even more. >> barbara, thank you very much. that's it for me. thanks very much for watching. i'm wolf blitzer in "the situation room." erin burnett "out front" starts right now. >> next, breaking news, a former acting attorney general sally yates says she warned the white house loudly about michael flynn. why did the white house do nothing about it? plus the white house says trump's border wall is being built right now. rafael? and jimmy kemmal's personal monologue about his baby's heart condition. a pediatric cardiology is our guest. breaking news, white house warning. the cnn exclusive tonight. the former acting attorney general sally yates gave a forceful warning to the trump white house about michael flynn's dealings with russia.

she relayed serious concerns." yates isn't just saying this to cnn. she's going to testify about it next week. it is a major statement. tonight it is at odds with what the white house said happened. sean spicer describing her warning as a heads-up. but was it just a heads-up or was it a forceful warning ignored. the senate intelligence committee went to cia headquarters on the briefing on the russia investigation. pamela brown is "out front" tonight with the breaking news. what are you learning, pamela? >> reporter: former acting attorney general sally yates, the same person president trump fired is set to testify next week that she gave a forceful warning to the white house regarding michael flynn nearly three weeks before he was fired.

this extra diktsz the administration's version of events. yates told white house counsel that flynn was lying when he denied in public and in private that he had discussed u.s. sanctions on russia and conversations with russian ambassador. she was concerned that his mission leading comments made him potentially vulnerable by being compromised by russia for blackmail. more than two weeks later president trump said he was unaware of reports on flynn. three days after that on february 13, the washington post published a story that flynn had lied to vice president mike pence about the conversations and as you'll recall flynn resigned in a night. the next day, sean spicer described the meeting in january and downplayed the urgency of the warning. here's what he said. >> so just to be clear, the

acting attorney general informed the white house counsel that they wanted to give "a heads-up" to us on comments that may have seemed in conflict with what he had sent the president out in particular. >> reporter: we're hearing that gat yates is prepared to testify this was a forceful warning. this will be the first time that the acting attorney general will speak about the white house meeting and a source fam with the situation says she will be limited on what she can tell the committee because many of the details involving flynn are, of course, classified but she can give more color about that conversation. her previously scheduled appearance was canceled by chairman devin nunez. the move sparked outcry tofrom democrats who thought he was trying to shield the white house

from damaging revelations. >> pamela, thank you. also tonight, president trump speaking with the russian president vladimir putin. an extensive call, in fact, the first one since the all-lime p -- as this ribs investigation is heating up, intelligence going to the cia for a briefing. what happened on the call? >> reporter: we can tell you that secretary of the state recollection tillerson was on the call, describing it as detailed exchanges between the two men. much of the conversation had to do with syria ending the conflict there, anything they can do to try to do that, trying to work on some sort of a cease fire, perhaps, u.s. representative will be actually heading to russian-sponsored talks on just that very same

topic. also the need to end the suffering there. this was discussed during the phone call as well. trump bringing up the idea of trying to establish safe zones in the region. you remember during his campaign, this was one of the points he had brought up repeatedly, the neat to establish safe zones there in the area as well. the two men also talking about the need to work together to fight terrorism. the conflict in north korea also brought up as well, erin, but a number of law enforcememakers a wondering was there any discussion at all about possible russian sanctions, are russians med allege in the u.s. election. those were things brought up in the phone call with president vladimir putin. still up in the air. >> thank you very much. "out front," white house

communications director for president obama. let me start with the exclusive reporting you just heard pamela sharing. the former acting attorney general sally yates is going to testify that she gave a forceful warning about flynn three weeks before the president actually fired flynn. she's going to be limited, because a lot of information is classified. but how bad could this be? >> erin, even with the limitations she'll have, obviously, since it isn't in a classified testimony, public testimony under oath is an entirely different ball game. this is the former acting attorney general testifying publicly that -- with information that contradicts with a number of high-level officials from the trump administration have said. it will bring up a lot of questions. its start to believe that john mccan sat on that information.

