don't say you're going to drop kids off at the pool because someone will call cps, if you say you're taking the browns to the super bowl you will be arrested. >> greg: never miss an episode of the five, "special report" is up next. >> bret: potty stories are the best. this is a fox news alert, i'm bret baier. we are following three braking stories. president trump has decided to put business first and not punish saudi arabia over the murder of a journalist. the president has also submitted written answers to special counsel robert muller's questions concerning his investigation into russian interference in the 2016 election. the market meltdown continues with another day of major losses on wall street. first, president trump says no further repercussions are coming for the saudis for the killing of the reporter jamaal khashoggi at the kingdom's embassy in

turkey. he says the reason is america first. the decision comes despite a report that the cia has determined the saudi crown prince ordered the killing. chief white house correspondent john roberts leads us off tonight from the north lawn. >> president trump is catching flak from members of his own party about his decision to not punish saudi arabia's leadership over the killing of jamaal khashoggi. senator rand paul of kentucky a close friend of the president saying he believes the president's decision is saudi arabia first, not america first. departing the white house for amara lago, president trump weighed in at the killing of jamaal khashoggi, refusing to say whether crown prince mohammed bin salamon ordered the khashoggi killing. >> president trump: maybe he did, maybe didn't.

>> we may never know all of the facts around the murder. what is known the president said is that saudi arabia plays a crucial role in america's national and economic security citing the threat from iran and $450 billion in arms and commercial sales to saudi arabia inked last year. >> it's a nasty world out there. the middle east in particular. there are important american interests to keep the american people safe. >> in his statement the president denounce the crime against khashoggi is a terrible one and pointed out the u.s. has taken strong action against 17 saudi is known to have are dissipated and murder. pointing the finger of blame at the crown prince was a risk he didn't want to take. >> president trump: it's all about american first, we're not going to give up hundreds of billions of dollars in orders and what russia, china, and everybody else have them.

>> the president also addressed in the disclosure has dr. ivanka had used a private email address to do white house business. >> president trump: this is just early on when she came in, these calls were not classified unlike hillary clinton's calls which were classified. >> in 2016, president trump made hillary clinton's use of a primarily server a central part of his campaign. trump's attorney said she didn't create a private server in her house or office, there was never classified information transmitted. the account was never transferred or housed at the trump organization, no emails were ever deleted, and the emails have been retained in the official account. president trump called a nonstory. >> president trump: ivanka can handle herself. these are all in the historical records and it's all fake news. >> the beginning of the brick was marred by a steep decline in the stock market,

president trump waving it off insisting the fundamentals of the economy are strong. >> president trump: our unemployment is at a record low, you look at all the different statistics, i think your tech stocks have some problems with that will come back. >> the decline began after my mike mike pence and the chinese president got into a war of words it at the conference. the chief economic advisor saying standing up to china is the right thing to do. >> vice president pence defended american interests. >> on the khashoggi killing, president trump is also hearing from another friend south carolina senator lindsey graham in the statement said to look the other way is a wrong thing to do. graham adding "i firmly believe there will be strong bipartisan support for serious sanctions against saudi arabia, including appropriate members of the royal family for this barbaric act that defied all civilized norms."

>> bret: "the new york times" is reporting president trump wanted to prosecute two if his political critics. former fbi director james comey and hillary clinton. what are you hearing there? >> certainly in public president trump mentioned on many different occasions that he thought the fbi and doj ought to be investigating james comey the former fbi director and his opponent in 2016, hillary clinton. this story takes it a step further to suggest that he mentioned to don mcgann that he wanted the department of justice to go after comey and clinton. according to "the new york times" ," he tookt seriously enough that he had his attorneys draft a memo for the president outlining for him all of the horrible things that would happen to his presidency if he were to order such an investigation. >> bret: john roberts live on the north lawn. president trump has answered the question special counsel robert muller submitted in his probe into russian interference in the

2016 election. chief intelligence correspondent catherine herridge is here to tell us where things stand tonight. >> within the last hour come the president's legal team issued a brief statement confirming the president's written responses are now a special counsel robert mueller. the firing of fbi director james comey as any obstruction investigation, it has been our position that much of what has been asked raids serious constitutional issues and was beyond the scope of legitimate inquiry. this remains our position today. the president has provided unprecedented cooperation. 30 witnesses and now the presidents written responses. >> bret: democrats unleashed another assault on his choice to lead the justice department tell us about that. >> democrats launched a third front and the assault on the legitimacy of matt whitaker.

