i'm brianna keilar, thank you so much for watching. erin burnett outfront begins right now. outfront next breaking news, president asks rod rosenstein the man in charge of the russia investigation if he's on his team. plus the clock is ticking on the president, will he release the nunes memo against the wishes of his own fbi director. fbi slammed for text messages that showed anti-trump bias, cnn played a major role opening the clinton investigation days before the election. let's go outfront. good evening i'm erin burnett outfront. wray telling the president not to release the republican memo alleging abuse at the highest levels of the fbi.

abuse of surveillance during the trump campaign. wray warning, and i quote, we have grave concerns about material missions of fact that fundamentally impact the memo accuracy. this coming hours after the president said he will 100% release the controversial gop memo. >> release the memo? >> 100%. >> can you imagine? zbll and the president chief of staff john kelly earlier today said the memo's release is a fada complete. >> i'll let the experts decide that when its released but this president, again, so unique, brian, that he wants everything out, so the american people can make up their own minds. >> president trump let's keep in mind is three days to make up his mind formally to stop the partisan memo release or handpicked director, as you heard, chief of staff, make it clear, seems he's likely to do,

to be clear, the gop memo we are talking about is three and a half pages, highly partisan summary written by one of president trump's topollies, in congress. after all, a rival democratic memo reaches a different conclusion. nunes 3 and a half pages is based on extensive background material that few people have scene, including devon nunes himself, the guy who puts his name on the summary, never saw the material upon which it is based. as for fbi it has been fighting the release of the gop memo and of all that classified information the memo cherry picks from in its attempt to discredit the mueller investigation. and when it comes to that background material, crucial background material, both democrats and republicans have taken the fbi's side. >> the president can declassify it. my counsel to him is don't do it. do nothing to jeopardize sources and methods.

>> so if they were to declassify the source documents you would be fine with it? >> i don't think i'd be fine. leave that up to the cia. >> now more breaking news this hour, cnn is learning that deputy attorney general rod rosenstein in charge of mule tear russia investigation, met with the president and begged him to stop. house intel devon nunes from demanding all that back material material that turned into this memo. in that meeting that trump asked rod rosenstein if he was, quote, 0en my team. that meeting between trump and deputy attorney general is crucial. evan perez is breaking that story tonight. to the background material, this crucial background material upon which it is based, what are you learning about the context of this question when the president said are you on my team? >> well, the context of this, erin is the deputy attorney general rod rosenstein went to the white house in december seeking the president's help to block the document demands from the house intelligence chairman,

devon nunes. sources familiar with the meeting had the president had other things on his mind upcoming testimony on house committee. the president asked rod rosenstein where he thought the investigation between the links between russians and his campaign was headed, and he went on to ask whether rod rosenstein was quote on my team. now, the exchange could raise questions as to whether president trump was looking to interfere with that mueller investigation, which is looking of course into potentially legal coordination by the trump campaign, and obstruction of justice by this white house, erin. >> so, evan, obviously we know the former fbi director comey testified to congress that the president asked him for a loyalty pledge, is how he talked about it. >> right. >> did rod rosenstein think this was a similar question? i mean, are you on my team? >> right. it's not clear. but we are told that rod rosenstein definitely appeared surprised by the president's questions. he didn't provide any details on the direction of the russia investigation. and he responded sort of

awkwardly to the president's team request. he said, quote, of course we are all on your team, mr. president. now during the house hearing shortly after the white house meeting that we are talking about, rod rosenstein was asked by lawmakers about loyalty pledges. listen to what he had to say. >> is it ever appropriate for the president of the united states to demand department of justice official or fbi director take a loyalty pledge? >> i don't have any opinion about that, congressman, no one has asked me to take a loyalty pledge other than the oath of office. >> and we know from also at that hearing, rod rosenstein was asked about whether or not there was any indication of when he had this loyalty pledge, whether that conflicted with his oath of office. he said he did not see that. by the way, we reached out to the white house and the justice department, both of them had declined to comment so far. >> so obviously this is all important, evan, and your reporting is also showing that

the president did seem very focused on that december hearing that rod rosenstein where he was asked about whether he had been asked for a loyalty pledge. why was the president so focused on the hearing? >> right. that's right. the president brought up the upcoming hearing during the white house meeting. trump went so far as to suggest questions to members of congress could ask him. one line of inquiry trump was asking lawmakers to ask whether rod rosenstein appointed mueller as special counsel to investigate this russian meddling in the 2016 election because mueller was not chosen as fbi director. remember he interviewed for the job. doesn't appear by the way erin that the questions president were not asked. >> important not asking that, but requesting is significant. thank you so much. and evan reporting, the very reason rod rosenstein was at the

