to jail not for the underlying scandal, but how they respond to

it. this is the classic charge you see in the scandals of this kin kind. it's not clear that any of this really is an ex-essential threa threat. >> melissa: you say he fell into the classic trap which is lying to federal authorities of any type, in this case the fbi about what went on. the question we all left with as it does make sense why he would lie to them because he went back and then was forced to say was true wasn't a crime. no one ever prosecutes based on that, so it doesn't sense. >> the fbi is fully aware of the laws. sometimes it's because they feel they can talk their way around problems. sometimes it's just a lack of

memory. if there is an indication that comey's people did not believe he was evasive when he given information, that would obviously change. what's interesting about this deal is it's a pretty good deal. >> melissa: the implication of that is that he's giving them something in return and ed was said that he was directed to reach out by a senior official in the trunk transition team. there were reports earlier from abc that they sort of walked back after the market that he was willing to testify against the president. what's the likelihood of that? >> there is no indication that the president is the person being referenced. there is a reference to helping in the prosecution of another person. that could be any number of

people. i don't think we can really speculate on this. it's clear that this is someone who is very high-ranking, had a lot of contact with a lot of people. there is nothing here that indicates a conspiracy thus far. the most damaging type of information from flynn would be that he misrepresented at the behest of someone. i would disagree about one thin thing. i think he would be an effective witness. i don't think he's damaged good goods. >> melissa: use your imagination because we can't figure it out at this point. against whom for what? >> this is the guy you usually give deals to incriminate, not to benefit. or he brings deliverables. the question is deliverables against who? it could be kushner, man afford,

or someone else, but we really don't know. >> melissa: jonathan turley, thank you. coming up, he served one the highest levels in our military, but tonight, a retired admiral is talking frankly about the battle he couldn't when at home. the loss of his son, the opioid crisis. his powerful message to other parents ahead. breaking new details tonight and the matt lauer sexual-harassment scandal. one other reporter who first broke the story is here on that. plus we take a larger look at how this story and others are changing the culture for women. >> since the story was posted, we've had many more people reach out to us and encourage us to continue to look into not just matt lauer, but nbc has a whole and of course we are going to be doing that.

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>> melissa: breaking tonight for the first time since the cold war, this happened in hawaii today. [siren blaring] that is the sign of the nuclear warning siren. this days after a missile is launched being able to hit anywhere within the united states. the public should know what to do in case of an imminent attack. if a missile is launched, residents and tourists would have less than 20 minutes to take shelter. also developing tonight, more women come forward accusing the former nbc today show cohost matt lauer of sexual harassment and more. we are learning the highest-paid anchor and news may not be seeing any more of that money. there is been speculation he would receive a payout in the millions after all this, but new reports suggest he will not be

paid out past his last day of work. meanwhile, nbc executives are facing mounting criticism about what they knew and when. as a variety reports, several women told variety complained to executives at the network about lauer's behavior. here now is the woman who wrote that expose, variety reporter, elizabeth wade meister. you said you were getting more calls and as you go out there and you are on the show, i imagine even more people who knew things and where victims have reached out to you, is that true? >> that's absolutely right. i was scrabbling to get here on time because i've been on the phone all day long. we have been getting, we feel really grateful that people are asking us to reach out. it feels like we're in a a

moment now where voices are finally being heard. we've had a lot of women who either claimed that they have been harassed coming to us, but also people who have information telling us i need to be off the record, but i want to share this with you. my inbox has been very full and my phone has been buzzing. >> melissa: it's not just about matt lauer. that was my point last night when i said before this was going on, it's going on at every network, we are seeing it in politics, but the people i was specifically talking about when i predicted the state was coming months ago are still out there and they're working at nbc and other networks. did you hear about other people beyond matt lauer? >> we have and i'm not going to name specific names, but you're right. it's a widespread problem. it's not just nbc, but it comes to nbc, there's a lot of discussion about who knew what, how long they knew it for, and

why they would be protecting matt lauer. the obvious answer is he made a ton of money for the network. he was there for over 20 years and the today show this past year brought $500 million in advertising revenue. the show is a big moneymaker, but there are other questions. we've had many women and many sources and are reporting telus that they did raise their concerns about matt lauer's conduct. of course nbc's statement said they were only aware of one claim, but i think they're referring to an official hr complaint and there being a paper trail. people raise concerns, they spoke to managers, and nothing was done. >> melissa: that's a really important part of this story for our audience to understand and it's a huge change that is happened. when something happened in the past, we would go in and talk to a manager, but your only choice was talking to a manager, talking to hr, or hiring an