believe me, i've been there when high level officials are fired, you don't sit on it for three weeks. >> congressman, it took three weeks from this forceful warning that sally yates is saying she gave the white house counsel till flynn was fired. you heard the white house press secretary describe the warning as a heads-up. she said serious concerns, forceful warning. that sounds really different than a heads-up, doesn't it? >> well, it does but let's back up a moment. she's an obama appointee. she is a democrat operative. if she came to me and said i heard something, i'd want to know what she heard. if she's using the word forceful, what was it that she serd. there was a suggestions that these were about sanctions but maybe something big ter than that. how many people did you talk to

is another question she has to answer. who did show transfer this information to? and is there a transcript itself or did she just look at this and review it with somebody like susan rice? i think it's going to be an interesting testimony but it's not about a time sequence. it's about who did she share this information with. leaking it is indeed a felony. >> leaking of course a felony. it is a separate point from if she knew that general flynn was doing things he shouldn't do. was he breaking the law or colluding with the russians, whatever it may be. if that's what the white house got, sitting on it for three wreaks fells you what? >> reportedly she went to share this information with the support of k4r57er and brennan, people in the intelligence community because there was information being provided to

people like vice president pens that was inaccurate. she was trying to do her duty as the acting attorney general. i think this is going to raise questions about the credibility of the administration, the credibility of people out there speaking on their behalf. i think we'll learn more next week when she testified. >> i want to bring in bob bear into the conversation. i want to ask you, bob, given your knowledge and being in the intelligence world, we hear that yates is "highly motivated." she wants to set the record straight about this warning to flynn. the white house is saying it was a mere heads-up? what does it say to you? >> erin, it's a misjudgment on the white house's part when the acting attorney general comes to you and say, you have a problem with one of your nominees to national security, we believe he's been pro highsed, has been given classified information,

has taken russian intelligence, which today that's essentially what it is, you listen. you don't ignore either the fbi or the attorney general. you never do that. they should have put his appointment on hold. it addresses the credibility of the white house and you know -- >> erin -- >> amateurs coming into the -- we see this happening over and over again. >> go ahead. >> nobody said he's leaked classified information. he didn't -- >> well, he did take money from russia today for that speech. >> to our knowledge, that's not the context of what sally yates said. i'd like to point out that she was fired for insubordination, so it's not like she's a trap trooper with the interests of the president in mind. where did she find it and is there a transcript and -- >> just to be clear, so

everybody knows, she was fired because she refused to up hold the president's travel ban. >> with you that's insubordination. >> are you then saying she was a liar when she said general flynn had improper dealings with the russian government? >> no. but if you're a general and give an order to a colonel, you're fired for insubordination and their motivation might be up for question. the democratic party is recruiting her to run for governor in our home state of georgia. she and suzann -- >> wait a minute. you're separate parties. >> do you think she could have made this up all because of politics? >> i think sally yates was served for years in public service. she wanted to provide this information to the white house, to the president's counsel because gleerl president has

been lied to by the person who gets elected national security vierve. i don't think this is information you should ignore. it really brings in to question their credibility, their judgment, and there are a lot of good objects around this. i think we'll learn more about last week. >> bob with. >> look. she was doing a favor to the white house. whether the information was accurate, maybe flynn is innocent. you just don't know but when the fbi and the justice department sums to you and says you have a problem, they're doing you a favor. anybody else but this administration would have simply put his appointment on hold and waited for ittop to be cleared up. this happens all the time in the government when there's a doubt in the counterintelligence vepgs. i think it was a mistake of the trump administration. >> thank you automatic very much. i appreciate your time tonight. much more to come on this, of course. that testimony coming in public. we'll see what we find out about

what she knew. next, hillary clinton speaking out, saying if the election were on 12 days earlier sbhld the president of the united states and she's blaming somebody else for her loss. plus the president angry even as he said this is what winning looks like. and jimmy kemmal opening up about his son's heart condition. >> if your baby is going to die and it doesn't have to, it shouldn't matter how much money you make. >> kimmel's cousin, a doctor, helped him this through the ordeal, is "out front" tonight. [vo] the grille is distinctive. but it's usually seen from the rear. the all-new audi q5 is here. ito treat your toughy nasal allergies... ...listen up. unlike pills that don't treat congestion, clarispray covers 100 percent of your nasal allergy symptoms. clarispray. from the makers of claritin.