white house was to get the president to help him to fight off demands from devon nunes from that classified information that nunes team ended up using to write the memo. it is that memo that is causing potential war between the white house and fbi which has become highly public. jim sciutto outfront in washington. this is stunning public nature of this white house and the fbi right now on opposite sides. >> no question. and let's take for a moment out the republican and democrat views of this. clearly, will is divide on that. but this is about agency, the bureau versus the white house on this, and mind you an agency run by christopher wray chosen by the president to replace james comey. the fbi saying this document not it shouldn't be released because it's classified, it says it's flat out inaccurate. right. and it's not alone in that. the department of justice which

oversees the federal bureau of investigation, also run by a trump appointee, jeff sessions mind you, sent a letter to nunes saying it sees no evidence of abuse of the fisa warrant powers. in addition to that, i spoke to current and former u.s. intelligence officials who believe that releasing this memo does pose a risk to classified information because it reveals how these surveillance decisions are made. so three people telling the president not to release this memo. >> okay. obviously crucial. thanks very much. and now with the breaking news, go to chris coons. senator, i appreciate your time. your committee oversees the department of justice which means you oversee rod rosenstein. do you have a problem if he was asked by president trump whether if he's quote on his team? >> absolutely. this is just another example of president trump failing to understand and failing to respect long standing norms. the department of justice is not

on any president's team. the department of justice is charged with defending the constitution and enforcing the law. so their role in our society is ensuring that no one is above the law. and that means staying away from very complicated and politically fraught conversations like this where the president inappropriately, immorally, and in fact perhaps illegally, pressed rod rosenstein whether he is on his team or not. this is exactly the sort of thing that special counsel robert mueller would be looking for in an investigation into potential obstruction of justice. >> former fbi commey said he asked him for loyalty. but is this okay? the reason i ask you that senator, when then attorney general holder asked if he was planning on leaving the obama administration, and i quote, i'm still enjoying what i'm doing. still work to be done. i'm still the president's wing man so i'm there with my boy.

wing man, there with my boy. i mean, isn't that a loyalty pledge? >> you raise a good point, erin, those are expressions by the former attorney general that suggests a closeness, partnership. but we are in a very different context here now. rod rosenstein is supervising special counsel robert mueller who is leading an investigation into the 2016 election and whether or not there was collusion with the russians and there has been obstruction of justice since. in that context, given the previous conversation with fired fbi director jim comey where the president famously asked him for his loyalty, a conversation today just last month with rod rosenstein in the white house by the president asking if he's on his team has perhaps a very different context and meaning than a voluntary public conversation by attorney general holder saying i'm enjoying working with the president, i'm his wing man. >> but you are saying it's different because this president is being investigated, that's

the line, the context you are talking about? >> at least, yes. >> okay. we are reporting that rod rosenstein appeared surprised when the president asked if he's on his team but responded to the question by saying, quote, of course we are all on your team, mr. president. in his testimony to congress just after that meeting, rod rosenstein was asked directly about whether the president asked for his loyalty, right n the context of comey they asked this meeting had happened, rod rosenstein had replied of course we are all on your team. and here's how the exchange then played out in congress. >> is it ever appropriate for the president of the united states to demand that department of justice official or fbi director take a loyalty pledge? >> i don't have any opinion about that, congressman, no one has asked me to take a loyalty pledge other than the oath of office. >> so either he didn't think that that was a loyalty pledge, or he misled the committee. >> i believe the former, that rod rosenstein chose to say, well, that wasn't a loyalty

pledge. and it may be that he understood the question from congressman jeffries to be prior to being hired. since, remember, one of the things that's been a problem here is suggestions that the president asked for example andrew mccabe when interviewing him to the fbi director for whom he had voted in 2016. so i would give rod rosenstein the benefit of the doubt in this case. >> okay. so you are not worried about that. the fbi has said when it comes to this memo they don't want it out, gop, nunes memo, because it admits facts and inaccurate. now i've spoken to a democrat and republican who have seen the memo and background material upon which it is based. they agree that that background material should not be released. obviously do not agree on the nunes memo and whether it's accurate. my question to you, senator, do you think it's possible the fbi does not want this memo or source material out because there was a mistake made at the highest levels in the fbi in the

