tv Outnumbered FOX News January 24, 2018 9:00am-10:00am PST
>> "outnumbered" starts now. >> fox alert on special counsel robert mueller. planning to get answers from the president. reports say she wants to know more about the firings of former fbi director james comey and michael flynn. obstruction is a big focus. this is "outnumbered." i'm harris faulkner. here with us is lisa booth, anchor on fox business trish regan democratic strategist, jessica tarlov. joining us "outnumbered" fox news senior judicial analyst judge andrew napolitano. we say he's outnumbered but he never feel way. we have a lot to get to. let get to the news. special counsel robert mueller russia investigation is turning now to the president himself. reports say mueller wants to ask
the president about the firings former fbi director and former national security advisor. trump legal team will propose a two prong approach to the interview. they want to answer some questions in writing. others face to face. we are learning james comey was questioned by his conversation with the president. politico is reporting that the house judiciary committee wants comey to come back to testify again to straighten out what she aare inconsistencies. nbc news is reporting mueller also questioned cia director mike pompeo, dan coates and mike rogers. the president was asked if he's concerned at all about what attorney general jeff sessions told the special counsel. watch. >> no i'm not at all. i'm not concerned. >> not at all concerned.
judge? >> the president has been saying since day one that he knows of no inappropriate communication collusion or agreements between the trump campaign and russian government. he's being consistent in that respect. let me give a little background here. the special counsel cannot compel you to an interview. he can ask you for an interview and you can say yes or no. if you say no, he can compel, even the president, to testify against your will before a grand jury. in front of the grand jury, you can refuse to answer by invoking the fifth amendment. there will be political fallout to that. but no legal fallout. should the president submit to this interview before bob mueller. the standard answer is no. never, not ever. because bob mueller and his investigators know far more about the case. even if there's no case than
donald trump could. if you have a witness, here the president who doesn't use economy of words, bob mueller and his interrogators know how to make the most of that. he did this to general flynn when he lied. they did this to george papadopoulos when they lied. president trump my advice would be don't put yourself in that situation. >> is it too late to say no we're not going so sit down with the special counsel? >> it might be too late to say no politically. he said several times i will testify. and this stuff about written questions and answers is a recipe for disaster. you will give the interrogators a road map. that road map is your written answers to -- >> isn't that the best kind of road map? you're a judge. >> if the lawyers write the answers, donald trump would have
sworn that he wrote them. we get into who wrote this, who did you mean by this. here's the rule of thumb. you don't talk to a guy that owns a grand jury prosecutors own grand juries. they know how to get indictments. >> i have a question for the judge. if he says, i'm not going to do this written testimony and i'm not going to engage in this, did you say however, they can actually force him? the grand jury to do so? >> the interrogation before bob mueller is not in front of the grand jury. it's the president's lawyers. it's mueller and his team of fbi investigators and prosecutors. it will be recorded. it's not under oath. if you lie there, the penalty is the same as if you would lied under oath. if he refuses that, they can hit him with a subpoena. then the testimony will be in front of a grand jury where your lawyers won't be there. it's in secret but it's before a grand jury. >> is that why you say yes to
this? >> some people would say say yes to this and try to talk them out of bringing you before a grand jury. you can't do that. if they want to harm you, they know how to do it. best thing is to steer clear. >> judge, the emphasis here is that if mueller wants to talk president trump about the firing of comey that there are concerns potentially of obstruction of justice. doesn't president trump as the president of the united states have the legal authority to have fired james comey? >> there's a great body of authority that says the president is the chief law enforcement officer of the land. he decides who gets hired in the justice department, who gets fired and prosecuted and who doesn't. he can't be second guessed >> is this a fruitless exercise by robert mueller? >> there's legal authority if the president makes a decision for a corrupt purpose like protecting jared kushner then
the president committed obstruction. >> or mike flynn. he's a nice guy. could you back off this. >> let's say the president said to jim comey lay off mike flynn political corruption is a problem, you guys -- you got more important things to do. if he says lay off mike flynn because i'm worried about what me might say about me, the former will be within his authority. >> do you think the conversation that flynn got in trouble for having with the russian ambassador another context and election where russia wasn't the focus, would that conversation raised flags? >> the fbi knowingly trapped general flynn because they knew from the transcripts of his conversations with ambassador kislyak, which he should have known they had. general flynn used run all the spies in the army. they knew immediately that he
lied. >> sometimes it's hard tore watch your own back side than somebody else's. i want to talk about the fbi and we can't get lost on the timing of all this. this is a time when the fbi is struggling. you got a special counsel looking into the situation with the president his former campaign. i want to hear about this talk now that a former member of the fbi, andrew mccabe might be asked for loyalty. did we hear about this? no. okay. we do have a picture of the president with him. i want to get your thoughts on that. >> full disclosure. the president has been a friend of mine for 30 years. i've had numerous engagements with him on the telephone and person. i know that personality. he may say, i know you voted for me, didn't you. that's just the way he is. he's not asking for loyalty.