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citizen and part of the resistance. >> reporter: clinton criticized a strike. >> we later learned that the russians and syrians moved jets off the runway, that the russians may have been given a heads-up even before our congress was. i won more than 3 million votes from my opponent. i feel a tweet coming. better that than interfering with foreign affairs. if he wants to tweet about me i'm happy to be the diversion. >> reporter: she reflected on what it would have meant to win the white house. she placed more blame on the fbi director's decision to send a letter to congress stating he

was reexamining facts. director jim comey's letter went out october 28. >> if the election had been october 27, i would have been your president and it wasn't. >> reporter: she refused to speak russian president vladimir putin's name. >> he certainly interfered with our election and it was clear he interfered to hurt me and help my opponent. if you chart my opponent and his campaign's statements, they quite coordinated with the goals that that leader who shall remain nameless had. >> as for her own role in last november's loss -- >> i take absolute personal responsibility. i was the candidate. i was the person who was on the ballot. i can't be anything other than

who i am. i spent decades learning about what it would take to move our country forward. >> reporter: clinton promised more in a book she's publishing in the fall. >> i am writing a book, it's a painful process reliving the campaign. so did we make mistakes? of course we did. did i make mistakes? oh, my gosh, yes, i did. you'll read my confession and request for absolution. the reason why i believe we lost were the intervening events in the last ten days. >> reporter: and those events will likely be revisited tomorrow when director comey testifies before the senate judiciary committee. he ultimately cleared clinton two days before the election but by then, democrats say the damage was done. >> all right, breanna, thank you very much. steve israel in new york, mary

catherine ham. look, she said she's writing a confession. she's admitting she made a lot of mistakes, so humble in that regard. she said it was intervening events. had the lex been held october 27, she would have won. >> this is the fire effectively apology, which is yes i'm taking responsibility but it's not my fault. i don't think it's a great look. i think, look, i know this is painful, but instead of selling the book, do an honest hashing out of this on the stage and mention perhaps the fact that you should have gone to wisconsin. i think even people who support her think thatches a serious mistake and that she should take some responsibility. which she seemed almost to be mocking it. >> this is what she said about jim comby and why she believes

that was the line. here she is. >> i was on the way to winning until a combination of jim comey's letter on october 28th and russian wikileaks raised doubts in the minds of people who were inclined to vote for me but got scared off. >> jim comey only had something to talk about because of her private e-mail server, right? is this the true i am to blame for my own loss? it doesn't sound like that. >> first of all, i have to be careful. i'm going to see her at dinner after this show. i have to make sure tle let me in. >> on october 27 -- >> the day she said she'd have won. >> yes. the senior campaign staff told me they believed that they were safely at 280 electoral votes, that their voter turnout

methodology had them at 280 vote. then the comey letter comes out and the bottom drops out. i'm a big believer that whoever controls the narrative controls the outcome. i do not believe in a the comey letter necessarily led to the outcome by itself but we -- it turned a referendum on donald trump into a referendum on hillary clinton and it contributed to the outcome. having said that, one other point. we should not minimize the unique economic anxieties on voters. the unique -- >> but isn't jim comey doing just that? >> she didn't blame that on him. she took responsibility. >> republicans are going to keep -- >> another thing she said was in terms of what her role was going to be. she said "now back to being an active citizen and part of the

resistance." here's what bill maher said to cnn about that earlier. >> i don't know why she needs to be coming back. she had her turn and it didn't work out. >> she points out she won the popular vote by three million votes. >> i wrote down that i found the most interesting think of that was she said she was part of the resistance. we're at a time where we have hillary clinton and barack obama who are still young, who are going to play a role in the democratic party. what will bill maher is talking about, are you blocking a younger block of voters? there is something to be said by trying to foster an environment for younger democrats to take over the party. >> i want to get you all's take on this. news week put out a story on ivanka trump. if you look at it, it's

disturbing, because it's so well done. the new hillary clinton in the white house. they suggest similarities between the two women. >> p ivanka trump. she's a white house power without pounds. she's starting on the third base thanks to her man and she's ethically challenged. fair? >> no, not fair game. >> not fair to either -- >> not fair to either. look, there is legitimate potential for conflict of interests. but that stuff about being born on third base, it -- it's just not fair, it's not appropriate. >> not fair, not appropriate? >> i think it's a little fattle. the problem i think for democrats is that of all the lines of attack for donald