fisa process and russia investigation? >> that's certainly possible. part of vigorous oversight by congress in committees is to assume it's possible that law enforcement and the intelligence committee can make mistakes, do make mistakes, that's partly why we have a structure where the house and senate intelligence committees have access to very wide range of sensitive classified materials. but i'll remind you what is so unprecedented here. another norm being violated. in 40 years obscure committee rule that allows for a partisan report like this deaf nonnunvon be released over the congress, party vote, this hasn't happened in decades, and it suggests what they are more interested in is scoring a partisan objective of under mining the fbi and doj and robert mueller investigation rather than revealing some mistake by the fbi. >> look, i understand and i know

they clearherry picked the data makes robert mueller investigation look bad. how do we get to the bottom of it? they are not functioning and no one is allowed to see that. who the heck is supposed to tell the american people something did happen at fbi? >> we have house and senate intelligence committees review and often criticize the actions of law enforcement intelligence committee. >> it's clearly not working. >> erin, but they don't do it in a matter of a few days. taking that material and making it it public to the whole country. and by refusing to release balancing material that was kraftded by the other side of the committee. this is unpress dernted. and i'll remind you these two are connected. because i think this is part of an orchestrated effort not just by nun knees but others to undermine the investigation of

special counsel robert mueller. >> senator coons, thank you very much, i appreciate your time tonight. >> thank you. and next the president has three days to stop the controversial nunes memo from being released to the public. so what's going on behind the scenes at the white house tonight? plus breaking news ha bombshell about peter strzok, you know that was out to get trump. wait until you hear what he is responsible for. perhaps president trump should be thank youiing him. and we saw what was in the blue box, robins egg blue from melania trump to michelle. [man] woah. ugh, i don't have my wallet, so - [girl 1] perfect! you can send a digital payment. [man] uhh, i don't have one of those payment apps. [girl 2] perfect! you have a us-based bank account, right?

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say when but said 100%. and that set the stage for ultimate release of this memo. even though white house advisers throughout the day saying it is being reviewed. in the words of john kelly lawyers are slicing and dicing it. but now the timing is sometime tomorrow. likely be released tomorrow. document of the house of representatives. so don't look for any big a flou announcement at the white house, but lower house. but the president will be tomorrow with all the republicans in the house and senate at the greenbrier resort in west virginia. devon nunes will also be there. but time is running out in the sense five days to release this. so of course tomorrow is day four. so look for this tomorrow. but also look for potential redactions to this. we have been here all day long

the white house could acquiesce to some fbi demands and change some parts of this or black out some parts of the more classified parts. that's why this is taking longer than they thought. but again, any point tomorrow it's still going to exacerbate the fbi white house tensions here. this is pretty extraordinarily. this is the president's own fbi director. he appointed him. and he said he had grave concerns about it. tomorrow we believe the president will release it anyway. erin. >> thank you very much jeff zeleny. out front now white house counsel and columnist phil mudd. phil you've worked at the fbi. you heard jeff zeleny. fbi headed by the president's own director has come out and said these are grave concerns that fundamentally impact the memo's accuracy. ko cou couldn't be more dire yet the

president will go ahead. is there any chance he listens to his own fbi director and changes his mind? >> this is not about fbi redacts this. this is an administration says their executive branch is deep state trying to oust the president. we saw this when he say the deep state national security adviser susan rice to unmask things about citizens inappropriate. they say that is not correct. now we are saying deep state is incorrectly connecting information about this investigation. this is larger than the memo suggests we'll reveal national security. i don't think we will. this is about unique experience when a republican president and congressman tell us that republican department of justice and republican fbi are actually representative of the deep state. it's us versus them and the president has said if you don't

believe in me, you are off the team. >> and kirsten, this issue of the team, just to make the point, president trump picked christoph christopher wray his fbi director. he was not involved as memo tries to cherry pick there was abuses at the highest levels of the fbi. but wray is coming out and saying this memo is inaccurate. this memo is not okay. and poses grave consequences for national security. >> yeah. >> does that impact how people should view this? >> well, i think so. look, he chose him. and he also went out of his way and white house to really set him a side and say basically christopher wray is honorable man other like other people in fbi political and out to get the president. so they established he's credible in their eyes so why are they ignoring his opinion. and we all know best case scenario, i don't think anybody