>> when we have more time i want to circle back. here is what is breaking news. law see there is a doctor, a man who was trusted with young athletes from elite athletes, dr. larry nassar was supposed to be somebody help throughedly injuries. now he's in court. this is his sentencing hearing. it was supposed to take four days with about 88 victim impact statements. it has swelled into seven days now with some 159 women young women coming forward potentially with impact statements. let's watch and listen little bit to this. >> absolutely nothing. please respect their job. it's a difficult one. i know i've been in their shoes. it does guarantee each defendant the right to counsel. doesn't matter what the defendant has done. they have the right to counsel.
i also want to say, we also have -- you are all free to have our own opinions. it's always a balancing act between the first amendment, the sixth amendment. all of the due process and other amendments to the constitution. they're all valuable in air own way. that's why we have organized and just society. that's why we are here today because defendant has been brought to justice. brought to justice. i want to talk about a couple of things. i said what i need to say to the victims. you are no longer victims. you are survivors. you're very strong and i addressed you individually.
before i say anything further, i don't know if you all know this and i know that the world is watching, i know this because i'm on the bench everyday and this isn't the only heinous crime that appears in this court. reports that 310 out of every 1000 assaults are reported to police which means two out of three goes unreported. voices of survivors have outdone everyone report. keep your voices up. raise your voice. hopefully will raise these number of reports in all of your voices. but that statistic does not
include children 12 and under. one in ten children will be sexually abused by their 18th birthday. one in seven girls, one in 25 boys by their 18th birthday. that means that in the united states, i'm not talking about any other country, but in the united states, 400,000 babies born in the u.s. will become victims of child sexual abuse. it stops now. speak out like these survivors to become part of the army. i do one case at a time. i really so very much appreciate all of you.
i read some of the twitters and facebooks. all of what's going on in the media. i'm not special. i'm doing my job. if you come into my courtroom, watch a sentencing, i give everybody a voice. i give defendants a voice fair families when they're here. i try to treat everybody like family because that's the justice system that i was raised to believe in. i came to this country stateless. i'm naturalized. i was raised on old country values. my grandmother always told me and my parents always told me, my grandfather too, that america
is the greatest country. i believe that. that's why i served in the military. i'm not really well liked because i speak out. i don't have any friendlies because i speak out. if you ask me a question, you better be ready for the answer. i speak out because i want change because i don't believe in hiding the truth. i'm not saying i'm always right. but i try. i also don't believe a one size fits all when comes to sentencing. another reason i listen. i know that there are some judges for every crime that give the same steps -- sentencing.
i don't think that's justice. i believe in the individualized sentencing, i follow the constitution. i believe our system works. i also believe the survivors. there's case law about how i can consider what i can consider. first and foremost my sentence reflects the seven defendants, but the remainder of you. 161 others and to the credibility of those seven. technically i'm considering everything, everyone. your crime all of your crime the
depth of them have cut into the core of this community and many communities and all of the families and people we don't even know. sir, she asked me to release your letter. i'm not going to do that. there is information in here that troubles me in regards to the victim. i don't want to have them revictimmized by the words that you have in here. i want to read some more of your letter. the reason i want to do that is because i've considered it in sentencing as an extension of
your apology and whether i believe it or not. i want you to we are your words. let me begin. federal judge went ballistic at sentencing and spent 10% on federal case on 90% on the state cases and civil suits. she gave me 60 years instead of five to 20 years in parenthesis. consecutive 20 year sentences. i pleaded guilty to possession of porn from 2009-2004.