schumer released a memo to investigate unlawful contact prior to the appointment between acting attorney general matt whitaker, and president trump as well as white house chief of staff john kelly. mr. whitaker was seen by officials as a white house spy and known as the west wing's eyes and ears. house democrat jerry nadler who was positioned to take over the judiciary committee has threatened to immediately force whitaker to testify on capitol hill in january. on the white house lawn, the president stood by his choice. >> president trump: he's doing a good job, everybody tells me that matt whitaker is doing a fantastic job. we'll have to see where everything goes but everybody tells me he's doing a fantastic job. >> whitaker has a major speaking event in new york city tomorrow on national security issues.

>> bret: more problems for big tech and major retailers led to another wild ride on wall street today. the dow lost 552 today, the s&p 500 fell 49, the nasdaq dropped 120. what is happening? let's get some perspective. good evening, susan. >> 2018 is looking to be a down year for investors, both the s&p and the dow have now wiped out their gains on the year while the nasdaq is barely in the green. we saw a dramatic drop in the biggest single day loss in three years weighted by trade concerns and president trump's statements on saudi arabia which is one of the world's largest oil producers. energy stocks plunging. every oil stock on the s&p 500 falling today but that also means it's cheaper at the pump

for consumers. the national average, $2.61. as we head into black friday, which is supposed to be one of the biggest shopping days of the year and americans are expected to spend more this year than last year. that didn't help out retailers despite better results from kohl's and target. big technology names, facebook, apple, netflix, and alphabet parent to google all in bear markets, 20% down. if the concerns for investors continue to be higher interest rates, global economic slow down. traditionally the week of skipping is a positive week for stock markets with the s&p 500 rising for the past six straight years while the dow gained 19 out of the past 24 years. this year however it's looking difficult for investors to see positive returns on the week. >> bret: susan lee in new york

new york. this is another fox news alert, ohio democratic congresswoman marcia fudge says she will not challenge nancy pelosi for the speaker of the house job next year. fudge said pelosi has assured her black women will have a seat at the decision table. fudge had been the only unannounced possible challenger although 16 democrats have signed a letter opposing pelosi's candidacy. pelosi still faces a substantial challenge but congresswoman fudge's announcement is a major hurdle for pelosi to clear. a federal judge is preventing president trump from enforcing his latest ban on asylum-seekers. that is good news for many of the central american migrants trying to enter the u.s. along the border with california. >> each morning in tijuana, mexico, hundreds of immigrants

line up for their shot at the american dream. >> everyone has to come in legally, i'm going legally. >> what the administration was trying to do was funnel illegal immigrants into this line and put down their name on the list. what the judge is saying, the immigrants don't have to wait like they are here. the united states is accepting 50 names today for asylum interview. the judge says not necessary, these migrants can file their claim anywhere they want on the border. for thousands at the mexican border that spells opportunity. federal judge john tager on obama appointee from san francisco says the trump proclamation decries legitimate asylum claims. "whatever the scope of the president's authority, he may not rewrite immigration laws to impose a condition congress has forbidden."

mcgill serrano said he was fleeing mexico because his nieces kidnapped, he is not rushing to sneak across. >> and i would rather do with the way too. i got deported before. >> they called the ruling absurd. >> it's a court that decided they know better than the president of the united states. it's dangerous, we will appeal it, we absolutely expect to win. >> migrants are beginning to show up in the u.s. this church in phoenix has taken in 50 families in the past two days. >> we went from taking in ten families to 20 2:30, the most we've had is 60. it's two to three people per family. >> the judge's ruling could increase the number of border jumpers. the city hosted a job fair monday for those learning asylum into the u.s. still isn't easy.

>> we still have the hope to go to the other side, if we get a job here maybe it's easier to get a working visa. >> i asked the secretary about her job and the president's assessment on sunday that she needs to be much tougher. the president isn't simply voicing his frustration with congress and the courts, they are unwilling to fix the asylum crisis. i also asked her what is it like being her, and i have the storm of the president's signature issue? she said it's not boring. >> bret: thank you. the cost of putting nearly 6,000 u.s. troops along the border with mexico is around $72 million. that number could go higher. that's the word tonight from the defense department. a spokesman said the cost will depend on size, duration, and scope of the operation. the current estimate includes only forces approved as of monday.