is denying, any republican would disagree with this, it's all based on underlying information we won't be able to access, and most people haven't seen. >> right. including, i have to say this again, devon nunes who signed his name to the memo. you can trust your staff, if you haven't read it yourself to put your name on it to me as a citizen seems shocking. john dean, republicans have claimed by the way in terms of why they are doing this and the motive, that it has nothing to do with robert mueller's investigation. democrats obviouslily seen this extremely different. so i want to play for you paul ryan and brian schiff. >> this is completely separate from robert mueller investigation. and the investigation should it be allowed to take its course. >> this is not about the fact. this is about narrative that the chairman wants to put out, misleading narrative to undermine the fbi and department and ultimately undermine robert

mueller. >> is this about robert mueller? >> it raises issues with the effort to get a fisa warrant. and misuse or has politically tinged information to get the warrant. i think the whole thing is a sham. these warrants, from everything i've read about them over the years, have 40, 50 pages for the judge to read. it's not based on one document. it's based on multiple documents. it's often based on sworn testimony before the judge. so the other thing is what you are saying if this process is wrong, it's the court that needs to correct it, not the house of representatives by releasing a document to the public that won't understand it and can do nothing about it. it should be the judge who has been mislead somehow. and that can be done privately with communications with the court. not to release public document. so this is just a pure political act. >> which of course is what makes

it so problematic on an investigation that needs to be seen as credible and fair by all americans. phil, you know there is a big question here too about whether devon nunes coordinated with the white house which would completely change this whole thing, if that's possible. but it would make it much worse. during the house intelligence committee, where the members voted on release the nunes memo. congressman quigley pushed him whether he had talked to the white house. this is crucial question. i wanted to play this exchange according to a transcript. sorry. let me read it. congressman quigley says was any of this done, after, during conversations or consultations with anyone in the white house, referring to the memo. nunes, i would just answer, as far as i know, no. now of course nunes himself didn't write the memo. his staff did. because he didn't read the background information. so when he was pushed about whether any of his staff consulted with the white house, nunes responds, the chair is not

going to entertain a question by another member. sarah sanders also didn't directly deny there was coordination. do you think there was? >> give me a break. i'm going to break the camera in a moment, erin. have you ever worked at washington d.c.? i worked there. in the mid of the highest profile investigation political corruption we have seen since the 1970s in the midst of a precedents of cooperation between the congress including deaf nonnunes and the white house, do you think it was a secret that congressional officials were preparing a memo of this import and nobody knew at the white house? you got to be kidding me. i'm going to tell you the moon is made of green cheese. i'm not saying there is cooperation or collusion. i'm saying in that small town of washington d.c. that to suggest that nobody at the white house knew the congressional staffers were discussing a memo of this import, that's ridiculous.

it's not about whether devon nunes coordinated, and to tell me they didn't is stupid. >> kirsten. >> clear enough. >> it would be hard to think it didn't happen. but it would be hard to know if he was coordinated which is different than sharing the information. i this i the question was more to the point even working with them on this, because based on nunes' background with the white house and sort of set himself up as somebody who is a lacky for the white house, i think it's a fair question. >>en of could yours we should note for all of our viewers because it's easy to forget he's supposedly recused from being part of the russia investigation for the house which, you know, you would be forgiven for not realizing given his name is it on the memo alleging abuse in the russian investigation by the fbi. thank you all three. next russia probe may not be anti-trump. new information about the fbi agent peter strzok and his role in the clinton email

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breaking news, a stunning

development peter strzok a man demoted after sending text messages to fbi employee and removed when they found that out. president pounce ds on accusing him of being politically biased against trump. we have now learned something pretty significant. strzok played a major role opening clinton investigation which we now know is days before the election. clinton blames for loss in election. and even others on the side of the aisle is important factor. manu raju is out front in washington. what are you learning tonight? >> reporter: show the fbi peter strzok played a major role days before the 2016 elections. that was the letter to congress by james comey announcing the bureau was investigating newly discovered clinton emails. now on october 27, 2016, strozo

cowrote the first draft that was sent to congress the next day. now also separately source familiar with strzok said he supported reopening the clinton investigation. once those emails surfaced on the laptop of the disgraced former congressman whiner. this is significant because he has come under enormous criticism that he exchanged with fbi lisa page who he was having extramarital a fair. and those messages are under investigation in congress and by the department of congress inspector general. trump even suggested they committed treason. and we saw also they may have had reservations going public two days before the election when comey announced separately flg to the emails. but all these documents are painting much more complex picture of strzok as republicans have used his text criticizing