trump, p ivanka trump is probably the most likable figure and i don't think this is going to get you invest. >> i agree entirely. i don't think it's fair to these two women, but the fact after the matter is it's very sexist to -- >> starting on third base. >> because of her man. >> a lot of people say bill clinton wouldn't have got tlen if it weren't for hillary clinton. i'm interested in ivanka trump's husband who seems to have a lot of power. >> can trump's controversial pick for the second of army be approved after saying this? >> now, you poll the psychiatrists, they're going to tell you that transjend certificate a disease. termites.

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welcomed the air force academy football team to the white house. >> this is what winning looks like. something that you folks really know a lot about. >> jeff zeleny is at the white house. is the white house saying something very different? there's a lot of stuff in this will he didn't want. >> the whole reason the president was out in the rose garden today talking ability this was that there are many republicans in this town who believe that they were essentially defeated message wise by democrats in this spending bill we've been talking about here, particularly the border wall. there's not one thing perhaps more than this the president has talked about again and again funding for this wall. the reality is there's no new funding nor add new wall in this. that became slightly more confused at the press beefing today which was traen over by

the director of the office of management mick mulvaney. >> we are building this now. there is money to build several hundreds of millions of dollars to replace this. that's what we got in this deal and that's what the democrats don't want you to know. this stuff is going up now. why? because the president wants to make you more safe. >> this is what you call political pushback and spinning tonight, erin. the reality is that the president did not get what he wanted in this spending bill that was to fund his nud wall. mulvaney saying this is the biggest increase of border security. yes, it is. but the new wall, the one the president talked about again and again is not being built with any money in this budget. that will come in september in the fiscal 18 budget if they approve it then. the pictures there were an

existing part of the wall. the new wall, no money's there for it yet, erin. >> i guess they can't do anything in the wording for a new wall. they can watch existing wall, i suppose. let me get your reaction. you saw the brunltd director run out in the middle of the press briefing, took it over. we're building this wall right now. what's your reaction? >> well, my reaction is particularly as a member of the appropriation committee and serving as a ranking member of one of the subcommittees that the president is right, this is what winning looks like for democrats. people who want to make sure we can continue to invest in health care research, for people who opposed his ridiculous unnecessary border wall. yes, there is border security

funding which is important. we all support increasing border security. there's no money in the budget to build this wall and there are there also is no money for more detention officers. >> obviously, what he said today when he said out and said that, not true, they can't do it right now. >> right. >> they have an increase in border security money. the president very proud. here he is. >> we achieved the single largest increase in border security funding in ten years. with enough money to make a downpayment on the border wall. >> again he's classifying it as a youj payment. he can't use the money for building it. thaerls no question what their

intentions are. yet you do support border security and you are voting for the bill, right? >> i'm voting to the bill, yes, but they are desperately class pg at strong to define that this is somehow a win for their supporters. they absolutely didn't want this budget to look like it does. not only does it have 2,000 more but it fully restores year round pel grants, doesn't have detention beds, has significant resources to fight famine in afternoon ka. the list goes on and on and these were all things that they proposed cutting in the skinny budget that they rolled out. >> right. you mentioned those things. it also doesn't cut the funneleding for h planned parenthood. >> absolutely right. >> it doesn't have money for the deportation. >> and they don't have the money

to unwind the health care act, either. >> you're voting for it? >> i am voting for it. i haven't heard many democrats come out and say they're opposed to it. some members are still looking at it. but overall this is a really -- >> you think it was a big win for democrats, opposite what the president said. >> this is a big win for america. when it comes toe what winning looks like, yes, it shows that even the minority were effectively able to reach across the aisle and do the right thing for america. there are millions of americans who will benefit from the things in this appropriation manies bill. the president's real reaction should he wouldn't to shut the government down in september so he can get his way and do what he really wants to do which is