the prosecutor even admitted a i never belonged to any porn site, any cat rooms. was not on the dark web and also they have proof. it was all believed of course. i shared my electronics and i could not prove that showed four months of porn possession from 2004, i was sentenced to 60 years. not proper, appropriate. going down a few lines. what i did in state cases was medical, not sexual. but because of the porn, i lost all support thus another reason
for this date guilty plea. let me move down further. i tried to avoid a trial to save the stress to this community, my family and the victims. yet look what is happening. it is wrong. i was a good doctor because my treatments worked and the patient that are now speaking out were the same ones that praised and came back over and over and referred family and friends to see me. the media convinced them that everything i did was wrong and
bad. they feel i broke their trust. hell no fury. it is just a nightmare. the story is better being fabricated to sensationalize this than the ag would only accept my plea if i said what i did was not medical and was for my own pleasure. they forced me to say a or they were going to trial and not accepting roughly. i wanted to plea no contest. but the ag refused that. i was so manipulated by the ag.
all i wanted was to minimize stress to everyone like i wrote earlier. going down little bit further. in addition with the federal case, my medical treatments with the olympic/national team gymnastics were discussed as part of the plea. the fbi investigated them in 2015 and found nothing substantial because it was medical. now they are seeking the media attention and financial rewards.
would you like to withdraw your plea? >> no your honor. >> because you are guilty aren't you? are you guilty sir? >> i said my plea. exactly. >> the new sign along has become treatment. these quotes, these air quotes, i will never see them again without thinking of you and your despicable act. i will think of quote and the word was not treatment what you did. it was not medical. there is no medical evidence that was ever brought.
i told you i apologize to the olympian athletes. i have five children and two dogs. my parents live with me, i work four jobs. i don't have much time for television. i don't watch sport. although last year i was a soccer coach, much to laughter of my family. i didn't know anything about you and your name or anything that was going on. so, when i kept saying we're going to trial, here's the date. everyone wanted more time. i said no, here's the date and we delayed it. i still thought while maybe there's a defense of medical treatment. why didn't i think that? because my job to be fair and impartial. but also because my two brothers and my father are very well known and respected doctors.
real doctors. dedicated to healing. i finally considered that in this case. but i have heard from your survivors now that they trust doctors like the trust the doctors in my family and the doctors i go to. i still thought, there was defense of medical treatment. there are changes in the medical community everyday for the betterment. up until the time you pled, i believed that maybe there was a defense here. despite this information.
i was ready for trial. your counsel was ready for trial. attorney general office was ready for trial. you, sir, decided to plead because there was no medical treatment. you did this for your pleasure and your control. this letter which comes two months after your plea, tells me that you have not yet owned what you did. that you still think that somehow you are right that you are a doctor, that you're entitled, you don't have to listen. then you did treatment. i wouldn't send my dogs to you sir. there's no treatment here. you finally told the truth.
inaction is an action. silence is indifference. justice requires action and a voice and that is what has happened here in this court. 168 buckets of water were placed on your so called match that got out of control. i also like the attorney general want to thank law enforcement for their investigation. but i also want to be the voice of half of these survivors who asked law enforcement to continue their fine work and to also include the federal government. there has to be a massive investigation as to why there was inaction. why there was silence.
justice requires more than what i can do on this bench. i want you also applaud all of the counsel in the attorney general's office. i want to also applaud defense counsel. you all have done fine work. you made me proud of our legal system. we all work together for the betterment of our community and indebted law enforcement, prosecutors and difference counsel, investigators. there are countless people. it's only way our system works. we need this balance. so all of you, i look at myself as lady justice.
my arms are balanced. prosecution, defense are balanced. it only starts to tip after there's a plea and after i take into consideration everything that happened. i want everyone to understand -- that i also done my homework. i always do. people versus -- whclawski. 286, 2009 case. in it, i want you to clearly understand, it says, plainly the
law does not limit victims impact statements to direct victims. it doesn't say, i have found nowhere, from having you here all of your victims. as i said before when counsel came to me and said, we're not going to go to trial. despite our court having already sent out 200 of the 800 juror requests. and they told me their plea. what i consider is move trial. there was the agreement between us because i always and they know it, they are familiar with me what people speak. i wanted all victims -- we had a discussion about which victims.