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♪ >> bret: the death toll in the

northern california fires has climbed to 79, the number of people missing has dropped to 700, it was more than a thousand. heavy rain is combing the flames but bringing additional problem problems. >> this isn't home, we are looking for a home. >> for lisa martin and thousands of residents of paradise california, there is no home to go to this thanksgiving. instead, they will be spending at here at this church evacuation center in chico. >> you're reflecting on everything you're grateful for. it's not frivolous, it's meaningful. i am very grateful to still be here. i'm grateful to be able to be here instead of being on the streets in the cold overnight. >> hundreds are still living outside in a nearby walmart

parking lot even though city officials hope to get everyone out before the weather makes a bad situation even worse. >> the rain will cause unfortunate dire circumstances for these individuals who are already dealing with the most unfortunate tragic disaster. >> with cold temperatures in the forecast for tomorrow, the race is on to get evacuees into more permanent shelters as well as get search and recovery process as possible. authorities worry rain could wash away bone fragments in turn loose dry ash into paste making it tough to identify victims. >> we are just working methodically. unfortunately there's so much extensive damage, it's going to take time. i know it's hard on families who are trying to get answers. >> this is not going to be pretty. >> the l.a. fire department released new videos of intense moments as one of its helicopter crews rescue people from a mountain peak last week. with low fuel and the fire raging, the pilots managed to land and get three people and

their dogs to safety. >> that's enough excitement for me today. >> the first winter storm of the season is expected to roll into night and last through the week. the rain will help clear out this unhealthy air and put out what's left of the fire. officials worry that a heavy downpour could trigger mudslide mudslides. >> bret: claude mccallum , meantime oversees a suicide bomber targeted a gather of hundreds of islamic scholars in afghanistan today. at least 50 people were killed. another 83 were wounded with 20 in critical condition. it happened at a wedding hall. no one immediately claimed responsibility for the attack but both the taliban and local isis affiliates have targeted religious scholars along with the government in the past. there is word tonight president trump may be considering a visit, a trip to

visit u.s. troops in iraq or afghanistan or both. it comes at a time when the president is taking major heat for what his critics say is bringing politics into the military. national security correspondent jennifer griffin report from the pentagon. >> president bush used to serve turkey to troops in iraq. president obama also surprised the troops during the holidays. after nearly two years in the white house, president trump has yet to make a surprise visit to troops deployed overseas. the administration is now discussing a future trip following criticism over over e president skipping a trip to a u.s. cemetery while in france to commemorate the end of world war i, and missing veterans day events at arlington national cemetery. >> president trump: in retrospect, i should have, i did last year and i will virtually every year. >> i don't think the military or our vets are offended by the president not being there.

he clearly stands out as a president who is so supportive of the military. >> other top retired military members are demanding an apology for maligning the navy see admiral who oversaw the bin laden raid. >> former head of u.s. special operations. >> president trump: hillary clinton fan. >> he was a navy seal. >> president trump: when it had been nice if we got usama bin laden sooner than that? >> leon panetta was the cia director during that raid and later served as secretary of defense. >> this president owes admiral mick raven an apology. >> the navy seal who killed bin laden the president needs to acknowledge he misspoke. >> i think he was talking faster than he was thinking. i don't think he really thinks having a different president in power or different admiral would have sounded it sooner. there are so many people, so

many agencies involved it was done as quickly and efficiently as we could. >> the president punted when asked if admiral mcraven was a hero. he plans to go to a war zone but did not say when. >> bret: jennifer griffin at the pentagon. up next, the u.s. considers adding another country to its list of state sponsors of terrorism. first, beyond our borders. authorities in spain that say one person died and thousands were injured after a landslide derailed a commuter train traveling to barcelona. firefighters and emergency workers evacuated 131 commuters and sent five of the 41 people injured to the hospital. heavy rain is being blamed for that landslide. china is giving the go-ahead for u.s. navy aircraft carrier to make a port call in hong kong. the approval for the uss ronald reagan and three other warships comes two months after china denied a similar

request. city officials in rome have sent in 600 police officers to evict a purported crime family from eight villas allegedly billed without authorization decades ago. made headlines in 2015 when they staged an elaborate hollywood style funeral for its boss complete with a horse drawn carriage, flower petals tossed from a helicopter and the music from the godfather playing outside the church. just some of the other stories beyond our borders tonight, we'll be right back because of depreciation. if your insurance won't replace your car, what good is it? you'd be better off just taking your money and throwing it right into the harbor. i'm regret that. with new car replacement, if your brand-new car gets totaled, liberty mutual will pay the entire value plus depreciation. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪

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♪ >> bret: the president is said to be considering putting venezuela on the list of nations designated as state sponsors of terrorism. correspondent kevin corke reports from west palm beach with the president just touched down on why venezuela and why now? >> it would be the strongest signal yet that the trump administration is willing to target the oil rich but faltering south american countr country. "the washington post" citing unnamed sources assess the trump administration is prepared to add venezuela to its list of state sponsors of terrorism, a designation reserved for governments accused of repeatedly providing support of international terrorism and includes iran, north korea, sudan, and syria. if to hit the renegade nicolas

maduro regime with one of its most powerful tools. in a letter, secretary of state mike pompeo is urged to protect the american homeland and our people from the venezuelan dictatorship's egregious support for terrorism and narco trafficking. citing the ongoing nature of the discussion white house officials refused to say whether or not the designation was a foregone conclusion. a spokesman noted the administration will consider it scalable options to pressure the maduro regime to restore democracy in venezuela. under maduro, venezuela has suffered hyper inflation, food shortages and a devastating measles outbreak which because of emergency migration which has now spread into neighboring countries brazil, argentina, colombia, ecuador, and peru. critics question the wisdom on

applying more pressure to a regional powder keg. >> it looks like an expression of anger that will not achieve any of our goals and make life worse for the average venezuela venezuelan. >> the state department has apparently asked hhs, the department of homeland security, as well as the cdc for input on the designation, the question being can the u.s. hit maduro without causing further hardships. >> bret: kevin corke outside the white house in palm beach, the u.s. government is opposing the candidacy of a russian general who could soon be in charge of an international police organization. the trump administration is citing what it calls russian abuses of interpol. senior foreign affairs correspondent amy kellogg looks at both sides tonight. >> a russian general and alia vladimir putin is expected to be

the next president of interpol, a development that has drawn the ire and concern of u.s. congress and potent critics, including bill browder himself a target of vladimir putin who said the world should be wary. >> to put his representative in charge of the most important international crime-fighting organization is like putting the mafia in charge and that it will only lead to bad things going forward for crime-fighting and victims of the putin regime. >> he's faced several arrest warrants and the kremlin accused him of killing his own attorney. in washington a group of senators accused russia of abusing interpol warrants, putting a fox in charge of the henhouse. putin's spokesman turn the tables on that letter.

>> this is probably a certain kind of interference in the electoral process of an international organization. how else can we assess that? >> there's another candidate in the running, a south korean named kim john yang. of mike pompeo urged his election. >> we encourage all nations and organizations that are part of interpol and to respect the rule of law to choose a leader with credibility and integrity. >> they have been accused by international human rights organizations of weaponizing an arrest warrant and its last president was arrested in china on corruption charges. the election is tomorrow. >> bret: high expectations tonight in massachusetts for the first store selling legal recreational marijuana. we'll have a report when we come back

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day for legal recreational marijuana sales in massachusett massachusetts. that means big business for the states two stores which also happen to be the only ones on the east coast. correspondent molly lime reports from one of them tonight in leicester. >> a wintry mix did nothing to dampen enthusiasm as buyers waited in long lines to legally purchase marijuana. >> three, two, one! >> the state is the first piece of the mississippi to allow retail pot shops, two military veterans made the first bias. >> we are bringing it out of the shadows, making it legal, regulated, safe and available for adults to be able to purchase and consume responsibl responsibly. >> an iraq war veteran made the initial by. >> it's something amazing, i probably dreamed about it back in high school this day would

happen sometime paired >> under the law, purchasers are limited. >> people can buy up to an ounce of flour or 5 grams of concentrate or a combination of both. >> residents voted to legalize recreational marijuana more than two years ago but stringent oversight stalled progress. >> i'm confident we used our best judgment to kick this off the right way but we are going to reserve. >> others say the space related to safety post legalization. today, the greatest challenge facing police has been traffic control. >> this is like black friday at walmart. >> more than a thousand people have streamed through the doors and on the first day of legal sales with the holiday season upon us, state officials warned that driving under the influence including the influence of marijuana will not be tolerated. >> bret: thanks. here's some advice you don't often hear.

