they included one of the cases we highlighted. they added him to the death toll. and as a matter of fact, we spoke to the family who said, since our piece aired, fema has reached out to them, even helped them with the paperwork to get them benefits now that they qualify. funeral expenses that will now be covered. >> layla stan tiago joining us from mexico city. layla, thanks very much. that's it for me, thanks very much for watching. erin burnett out front starts right now. out front next, attacking mueller, trump says he won't fire him. but is he destroying him, will it work? and the breaking news train derailment deaths. the danger of dangling train cars and extraterrestrials among

us? a man who led the classified program, let's go out front. team trump's mission to undermine mueller's probe. coming straight from the top. let's start with this slamming of the justice department and the fbi. he's called the state of the agency the worst in history. adding that it was in tatters. >> it's a shame what's happened with the fbi, we are going to rebuild the fbi it will be bigger and better than ever. when you look at what's gone on with the fbi and the justice department, people are very, very angry. >> kellyanne conway saying the investigation was tainted from the start. >> the fix is in against donald trump from the beginning.

>> jackie spears on the house intelligence committee thinks something else is going on. here she is. >> he wants to shut down these investigations and fire mueller. the president was going to make a significant speech at the end of next week. and on december 22nd, when we are out of d.c., he was going to fire robert mueller. >> that's speculation and gossip, there's no evidence at this point it's true. the president denied just last night he is giving any thought to giving mueller the boot. >> no, i'm not. >> they're out to disparage bob mueller's investigation, that may be the goal, they don't need mueller to be fired to

accomplish that, trump makes his opposition look silly and hysterical. trump, now aided by some mainstream republicans who are jumping on the bandwagon, he could end up the victor by calling the entire investigation and its conclusion into questions as politically motivated. >> lawyers for trump's transition team are charging that mueller's team obtained e-mails they shouldn't have. forcing mueller's team to issue a rare statement. when we have obtained e-mails in the course of our ongoing criminal investigation. we have -- the e-mails were on dot gov addresses which means a government domain. trump is raising questions, trying to weaken the credibility. he thinks he's going to get a letter from mueller clearing him of any involvement.

so far, there is no such letter. if it doesn't happen iing trump sources are warning of a trump meltdown. what are you learning? >> he's sympathetic to the concerns being raised. they're raising legitimate concerns because of what he believes are private e-mails. they should not be the domain of the federal government. he's seeking to change federal law to make it clear that those should not be in the hands of the federal government. those should be private e-mails, the trump team should not have gotten. right now, some sympathetic years, it was a trump team over the weekend that sent that letter to ron johnson over the weekend expressing those

concerns, but his counterpart in the first. >> i know you have new reporting about what exactly trump's thinking is on this. >> behind the scenes, we are told that president trump is expressing confidence that he may be exonerated very soon. he expects mueller to issue a letter saying that he did nothing wrong. and saying that he's essentially been cleared of this, from this investigation now. the concern among several of his advisers, this investigation is still ongoing, in fact, very significant signs that it's picking up steam. there's concern that if he's not exonerated any time soon, the president may do something rash. >> thank you.

>> now richard painter former ethics lawyer under george w. bush. julia, let me start with you. is discrediting mueller and his team right now, even better than firing him? they discredit him? >> absolutely. i think that's what they're doing about it would be messy for the trump white house. they still have the pardon powers. trump did not say no to the possibility of pardoning flynn or kushner. their strategy is what we call greasing the runway, prepping the battlefield. i know we're focused on this, in the end we don't know what mueller is going to come up with. if it's clear evidence of collusion or something close to collusion, all of this stuff, i

believe is not going to matter, right? because eventually you're going to have the e-mails, the lies, whatever. so this is a way for the trump team i think is a little panicked about what mueller has, trying to create enough exhaustion is what i would call it to make us not care what mueller comes up with. >> trump has to raise questions, right? among those who are mainstream or in the middle. on some level he seems to be doing that. john cornyn, number two gop senator is saying he has doubts about mueller, when before, no one was saying any such thing. >> he needs to make sure he vets that team, i have confidence in director mueller, i would think he would be concerned about the appearance of conflicts of interest that would undermine the integrity of the investigation. >> confidence, but raising that shred of doubt. >> i think it's very clear that

president trump and his minions are following a two track strategy. the president tries to stay above things, i'm exonerated. i'm not going to fire mueller. they have the second track, if things do go to hell for him, if he gets nailed by mueller, they can discredit it. i don't think they'll bring the public fully over to their side, they understand that, if they can sow enough doubt, they can perhaps get 40% of the public to think it was tainted from the beginning. i think it's working better than we would have imagined so far, in the sense of creating doubt. i do think that this e-mail controversy is very political. it's not legal. if -- >> on the texts. >> the e-mail -- >> the e-mails that mueller has these e-mails, first of all he went to the gsa, he did