trump to try to claim the russian investigation is taint zbld to make sure i understand, you are saying he wrote the first draft of the letter which would reopen the investigation, he didn't do it under duress, supported it. but when it came to two days lf the election when comey said nothing in the emails, he didn't support comey doing that. so would he have left it open? >> yes, he harbored some private reservations but working with the team to reopen this investigation. and he made it very clear he supported that even writing that first draft that announced that on october 28th that they were looking into the clinton emails. >> manu, thank you so much. this is significant report. joan walsh nation es national affairs correspondent is out front along with steve cortez. joan, for weeks, republicans, president have seized on strzok messages, saying he did not like trump. and said this was tantamount to treason, at least the president

did. but now he is the guy who wanted to reopen the investigation and would have left the chad hanging out there. >> a couple of things. this does vindicate strzok. fbi have political opinions. there are lots of people in the bureau trump fans. strzok unfortunately had his text revealed that he wasn't a trump fan. he was doing his job separating feelings of trump from the fact of the matter that came before him. so he supports opening the investigation. he writes the letter justifying t i want to clarify something though. because i think that what he opposed was the initial decision to go public. comey decision to go public on the 27th or the 28th of october. i think that's the decision that he opposed. maybe somebody can correct me if i'm wrong. but i think he was saying we have to proceed with this investigation but because we

don't yet. >> and sends alert to congress. >> but not go public with it. but i mean once you send alert you've gone public. >> that's true. but, steve, does this change the narrative here? let me just play the narrative. because we all know it. but let's play it. here's what republicans have said about what peter strzok personal text messages meant about his professional behavior. >> i believe that mr. strzok was a political hack. >> that is a level of bias that is stunning among law enforcement officers. >> this is not a distraction. again, this is bias potential corruption at the highest levels of the fbi. >> individual part of that process has already been shown to be extremely bias against the president. and was involved in what seems to be some very inappropriate behavior. >> certainly that narrative changes a bit tonight. doesn't it, steve? >> you know, erin, maybe a bit.

but doesn't mean it changes entirely. look, somebody can be bias but doesn't mean they are utterly evil. he can at times do the right thing. by the way, before we canonize him for this decision, fbi learned that anthony whiner, an absolute creek, a child sex predator, someone who is now in prison and belongs there, had highly classified information on his laptop. for peter strzok to know that and to then ignore that and not say this is worth investigating, how did hillary's emails end up on that laptop? >> but he did saying we should reopen the investigation, he did say it was worthy. >> for him to ignore that would be criminal, certainly evil. so let's not canonize him because we have to look at. >> there was no classified information. it was not classified. and they were duplicates of

emails that the fbi had already seen. >> that's wrong. >> it was stuff stupidly transferred to home computer. >> that's wrongme. and on top of that he didn't want to go public. so the idea this is ex-cul pa tor ex-cul pa tory he didn't want the american people to know. >> rod rosenstein, when rod rosenstein wrote his memo justifying donald trump's decision to fire jim comey, he called out comey for the act of going forward and making those new emails which turned out not to be new, public. he said it was against the department regulations. it should not have been done so close to the election. they had no knowledge. they knew they were helms but didn't know if they were duplicates or already examined them which they had. rod rosenstein actually defends

the point of view of peter strzok. >> i'll tell you this. >> i know, he's a bad guy now. >> unfortunately both of those amazing institutions, particularly the fbi where a lot of agents take hard and take a lot of risks to protect us, both of those fbis have been led by incredibly corrupt people from james comey on down. >> it's outrageous for you to say that. >> is christopher wray of course nominated by trump? >> i don't think he's corrupt. he's wrong. >> if this memo says what we think it says, it's going to be incriminating of the fbi so we give them veto power which unveils unproblems with anti-trump campaign within the administration using our -- >> he chose rod rosenstein.

he chose wray. now these are his people that you are now ha cuesing of anti-trump bias. you guys are going to really regret this when this is all over, steve, because you are demonizing people for the most part keep us safe. we have no evidence of any type. >> no, i'm not demonizing men and women of the fbi. >> yes, you are this. >> they have been betrayed by people like comey. who wrote the exoneration of hillary clinton. >> and who protected donald trump? >> i mean, it's so funny, because for the fbi to put thumb on scales for hillary clinton, why did they not release the information that donald trump was under serious investigation, we now know how serious for campaign possible collusion and ties to russia? show in the tank for clinton. did such a good job electing hillary clinton. >> show me the evidence of

collusion by the way? do you have any? >> i think don junior emails saying he would love it if you got some dirty information on hillary clinton. >> that's collusion? >> that's interesting in getting damaging information from a foreign power. that's not a good thing. somebody else is going to have to decide if it's collusion. but what we know is accepting the help of a foreign power to influence election, accepting help, it's not money, it's material assistance, that ain't going to be good if that turns out to be the truth. >> steve, you have the last word. >> the american people did. workers and in pennsylvania, and ohio and wisconsin, cops and factory workers and miners, those are the people who elected donald trump who believed in his economic fruition which by the wa i is coming to fruition in a great way. despite fbi warning. my next guest is among them.