do not eat salad. the centers for disease control are advising u.s. consumers not to eat any romaine lettuce at restaurants to not serve any because of an outbreak of e. coli infections. 32 people have been infected in 11 states so far. nasa's latest visitor to mars is just about there. the insight probe arrives monday after a six-month 300 million-mile journey. it's a three legged one armed geologist that will dig deep and listen for quakes. insight will be the first american spacecraft to land a sense of curiosity rover in 2012 in the first dedicated to exploring underground. president trump has decided not to punish saudi arabia over the jamaal khashoggi killing, we'll talk about that plus the president has turned in his answers to the mueller probe. unexpanded panel coming up on

today's top stories. (music throughout)

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submitted? >> president trump: very soon. i don't know what the timing is but i finish them. >> so you are submitting -- >> president trump: by the way, it wasn't a big deal. the questions were asked and answered to. they are making it like i had meetings for many, many -- i got the questions, i responded, we wrote them out, i read them once, i read them a second time, we made some changes, that's it. very simple. >> bret: the homework assignment this done, president trump turning in his questions to special counsel robert mueller, ending this portion of the q and they submitted to the president. the president's attorney: "come of this remains our position today, the president has nonetheless provided

unprecedented cooperation, special counsel has been provided with more than 30 witnesses, 1.4 million pages of material, and now the president's written responses to questions. it's time to bring this inquiry to a conclusion." let's start with our panel, byron york chief political correspondent of the "washington examiner," john mccormick senior writer at the weekly standard, and bill bennett former education secretary and author of the book "the true st. nicholas." >> if you want to take a break from politics, the true st. nicholas is a good read about somebody very much associated with christmas that we don't know. i hope it's almost over, i hope -- my guess is it is. i think it's basically good news for donald trump. he got these inquiries, it was a take-home assignment as it has been called, he answered questions and sent them back.

my guess is there's not a rebuttal or response, that's that. we'll wait and see, we've all been wondering if there's anything there. we'll soon find out. >> bret: it seems like the clock is ticking. >> the thing we don't know is whether this is tying things up with a bow or opening up new areas of inquiry. mueller could have follow-up questions, some of the presidents answers could raise issues that were not previously considered or that mueller wants to go into. rudy giuliani said in his statement that the white house had raised the issue of executive privilege or a lot of questions involving obstruction, all of which if it took place took place in the white house. these questions apparently focused on what took place during the campaign. was there any collusion? we know the president said a million times in public there was no collusion. my guess is the answers were similar to that. the question is is mueller going to be satisfied and close up or doesn't open up something new?

>> bret: i guess the other question is what does the democratic house do if the mueller report is not finished before the end of this year as they take control of the house of representatives? >> that's the most interesting question because they want to tread carefully. it's a division in their party about how strenuously they should investigate the administration. and overlap with the russia collusion probe, obstruction of justice investigation that mueller has been tackling. outside special counsel and of course this whole question of whether or not they would ever try to even begin a discussion of a potential impeachment without the findings of a special counsel report. i think and i don't have mueller's sources because nobody does, it's obvious the special counsel is trying to squeeze roger stone. because of the way he's going

after the associates around him, i don't think a mueller report is coming soon. like byron, i think it's possible with the fact that the president has only responded to questions about the campaign and nothing about obstruction of justice or impeding the investigation or abuse of power like "the new york times" reporting on today that it doesn't mean it's tied up with a bow. it's going to be a challenge to the democrats do not overreach and trust in the special counsel and to strike a balance here in what they choose to probe. >> bret: the other big story today was the jamaal khashoggi investigation, the statement put out by the white house. the president reacting and saying we done what we are going to do with saudi arabia and were going to move on. >> president trump: we put out a statement on saudi arabia which i guess most of you have seen. the cia has looked at it, the study double ought, they have nothing definitive.