everything right, the right way, if you have any blame it ought to be the gsa, not the person doing the law enforcement investigation. beyond that, you know, if you've got these kind of complaints, there's something called the courts. that's where you go to resolve these. even trey dowdy said you have to go to the courts. >> that's not where they went. they went to congress with this letter. >> they went to congress because they want to attack bob mueller and get as many members of congress as they can to attack bob mueller, i don't think we're out of the woods on the potential for the president to fire bob mueller, we now have congress going home over the holidays, if bob mueller is fired we need the house and senate judiciary committees to be convening immediately. they've also taken out of the action, probably the most articulate member of the senate

judiciary committee al franken, we have no idea who's going to be replacing him on that committee, and allegations that had roger stone and fox's fingerprints all over them. this is a big mess. i think the next two weeks it's going to be critically important to watch out and make sure bob mueller isn't left in washington, d.c., alone with donald trump, that's not a good situation. >> here's the thing to david's point. they're saying these e-mails were obtained unlawfully, right? they sent this letter to congress. i want to play again what trump is saying about the e-mails. in a sense he said he was going to fire mueller. >> not looking good, it's not looking good, it's quite sad to see that, my people are very upset about it, i can't imagine there's anything on them, frankly. as we said, there's no collusion. no collusion whatsoever. but a lot of lawyers thought

that was pretty sad. >> lawyers. lawyers for his transition team about mueller's team had to push back saying they didn't do anything wrong. what matters more? mueller's in the right or he was forced to issue a statement, as if he had maybe done something wrong? >> i think the statement was important, i think it did shut down the legal argument, as david gergen just said. no one believes there was a strong legal argument. i served on a transition, the idea that my ptt.gov e-mail was mine is somewhat ridiculous. taking a step back, why is this happening, it's because jared kushner and other witnesses spoke to mueller and spoke to the committees, not knowing that mueller had these 20 or 30 e-mails. to me, i understand sort of all this noise and why they're doing it, but i also believe that that

noise is animated by considerable fear that members of the trump family, a son or a son in law and others are in big trouble. if we just keep our focus on that and mueller comes up with a case, and it doesn't implicate trump but others, that is where the focus will be at this moment. it's important and noisy, in the end, as long as the -- this suggests to me that the white house is much more panicked than not panicked. about what they think mueller has. >> panicked, but very clever. >> it's clever. i thought one straw in the wind was that kushner's legal team has gone out and hired a pr firm that specializes in crisis communications. why would he want such a team if you don't expect a crisis to be just over the horizon. >> i think they're moving at that rate, i would suggest if

trump is not going after mueller, and let them reign in mueller. >> i'm very worried about him because it's congress's job to hold president trump accountable. he can fire his attorney general and put someone else in there who's going to fire robert mueller, just what president nixon did in the saturday night massacre. we have al franken sidelined, which i think is a travesty, we have our real mess on our hands. i would not say robert mueller is out of the woods at this point in time. president trump says he's not going to fire robert mueller. president trump says a lot of things and i think people stop listening to kellyanne conway

months ago. >> trump says russia is a rival. why was he on two calls with putin in the last few days. bob corker richer, much richer. he didn't read the bill, he only read a two-page summary. is this a ufo? the pentagon's top secret program looking at exactly this question, exposed tonight. the intel fence official who led this effort is out front tonight. is the strong way to start your day. pop that in there. hit strong. press brew. that's it. strong. bold. rich. i feel like you're toying with me. show me how strong you are. (screams) lift me up! dan! lift me up!

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new tonight, president trump slamming russia and china as american rivals in a speech. here's the president. >> we also face rival powers, russia and china, that seek to challenge american influence values and wealth. we will attempt to build a great partnership with those and other countries. but in a manner that always protects our national interest. >> but his actions are far friendlier at least when it comes to vladimir putin. james clapper is out front, the former director of national intelligence under president obama. director clapper, great to have you with me. twice in four days, how unusual is that? >> it's pretty unusual for any head of state engagement,

particularly when it's with the head of state of russia, this very solicitous tie log that's gone on here, i think in stark contrast against the backdrop of the profound existential threat that russia holds with this count. i would expect that would have gott gotten more prominent billing than it has. the manner in which the president's conducting business with russia. >> i want to ask you about what he said, versus what's in the plan. the president also spoke specifically about a terror plot that the cia called st. petersburg and warned them. >> i got a call from president