attorney. it could go on deaf ears, there could be retribution, or hiring an attorney could be really expensive. >> if somebody out there has a problem even if it didn't happen to them, they can talk to a reporter and you can investigate it. my question is, what has changed? in the past, if i had called and other reporter about setting that was going on in a network, that reporter would have been afraid to go with the story similar to what we heard about the weinstein story. the reporter felt i need proof, i need this, but now there's more belief. it seems like you are able to go, what's the difference? >> the difference is the moment that we are living in and i don't mean this whole spiraling out of sexual harassment in hollywood. social media has really changed

everything. i interviewed a woman who works for the fox affiliate in l.a. and she's one of the women who came forward with harvey weinstein. she told me with social media, you can't hide anything. you can put your story out there and it's documented. i think that's one thing. in her piece for the new yorker, she did write that one of the women and i forget her name, but one of the women, she went to the police, they wired her, she went to a hotel, and nothing happened. these women feel like they're going to do something, and nothing happens. >> melissa: killed the good work, keep posting. thanks so much. up next, he had his whole life in front of him. the victim of the opioid crisis. retired admiral with his story at next.

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for americans under the age of 50. tragic statistics are known all too well. his 19 rolled son moved into his college dorm only to be found unresponsive three days later. the victim of an overdose of a fat no laded batch of earlier, martha spoke with a navy admiral who previously served as vice chairman and helped lead combat operations immediately after 9/11. >> thank you very much for speaking out about this and your family's experience and for your service, of course to the country as well. you write movingly about this in a piece that you just put out and you talk about the last days of his life and how excited you and your wife or that he was doing so much better when you dropped him off at college. >> absolutely. jonathan had been through 15 months of intensive recovery.

he was coming back as our son. it was remarkable to see his progress, he had gotten his emergency medical technician qualification. he wanted to help other people and he was really excited about sorting school because he wanted to be a paramedic and fireman. it's the jekyll and hyde nature of addiction that it came back and got him. >> it's so heart wrenching and why did he relapse after he made so much progress? >> it's a very insidious thing, addiction, particularly opioid addiction where that molecule buries its way into your brain and it never leaves. the transition process from treatment back into society is a very fragile process. he did not make it through that. as it turns out, part of his emt qualifications said he gets an ekg qualification and it turns out that where he was taking that night course was right near

and open air heroin market and it doesn't take much offering heroin to someone walking on the streets for relapse to occur and we think that's what happened. >> you feel that ending the kind of situation, what is the most powerful thing that can happen when you hear about the white house's efforts, do you feel like enough is being done and what specifically do you want them to do to prevent what happened to your son? >> first of all, this is a national security emergency, not a public health emergency. when you consider 64,000 people killed in the last year and the white house figure is $504 billion of economic impact of his country, that sound like a national emergency to me. i can spend all the time going into great detail, but there are five related things that have to be done. we have to raise the level of public awareness, particularly lowering the stigma associated with addiction, we need to amp up and be more creative in our prevention efforts, schools in the workplace and across society, we need to take the

prescription process to get that under more control, we need to get the heroin itself under control by supporting law enforcement and other entities, and finally, we definitely need to increase the capacity, the quality, and the affordability of treatment. >> you said it so well. admiral, thank you very much for being here and as you say and your wife says and you two have been so strong through this and i know that speaking out as part of what you want to do to try to fix this problem, but if it can happen in your beautiful, loving family to your wonderful son, it can truly happen to anyone. >> the only way forward is to try to help other people and that's why we started our project, it's called faith. faithproject.us. >> melissa:goodtomeetyou,sir. .com all the best i always loved mashed potatoes,

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>> melissa: thought it was the story tonight on this friday, have a good weekend everybody. tucker is up. ♪ >> tucker: good evening and welcome to "tucker carlson tonight." and just a moment, attorney general jeff sessions joins us for next was expensive interview talk about today's avalanche of news, but first tonight, former national security advisor michael flynn has pleaded guilty to making false statements to the fbi. he's announced he's cooperating with special counsel robert mueller's investigation. he admits he lied about the extent of the conversations he had with the russian ambassador to washington, serge kislyak. he is the first member of the trump administration to be criminally charged in this investigation, so it is a major development. the question is, what exact way does it mean? flynn