build that wall with the taxpayer's money and reverse all this progress. >> hillary clinton, as you know, spoke today. she, as we are all aware, was slammed during the campaign for being paid for speaking. now president trump is being criticized for taking $400,000 for a speech to wall street. >> it's not a good idea. sorry for the -- president obama made that choice. i just think it is distasteful. >> well, i was troubled by that. one of the things i talk about in the book is the influence of money. i describe it as a -- you know, a snake that slithers through washington. and that it shows up in so many

different ways here in washington. >> i mean, of all people to question whether or not they are -- question their commitment to getting money out of politics, to make sure we restore integrity to the political finance process, you know -- >> but it's specifically about banks, right? >> look. it is none of anyone's business what someone who is a member of the private sector decides to accept in terms of compensation. with all due respect to anyone who pushes to comment publicly on what anyone earns as a member of the private sector, it's just nyob, it's enough your business. >> you think the banks were bigger than they were, none of that matters? >> you know what? >> no taxpayers went to jail -- >> those were all -- >> that's what you're upset

about? >> no, no. i agree. i believe there was more that should have happened for there toeb yenss for their actions. but as far as the compensation that a private citizen takes for a speech that they give, that's not my concern nor any of our business. i look more at the public record of someone like barack obama and hillary clinton and their public record is pristine. they both fought back against the big banks and their practices and i have every confidence in the service that they both provided. >> thank you very much. >> thank you. >> i appreciate your time tonight. >> my pleasure. >> next, the highly controversial comments from president trump's nominee. >> no parent should ever have to decide if they can afford to save their child's life. with my moderate to severe crohn's disease,...

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p. tonight, another top nominee of president trump's may be dropping out.

mark green says he believes transgender is a disease. one of his controversial comments that puts his nomination in jeopardy. bab ra starr is out front. >> reporter: president trump's pick for second of the army mark green under fire for his tropical views on the theories of evolution, creationism, as well as anti-lgbt remarks. green is an army veteran of iraq and afghanistan. a west point graduate, a state lohr and he has a medical agree. in 2015 he gave a speech discovered bien y cnn's k file. >> did this all happen by chance operating inside the laws of chemistry and physics? oar is this unbelievable engineering and is the scientific mind going to look at

it and make the conclusion, observation, and conclusion that it was created and not that it evolved? >> green is a tea party favorite. last year, green infuriated the lgbt community. >> if you polled the psychiatrists they're going to tell you that transgender is a disease. >> all of this raising questions to some on capitol hill if he can get enough moderate backing. he said the liberal media has blatantly falsified what'd i've said. trump has had difficulty filling top positions. that's trump's first choice for army secretary.

he withdrew saying it would be too complicated to untangle himself from business ties. >> existing poehls are experiencing anything declines in value. >> too many biz tying to avoid the experience of personal interest. >> the evolutionist have their argument, too. they say i can't explain how it went from there to incredibly flex, so it must have been billions of years. >> reporter: some say it's untrue that he will withdraw his name from conversation. the pentagon referred cnn to the white house. the white house declined to comment. >> all right. up next, jeanne moos takes it on

board for another airport brawl. and jimmy kemmal. >> if your baby is going to die and it doesn't have to, it shouldn't matter how much money you make. >> jimmy's cousin, doctor is my guest. they call him the whisperer. the whisperer? why do they call him the whisperer? he talks to planes. he talks to planes. watch this. hey watson, what's avionics telling you? maintenance records and performance data suggest replacing capacitor c4. not bad. what's with the coffee maker? sorry. we are not on speaking terms. ♪ what's with the coffee maker?

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ask your heart doctor about entresto. and help make tomorrow possible. ♪ you're only a day away. . new tonight former president barack obama praising jimmy kimmel who revealed his son was born with a heart condition a few weeks ago. >> normal healthy baby until about three hours after he was born. we were out of the delivery room. we moved to the recovery room when the whole family was there. a nurse was checking her out and heard a memorier. she noticed he was a bit purple which is not common. she asked me to come with her. they did an echo card program and found out that he was born

with a heart disease, something called tetralogy of fallot. ed and he has a hole in the wall of the left and right sides of his heart. on monday morning, dr. starnes opened his chest and fixed the hole in his heart. i would like to thank his doctor, and my cousin who happens to be a pediatric surgeon in new york, she explained to my family over and over again. thank you, denise. >> and with us now, jimmy kimmel's cousin.