putin thanking our caa for information on a major attack in st. petersburg, could have been killed. >> they were able to apprehend these terrorists before the event. >>s what your reaction, director, the fact that the president said this publicly? he goes out and said the caa shared intelligence with russia. >> it's normally not done. >> this is something we the u.s. intelligence community is long done, if it's a life threatening intelligence that has bearing on people's lives are at stake, we've shared that with friend and foe alike. we have a moral obligation as a duty to warn. what's unusual, is it would be

made public like this, normally that kind of thing stays below the radar, and the other comment i would make that at least in my experience in trying to deal with the russians, information doctor -- or intelligence sharing is a one way street. we share with them, there's not a track record of getting much back from them. >> when you talk about the speech and what was written. the actual text of trump's national security plan is dink on paper than what he said. national actors such as russia are using information tools in an attempt to undermine the legitimacy of democracy. that's what he said, i know many could say he could be stronger than that. what means more, what he says on paper or what didn't come out of his mouth? >> what matters is what does come out of his mouth, and that didn't. one tool or one enabler that the

russians have employed against us and our allies, what i would have liked to have heard more about is recognition of the profound threat russia poses for us. the fact that they're in abject violation of the inf treaty. nuclear force agreement. i would like to have heard about that, a more realistic depiction reflecting an understanding of the threat that russia poses. i get it on -- whenever our interests converge as they do on terrorism, we should work with them. i feel more comfortable if that were underpinning of that were recognition of the threat that russia really poses to us. >> dr. clapper thank you as

always for your time. the provision added to the tax bill that could be a multimillion dollar windfall for the president. the breaking news we are live on the scene tonight of the deadly train derailment, rescue efforts are touch and go, some railcars are teetering on the edge. ♪ a wealth of information. a wealth of perspective. ♪ a wealth of opportunities.

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new tonight, a tweak in the tax bill could be a major windfall for president trump and a crucial republican who turned from a no to a yes. all but ensuring the bill passes. the provision allows people to make money off of renting or leasing real estate to take advantage of a 20% tax deduction, that's how corker and trump make millions of dollars. >> now, corker was a no vote, he said this changes not why he flipped to yes, he said he

didn't know about the change. why is he supporting the bill, he said deficits were the reason he was voting no in the first place. >> the other big winner is president trump. building down on wall street $17.4 million. former chairman of the council of advisers. let's talk about bob corker, how can he vote for a bill when it not only clearly benefits him. fine, didn't know about, but now he does. it adds to the deficit, which is why he couldn't support it. >> no. i talked to corker two days before he voted against the first bill in the senate.

he hoped to have a trigger. when i talked to them on wednesday for half an hour, he was for the bill, he agreed there would be a 1$1.5 trillion in revenues. he thought growth would cover that, he thought maybe we should have a trigger to enforce it. he couldn't come back because the parliamentarian -- not the senate, said you couldn't do that. he was never objective to the 1.5 trillion, and this whole decision we're having is a tiny piece. he was always a yes on this tax bill, he wrote the 1.5, that was his number that toomey and other republicans negotiated with him. this idea that he flip-flopped is fundamentally wrong. this was liz idea house version

rather than the senate version doesn't change any of the deficit. >> everything you're saying is true? >> yes. >> i'm not saying it is, but i'm saying, let's take it that way. >> this is 150u78ing the taxes get taken away for individuals in eight years. that's not going to happen, this whole 1 $1/2 trillion is a load of bs. i'm sorry to call it that, but you know it. >> the american people know perfectly well what this bill is, that's why only 26% of america approves of this bill, this is the roy morph tax plans, this is a sham wrapped inside of a travesty inside of an enigma, we're finding each day, a new easter egg, we found this one, it turns out the president of the united states stands to personally benefit millions. we're going to find a series more of them, such as the president promising that hedge

fund -- the heads of hedge funds would lose their carried interest deduction. we just found out they don't lose their carried interest deduction. it's a tax cut for high income people. and for millions of people, an increase on taxes in the middle class. >> a lot of people are going to be paying more across this country. grover, the issue is here also, what about this -- average family of four $170 a month, that's how much they're going to save according to gop estimates. how is that going to transform the economy? >> two things, i hate to break up the party, i'm looking at the joint tax committee which is the official bureaucratic group which does all these ratings, you look at who gets the biggest