of course, there was an objection to one of them. that was part of the plea that you entered to allow the victim impact statement. after a discussion, i know your lawyers as good as they are have said, the judges is going to allow this. what it comes down to it, i know it also because this was fin fiy attorney general and counsel on november 22, 2017.
aside from the letter that you wrote couple of months after your plea, which tells me you still don't get it, there's something i don't understand. i want to make clear. sir, you knew you had a problem. that is clear to me. you knew you had a problem at a very young age, even before you were a doctor. you could have taken yourself away from temptation. you did no. worse yet, there isn't a survivor who hasn't come in here and said how world renowned you were. i trust what they say. you could have gone anywhere in the world to be treated.
you could have gone to any resort, any doctor, place where you can get treatment. there are all sorts of hidden places for things like this. no one had to know, you could have found good treatment. you would have done that if you had cancer. i know you would have. you're about self-preservation. you decided to not address what's inside you that causes this control edger, that causes you to be a sexual predator. your urge escalated. i can't even give how many vulnerable children and families actually assaulted.
your survivors have said alta. i don't want to repeat it. you can't give them back. they're innocent, their youth, you can't give a father back his life or one of your victims, her life when she took it. you can't return the daughter to the mother, the father to the daughter. you played on everyone's
vulnerability. i'm not vulnerable. not to you. not to other criminals at that podium. i swore i will hole uphold the constitution and the law, i am well trained. i know exactly what to do. at this time i'm going to do it. i want you to know it is my honor and privilege to sentence you. sir you do not deserve to walk outside of a prison ever again. you have done nothing to control your urges. destruction will occur. to those most vulnerable.
you to 40 years. when i look at my cheat sheet 40 years just so you know, it's 480 months. the tail end, i need to send a message in the event, somehow god is gracious. i know he is. i used -- you've off the page here as to what i'm doing. my page only goes to 100 years. sir, i'm giving you 175 years, which is 2100 months.
i need everyone to be quiet. i told you i'm not nice. i find that you don't get it. you're a danger. you're a danger. i'm a judge that believe in life and rehabilitation when rehabilitation is possible. i have many defendants come back here and shown great things they've done in their lives after probation and after parole. i don't find that's possible of you. you will receive jail credit on counts one, five, eight, 10 and 18, 369 days on count 24, you will have 370 days jail credit
if you are ever out, which is doubtful, you will be required to register as a sex offender. in addition to global position monitoring wearing a gps. you will pay restitution in the amount to be determined based on whatever amounts are submitted and your attorney can ask me for restitution hearing so i can determine what is the amount is for the victims. i'm leaving restitution open as long as those victims have issues a can be medically documented. you will comply with the dna testing and pay a $60 fee for
that. you owe $60 back to the county for that or law enforcement. we'll put in the right pocket. you must submit to hiv testing and complete counseling associated with the hiv and aids. you will pay $476. you will pay victims excess $130. counsel wish to address the court about the fines, i don't know his financial state. >> he doesn't have any money. the court wants to impose it, they can impose it. >> i'm not imposing court cost and fine. i don't know what he has or what he'll get in the future. the victims deserve the money. the county will survive one way
or another. i'm also going to make recommendations michigan department of corrections for health treatment. i understand he has a medical condition. he should be allowed to take medicine for that. he should have individual and group counseling treatment for sexual predators whatever the allowed. i'm also going to send a message. i'm not sure, i believe i read an article, sir, that you were treating people and don't have license and don't commit crimes. you can't be treating people. you're not a doctor. so, i'm not sure how that's happening. i want you to send that message.