maybe he did, maybe he didn't, it's all about america first. were not going to give up hundreds of millions of dollars of orders and let russia and china and everyone else have them. i'm not going to destroy the world economy and i'm not going to destroy the economy for our country by being foolish with saudi arabia. if we broke with them i think your oil prices would go through the roof. >> bret: thoughts. >> i think on the specific question of whether we should cut off all arms sales to saudi arabia, i think that is a foolish thing to do and the president is right. what i don't think he got right is the idea that you have to lie for foreign dictators, you have to help them cover up a murder, that you should cast doubt on our own intelligence which reportedly said with a high degree of confidence that saudi arabia did order this. i think there are tough calls and strategic alliances with unsavory and even evil dictators but you can also speak for

american values, human dignity, human rights. president reagan did that very well, president trump is either incapable or unwilling to do that. i thought this was reminiscent of the north korean statements, they's idea that you have to actively praise these brutal dictators it's something that he believes is necessary to foreign policy. >> bret: this is getting a lot of criticism. senator lindsey graham who was an ally of the president said i firmly believe there will be a strong bipartisan support for serious sanctions against saudi arabia including appropriate members of the royal family for this barbaric act. while saudi arabia's strategic ally they shown disrespect for the relationship and made him beyond toxic. >> part of the reason for the reaction as we know some of the particulars. it's gruesome and deserves condemnation.

as a critic of donald trump, james clapper said we must maintain relations with saudi arabia, it's very important. we have had worse enemies than saudi arabia. we have one now called a iran. >> bret: you think there will be pushback? >> trump can be amazingly frank about his reasons for doing things and he has clearly made a calculation that the relationship with saudi arabia is more valuable than inflicting any further punishment over the murder of khashoggi. the united states has sanctioned 17 saudis in relation to this, one of whom was fairly close to the crown prince. trump comes out and he says saudi arabia is a vital ally in the war on terror, they spent

$400 billion with us, $100 billion in military spending. that's huge, that's in our interest, i'm not going to get any further worked up about this murder. it's an astonishing frank, realist sort of statement and i think even his supporters wish he could probably find more of a middle ground. i think john was suggesting that to take more into account. humans right issues involved, at the same time reaffirming the relationship. >> bret: i think his supporters say this is someone speaking out without the filter and that other presidents might not have said it publicly but this is what they were thinking. the foreign minister from iran that we did out mr. trump bizarrely devotes his first paragraph of his shameful statement to accuse iran of every sort of malfeasance he can think of it. perhaps we are also responsible for the california fires because we didn't help rake the forests.

getting in a job there. >> the message this sends around the world is one of weakness and abandonment of our values. the president fails to affirm our commitment to the values that make us great. his statement said, it was a statement of standing with saudi arabia. there was no balance, there was none of the values and commitments that you discuss your commitment to and you pave it to the importance of a relationship. if they are going to give us money, we need them. i'm competing for contracts with the russians and the chinese and i think there is no better statement from his ally rand paul who said this is not america first, this is saudi arabia first -- the condemnation has been swift and profound. it's because the president is not acting in the best interest of this country when he makes a business arrangement.

>> bret: let's end with this. there's a cultural shift happening we covered tonight. the massachusetts legal marijuana, you had some thoughts about that. >> i think massachusetts a lot of celebration, first sale of recreational marijuana, i predict they will come to regret this, they will make a lot of money but if you want to invest, you should invest in treatment centers because you will see a huge explosion in that. everyone worrying about this terrible opioid crisis, i'm reminded of cs lewis who said when in a flood, don't grab for the hoses. we are making this problem worse. there are more people in drug treatment for marijuana than all other drugs combined. if you want to know how people get into other serious drugs, it's through marijuana. not through the mist prescription, the overprescribing of drugs at cvs but it's from marijuana. he careful.

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>> bret: finally tonight, president trump took part in another holiday tradition today by pardoning the lucky turkeys. peas and carrots, that's their name. here's a look back at some of the best presidential poultry pardons. >> president trump: i hereby grant you a full pardon. >> thank you, everybody. [laughter] >> this is the most well behaved turkey.

>> bret: it is quite something every year in the rose garden. that's it for this edition of "special report," fair, balanced, unafraid. "the story" starts right now. >> martha: always an interesting moment at the white house, and tonight the president pardons the turkey but says they may not be so lucky in the future. >> president trump: even though peas and carrots have received a presidential pardon, i have warned them that house democrats are likely to issue them both subpoenas.