what was it like watching that? >> it's surreal, watching my family deal with something that i deal with on a daily basis at work. i was glad that i was able to provide them with some counseling. >> jimmy decided to take the courageous step to bear his personal life, you have a public persona and you have a life that you choose to share. he said thank you for the love and support, keeping a close ear on billy who is very well. what drove jimmy to make that decision, to say i'm going to speak about this publicly? >> besides the obvious wanting to announce the birth of their beautiful new baby, i think one of the most important things was to recognize the actions of all the people that helped take care of billy and helped save his

life. i think jimmy wanted to show the appreciation, in medicine, there's a lot of privacy rules and a lot of times the people caring for the children in the hospital don't necessarily get public recognition and we're okay with that, but when it does happen and it happened so beautifully last night, i think it means a great deal. >> he spoke about the personal side, but obviously this has a political side because this would be a preexisting condition. there's a lot of people that don't have the means for the health care. here's what jimmy said. >> we were brought up to believe that we live in the greatest country in the world. but until a few years ago, millions and millions of us had no access to health care at all. in 2006, if you were born with a congenital heart condition, you were born with a preexisting condition, and if your parents

didn't have medical insurance, you might not love long enough to even get denied because of a preexisting condition. if your baby is going to die, and it shouldn't have to, it shouldn't matter how much money you make. i think that's something that whether you're a republican or a democrat or anything like that, we all agree on that, we do. >> hillary clinton coming out and supporting him on twitter. the former president said, well said, jimmy, that's exactly why we fought so hard for the arc ca, and why we need to protect it for kids like billy. and congratulations. how does he feel about being a rallying cry for president obama and for hillary clinton. >> i think the most important thing we want to see as pediatricians, is our patients getting excellent care, quality care, and i think we're doing that, but i think it was necessary for jimmy to put that

out there, to put a face, kind of a personal note to this topic. it's hard to shy away from the topic, when there's the photo of a beautiful newborn baby attached to the debate. >> when you look back at 2014 and what you did, were there kids who would have this happen and were not able to get the care because they didn't have insurance? >> technically in the critical care setting, we cannot deny health care. there's emergency medical care that patients can obtain. the problem comes in the outpatient world when you're trying to get tests done. so no, any baby with this kind of heart disease would have gotten surgery and life saving care. >> i really appreciate your time and congratulations to your family on the joyful outcome. >> thank you for having me. and outfront with a look at

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welcome to the unfriendly skies. here's jeany mos. >> it wasn't quite --. >> reporter: an inflight fight, the japanese on nipon airways plane was still on the ground, preparing for departure for l.a. when the man in the hawaiian shirt started attacking passengers. the man was landing some good punches, was he not? >> he had a good left, a good, solid left. >> reporter: that's when the passenger shooting the video, a professional photographer from arizona named cory hour, turned office camera and intervened. >> he was still on a rampage and i actually got up and at that point i confronted him and said

you need to get off the plane, what you' ee're doing is crazy, need to stop this. he said oh, you think i'm crazy? what about the government. >> reporter: that's when he left the plane, allegedly choking a gate agent. the airlines confirmed that a drunk passenger was arrested at the airport. add this to the collection of shocking airlines cell phone videos, join the passenger who was dragged off the united airlines plane, and then a woman who was challenged by another passenger. >> you do that to me and i'll knock you photograph. >> reporter: an american airlines executive told a congressional committee that -- >> i was going to ask, is why do you hate the american people? >> reporter: but in the case of the japanese airline, you know

who deserves a medal in this? the flight attend ants i thought. watch her get in the middle like a referee, who refuseds to flee. jeanne moos, cnn. good evening, we begin tonight with the latest in the russia white house watch. new information tonight about strong warnings giving by the then acting attorney general sally yates to the trump white house by the national security advisor mike flynn. sally yates is set to testify next week as part of the ongoing investigations into russia's meddling in the presidential election, but tonight we're learning what she will say. jim sciuto has more. >> reporter: former acting attorney general sally yates is