tax cuts, people earning between 20,000 and $50,000 a year. more as a percentage of their tax payments than the other groups. the idea the guys are getting a bigger tax cut than other people, 13, 11, 10, for people in the 20 to 50,000 range. they get a larger tax cut percentage of what they pay. the idea that lower and middle income people are not going to benefit, the problem they have is between the 2018 election, they're going to see in their paycheck and 401(k)s, their assets are going up, their pay stubs will tell them they have a pay increase -- >> 2/3 of americans do not have a 401(k). this is geared toward very high income people, we're going to

raise it over $20 million. we're going to preserve the tax breaks for private jet owners. this writes into the law, let's get rid of them by the end of the bill. so millions of people are paying more by the end of this bill, that's why 26% of america supports it. it's the least popular thing in decades. >> you're going to have -- >> one second. >> they have to admit that the focus of this bill is to give tax cut to corporations which will raise 401(k)s and stocks. what you see in your taxes is real money. what you see in your 401(k) is not real money. i don't know anyone who treats it like real money. 401(k)s, defined contributions.

every cop, fireman and teacher has their money saved in the real livestock market inside their pension plan. you may not care about those, but they care about them. >> let's give them a tax cut rather than to the big corporations and try to juice the stock market to flow down to them. you own shares of stock, you're looking at a couple things, we take the standard deduction from $12,000 up to $24,000. you can tell people who make 24, $25,000 -- >> you eliminate the single exemption. it's not a double. >> it's doubling from is it to 24. that's the standard deduction. >> this is exactly the example of what i'm talking about. >> add to that the 6.6 million americans you don't want to talk about.

the ones who are hit in 2015. because they didn't want to buy obamacare. $700. $2400. they paid the 6.6 million americans are directly screwed. they pay a tax and get nothing, nothing, nothing for it. that ends with this law. you don't like to talk about that. 6.6 americans are going to notice they're not getting screwed by the government 80% of people earn less than $50,000 a year. this bill has been written over the last five years. all of the pieces of this have been looked at, scored by joint tax, scored by cbo. how do you deal with subchapter s corporations.

>> the reason it's epically unpopular, is because people have seen what's in it. that's all i'll say. >> thank you both very much. >> they'll know what's in it, and that's why you're wrong. >> deficit numbers are all bogus. it is pretty incredible. a country where republicans say they're so obsessed with a deficit, they're willing to add a trillion and a half dollars to it. >> we're obsessed with dwroej. you're obsessed with the deficit. >> it's been the single biggest thing when democrats were in power. breaking news, we are live on the scene of that deadly train derailment in washington state. the secret pentagon program is a secret no more. and the man who headed that effort to find them is out front.

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13 of the trains -- 14 cars jumped off the tracks, many falling from an overpass on to the interstate below. i'll play part of the frantic call right after the derailment. >> what happened? >> we were coming around the corner to take the bridge over i-5 there. and we went on the ground. >> is everyone okay? >> i'm still figuring that out, we have cars everywhere, and down on to the highway. >> they do sound remarkably calm considering the horror they were going through at the time. >> what are you learning? this is a true catastrophe. >> the investigation is still in its earlier hours. as of right now, investigators haven't shared any areas they're focusing on. the speed the train was going at is going to be examined as part of the investigation. theyen the released the preliminary facts about how fast

the train was going when it derailed. >> you got close to the scene and i know it is horrific. >> it's really awful. the train cars are hanging off either side of i-5 here. state and local officials setting the blaze on scene, and staging the equipment. it's right over one of the busiest highways in the country. for all of this, thirst for details. there are few concrete details sur rounding this investigation at this point. ntsb usually takes months or years to determine how an accident like this unfolded. >> the train accident that just occurred in dupont washington, shows why than ever our soon to be infrastructure plan must be

submitted quickly. not for long. of course, people died in this crash. the president was immediately slammed for his lack of empathy and his tone. he responded ten minutes later with another tweet. my thoughts and prayers are with everyone in the train wreck in washington. chris, that was a typical trump response he comes out with his gut and how he wants this to impact his agenda, then realizes that wasn't the right way to come out of the gate. >> a lot of people say, media takes things out of context. the context does not work in donald trump's favor. >> remember after the orlando pulse nightclub shooting, he said, many people are congratulating me on predicting a terrorist attack.

a man running in new york city, his first instinct is to say, i was right. >> amtrak, building new amtrak tracks. a 13% cut in transportation spending, the washington post says a more than $500 billion reduction. >> yeah, remember the budget is something of a zero sub game, he's adding heavily on defense spending, it has to come from places, like education and transportation. we're streamlining programs that don't matter. okay, but it is difficult if the president comes out and says, we must do this thing, that's the reason crashes like this happen when you have those cuts. when you are the president of the united states reacting, it's important to know, this tweet, the first one is at 1:41 p.m.