you have 21 days to appeal, 10 days to request for appointed counsel. >> your honor i got the right to appeal. i'm applying it now. >> yes your honor. >> thank you. let me say to the media, again, i'm just doing my job. i know you all want to talk to me. my secretary informed me that i have a growing stack of requests from print media from television from magazines, around the world literally. stories not about me. it never was about me. i hope i opened some doors. but you see i'm a little stupid i thought everybody did what i did. if they didn't, maybe they ought to. i do this and have been doing
this. if you don't believe me, keeper of my word, right by my side and lawyers are shaking their head saying, i waited too long. she lets everybody talks. sometimes people get upset. i don't care i get paid the same. as for the media wanting to talk to me, i'm not going to be making any statements. i know that my office -- it's just not my story. after the appellate period runs, i might answer more questions. i don't know what more i can
possibly say. i'm not going to talk with any media person until after the appeal period and even then, if you talk to me about this case, i will have a survivor with me because it is their story. i wanted everyone to hear that from me. respect all of the media outlets. you've done a fabulous job here. there hasn't been any confusion or upset by this. i do believe in the first amendment. i thank you all for being here because it is an important story for the survivors. as to today, i know that there are lot of survivors, family members, husbands, friends, lot of people in the courtroom. you have voices. i'm going to leave the
courtroom, defendant will leave the courtroom. the attorneys may stay. victims family member, survivors. you can stay in the courtroom and talk with media. you can have your own press conference right here. sometimes it works out the best. i won't make a statement until after the appeal period. if there's any survivors and somebody wants to talk to me, please give your name to the victims advocates so that i can contact you. please media, do not contact me on this story without a survivor. it's their story. i thank everybody in this case. sir, i hope somewhere that you
have heard everybody words. it really does resonate with y you. anything else for the record? the media asked to stay here with all of the people who may want to peek with you, thank you. that's all for the record. >> all rise! >> there circuit court judge rose marie giving the maximum sentence to the u.s.a. gymnastic doctor who sexualed molested 150 young women and girl. he's there in the courtroom hearing sentencing of 40 to 175 years in prison. the judge read about a few days
of jail time already served. that's a huge sentence on top of a federal sentencing that he's already gotten in this case of 60 years behind bars. judge saying this was an opportunity for young women and girls. some o them under age of 13 to come forth. she wanted to give them a platform. she explained in detail why she came to the this sentencing. some of those impact statements she said she wanted to allow but the other thing that really aided her in her sentencing guidelines as she went forth to sentence dr. nassar, was a letter that he wrote recently. she hit some highlights in that letter. about his victims he said, hell has no fear. you're like a woman scorned about some of today women -- some of those women that he
called med cam. i want to bring in judge andrew napolitano. we've been watching this together. you said at first, she started this. why is she doing this way. what are your thought? >> he pleaded guilty to sexually assaulting hundred young womens. you have 93 people testifying in the sentencing hearing in a case they were not involved in. many of them didn't want to go through the trauma of testifying. she, the judge, has been criticized for having a sentencing hearing take seven days when it should take about two hours and having people not in the case testify. i reject that criticism. i think she is an american hero by permitting victims to engage in a catharsis in a release of
what they have been keeping in them as a result of the harm that he caused. under the rules, she is permitted to take into account what we call prior bad acts, behavior of the defendant. similar to who he was convicted of. for which he was not charged. even though this took seven days, her behavior was nothing short of heroic. not just for victims, not just for women but for the entire criminal justice system to do the right thing in a methodical rational way. >> talk about those women who come forth. some of them are household names. those might have been women outside the scope of this courtroom and this investigation and this court case not the original seven. but they have such huge voices in society. >> those voices can reach into
corners likes of which you wouldn't imagine. i'm thrilled that this achieved the national headlines that it did. the facts are horrific and gut-wrenching. but that the public is aware of how people like dr. nassar will be treated by the system and respect for victims whether charged or uncharged is a good thing and it's all to the credit this judge. >> think about the violation of trust here. you have girls young age of ten years old who at that age who trust adults. this guy took advantage of that. they went to him because they wanted him to heal injuries and instead he left scars, emotional scars they will carry for the rest of their lives. many of them said they knew something was wrong. they didn't know what to do with it. they had to go to him. they had no other option. listening to some of the testimony is powerful. it is just so incredibly sad. >> that highlights, perhaps,
sort of the cult kind of culture that was surrounding all of these young girls and parent. i don't know how this happened? where were the parents during all this? why didn't those young girls say something to their parents? what does that tell you about the culture of needing to succeed and this is the olympic doctor and putting adults on pedestal within the gymnastic sphere. at some point we're losing our way here. if those young girls couldn't go to their parents and say this happening i don't think it's right. >> maybe they did. >> 10 and 13 at these young ages what do they know? lot of these young girls -- >> to felt something was wrong. >> we were all 10-year-old girls. we would know if something didn't feel right. the trust issue is important and what the administration of the
u.s.a. gymnastic said. why you have theres alone in rooms with young girls. >> psychological damage to the girls, blinds them to their courage to report it. >> thank goodness these brave young women came forward and thank goodness this guy is going to be behind bars. >> i want to ask you, how many people have you sentenced? >> over a thousand. >> you've been in that position and you've heard some disgusting stuff inside courtrooms. details of this, it brings you to tears. we're not going to get into all of that. you can read about it online. but the details this are so disgusting. i come back to what jessica asking about. i know there can be that sense of we thought we did our due diligence. how much of this does lay at the hands he was at the university of michigan and u.s.a.
gymnastics community. >> michigan state. >> sure, michigan state. forgive me. my point was saying, how much of this now going forward is in their behinds to prevent this from happening? what do they need to do to change the system? those questions have been to be asked? >> there has to be more of an examination of the mental stability of doctors before they are left alone with young people. whether the parents are there or whether there is another doctor there. this guy is hardly the norm. this is the most extreme case i ever heard of. we need to know about this. >> there's also the culpablability. since the victims having ability to give testimony. we've seen the leadership u.s.
gymnastics board of governors step down. those people should be punished. anyone that had knowledge of this. there should be a thorough investigation anyone that had knowledge should be fired. >> those punishments will not be criminal. they will be civil. meaning loss of a job or loss of income. we're talking during the break, is the university liable for the damages? >> could be. >> i thought to your point about what judge meant managed to accomplish. she really set this as a critical part what's going on in the me too movement about sexual harassment and assault. it's one of the the great things that emerged that these young women found the strength and courage and the public forum to discuss these very important issues.
>> to counter and challenge each one of those 120 victims. 120 young women faces we didn't see. stood there in that courtroom and read their statements he wanted to challenge. she said too late for you to exercise that challenge. >> he tried to can the lengthy letter. she said i'm not going to release it in entirety. b i will not read it in entirety. i will tell you the parts that were informative in terms of sentencing. just the part she read, he talked about the case, the pornography case that got him 60 years at the program level. he talked about how he didn't belong to any chat rooms. what he really wanted to make the point was what i did was medical and not sexual. she leaned on that request so? >> if there was a medical defense, -- >> she said there isn't. >> his lawyers ought to have offered it to the court. they didn't. they couldn't find a doctor to
justify medically what he did. he created the medical defense in his mind. >> that's why she said so exhaustively, we look hear, we look there. >> basically in the language of the street, don't me defense now at the time of your sentencing which you could have given at time of trial. >> with the last few seconds we have a judge who sentenced upwards of a thousand people. you're in that courtroom today. talk to me about the charges against him and years he got and what this man this evil doctor, larry nassar faces. >> horrific life in jail. it would have to be in isolated unit or in solitary. if it's well known in the streets that this crime is unfrench by fellow prisons and revenge is taken. in terms of sentencing, at bottom line, it's sterile. it's what aggravating factors
and mitigating factors. dot formula, comes out to 175 years. >> consecutive with the 60 years he got at the federal. >> concurrent. excuse me, consecutive. he has to serve 85% of the federal sentence 60 years, whatever 85% of sentence is. then starts 175 years in michigan state. >> wow. >> judge i'm so glad you were here today to help us through and to understand the breaking news. dr. larry nassar gymnastics coach with some very household names that he's said to sexually molested with a lot of prison time. stay close. it's absolute confidence in 30,000 precision parts.
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good is coming out of this. these women won't be abused anymore. we're back noon eastern. here's harris. >> we begin with this fox news alert of developments in the special counsel investigation as it appears to be making its way to president trump. "outnumbered overtime" now i'm harris faulkner. multiple reports say robert mueller wants to talk to the president face to face about the firings of james comey and for former national security advisor michael flynn. this suggest that the special counsel maybe zeroing in. mueller's team has spoken with attorney general jeff session. ann comey, mike pompeo and mike rogers. host of others. also on tap, former white house chief