there's a lot we still don't know, but back then way more. that's what he reacts to, it's telling, and it's not the first time he's done it. this is what he does in situations like this. >> chris, thanks very much. i'm sorry about my eye, it literally happened right before the show. i know viewers noticed it. >> anyone who hasn't had an issue like that, i cast the first stone. >> sometimes things happen too quickly to respond do them. thanks to you. tens of millions of dollars spent on investigating ufo's. the man heading the top secret government program is going to tell you all about it. a late breaking update on this trump judicial nominee. >> have you ever tried a jury trial? >> i have not. >> civil? >> no. >> criminal? >> no. . wake up to keurig. wakey! wakey! rise and shine! oh my gosh! how are you? well watch this. i pop that in there.

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money. this was taken by u.s. navy fighter jet and it's an unknown object about the size of a commercial jet hovering about 50 feet above the water. the object peeled away like nothing he's ever seen. "outfront" right now, louis, thank you for your time tonight. tell us what the purpose of the program was and why it was so secretive. >> the purpose was really designed to do just that, identify those things that we see, whether we see them with radar, we see them as eyewitness reports through a myriad of different ways and avenues that

we receive the information. and try to ascertain and determine if that information is a potential threat to national security, in a nutshell. >> so what did you find? >> well, we found a lot. i think it's probably been a little mischaracter risized in social media and what you put out because a lot of times we don't have the information and we tend to fill in those gaps about what we think is logical. and there's still, by the way, a lot we really don't know. i think what's important is that we have identified some very, very interesting anomalies type of aircraft, things that don't have any obvious flight surfaces or forms of propulsion and maneuvering in ways that include extreme maneuverability

hypersonic velocities, low observe and lift, and so. >> do you think that was a ufo? i don't know what other word to use. >> sure, that's a great question, keeping in mind it's not just the pilot's testimony. sure. when someone comes to you in charge of a multimillion dollar weapons program who is paid by this country to go fight wars and to fly over cities with live munitions, and by the way, they are trained observers with millions of dollars invested in their train, i'll submit to you it's very compelling but it's not just the eyewitness testimony. it's actual data and radar

returns and it's also people like radar operators and air traffic controllers so i think the discussion should be broader than that. people are focusing just on two videos coming from a set of f-18s. >> recently in october astronomers said they spotted their first interstellar asteroid from beyond the solar system. what do you see when you look at that? >> well, you know, i have to admit to you when i ran this program, i was looking at two things. what is it and how does it work? we have deliberately stayed away from going down the rabbit hole of who is behind the wheel and what are their intentions because a lot of people have a lot of feelings about that.

and i wanted to inform senior dod leaderships and the threats that this poses to national security, especially over a controlled air space that we might have. so i'm not trying to be evasive or vague with your answer, but i think there's a lot of possibilities. >> do you believe life from somewhere else, while you ran this program, came here, visited, observed? >> i will tell you unequivocally that through the observations, scientific methodologies that were looked at this phenomena, these aircraft, we'll call them aircraft, are displaying characteristics not currently within the u.s. inventory, nor in any foreign inventory that we are aware of.

>> so the an is yes? >> i'm no in the u.s. government anymore. my personal belief is there is very compelling evidence that we may not be alone. whatever that means. >> all right. luis, i appreciate your time. >> thank you so much. >> your eye doesn't look too bad. >> it does. but thank you. >> yes, ma'am. and next, an update on the trump judicial nominee heard around the world. >> have you ever argued a motion in state court? >> i have not. >> have you ever argued a motion in federal court? >> no.

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new tonight, an update to a story we first brought you last week. matthew peter ssen has withdraw his nomination after his lack of experience went viral. remember this? >> have you ever tried a jury trial? >> i have not. >> civil? >> no. >> criminal? >> no. >> bench? >> no. >> state or federal court? >> i have not. >> well, that was republican senator john kennedy. he made it clear he believed petersen was unqualified for the job. >> you can't just walk into a federal courthouse for the very first time and say, here i am, i think i'm going to be a judge. it just doesn't work that way, especially not the d.c. circuit.

>> senator kennedy revealed he spoke to president trump on friday, suggesting he withdraw the nomination. petersen, currently an fcc commissioner, withdrew himself today. he hoped that his two decades of service was better than two minutes. good evening. i'm john berman in for anderson. we begin with tragedy in washington state. a deadly train derailment near the stcity of dupont has killedt least three people and sent dozens to the hospital. 13 of the 14 cars jumped the tracks. the ntsb is sending a 20-member team to investigate as we speak. joining me now by front is brook brovo with the washington state patrol. what can you tell us about the search for people who still