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tonight a showdown looming between the trump twhous awhite

and fbi. release a memo by nunes allege fbi abuse of surveillance during the russian investigation related to the trump campaign as soon as tomorrow. but fbi led by trump choice wray is urging them to reconsider damage by release. out front republican from new york who sits on the house foreign affairs committee. congressman, i appreciate your time. thank you. i know you have had a clans to read the memo. cathedr called for the president to release it. now the fbi has said with christopher wray himself grave concerns. trump department saying it could be reckless to release it. do you think the fbi and justice department are both wrong? >> they were wrong as it relates to the fisa abuse. and it would make sense that there would be people at the doj and fbi that wouldn't want this memo to go out because it's

going to show fisa abuse took place and there was misconduct at some of the highest levels of both agencies. >> when you talk about feist f abuse, there is a memo saying there wasn't abuse. i know you believe in trance par antsy. i assume you also want the democrat memo to it be released, right? >> yeah, i think we need to be able to get both memos out. as it relates to the shift memo, which is a little bit more about damage control, and kwh it comes out publicly you'll be able to see it yourself. the memo has certain things added to it that there is going to have to be a discussion as to whether or not the dems are calling for certain sources and methods to come out. the majority memo is a little bit shorter. it doesn't go into certain

specifics of certain sources and methods on purpose. so that will be something it will be worth having a conversation to democrats whether or not they want to release the entire memo or if they want to change any of the words around. because there were certain things in there that they placed that i'm just not sure they actually would want to release some of those details. >> okay. so you talk about sources and methods. but the point that i'm making, look, you are being consistent here on transparency, if you want to put them both out, there may be parts of both that have to be redacted for classified reasons, that will be have to be negotiated, right w t, with the and justice department. but both based on the same material and both reach different conclusion. so you said on the floor of the house in addition to releasing the memo, i believe it's important to release both. they are against revealing the source material. but i want to be clear, are you

for releasing it, so the american can read it themselves and truly make up their own mind? >> the american public wants as much information as they can to be able to form their own independent judgment for themselves. as far as the relevant material source in the memo, i would want as much of that information that can be released as possible. i think the american public wants as much information to be released as possible. they don't want to be able to just take my word for it or take your word for it. they want to be able to see them f for themselves. i respect that t i ha. i have a lot of faith in the american public. >> the question is what this will lead to, the answer is either all or nothing and you'll go with all as much as can possibly put out there. your colleague the democrat senator says if this memo comes out, referring to nunes, i have

classified information that american people deserved to see. are you worried he might be wrong? this fight over this one thing can start this flood put this out there and all of a sudden you do have a real compromise in the system? >> well, i mean i've read both memos. the majority memo that was written, by the way, you just referred to it as the nunes memo. he didn't read it. it was drafted by another member of the committee with staffers, but chairman nunes did not write this particular memo. that's why it's more majority memo. as far as the contents of the memo, it is not revealing any good sources and methods. in the schiff memo, if they want to change any of the wording around to make the same exact point, but without revealing, there are certain details, by the way, the scope of the schiff memo, this is beyond the fisa

abuse topic. and the other thing that i'll point out is that in certain respects they are talking past each other. like if, for example, i offered you a dollar and you wanted to sell me lemonade, then you gave me lemonade and i don't know like how it tasted, and i said i offered you the dollar and you say you never received the dollar, maybe it's both true, but kind of talking past when you get everything out for the mern public, they can decide for themselves. the two memos don't directly rebut each other. the shif memo talks past the majority memo at some points. >> which frankly might be fine. that would make sense that deferent people see different things that are of importance. before you go, you are in west

virginia tonight and you had a scarey day. we are so glad that you had -- the driver of the truck was killed. others were injured. i know you are okay. what went through your mind when it happened? >> well, when it first happened, we knew something really bad took place, but you didn't know exactly what. and if i had to come up with an analogy, it is kind of like getting into a car accident except you are on a high speed train hitting a dump truck. a lot of different noises. aside from the impact, the train was trying to slow down. what is in my mind above all else is somebody last their lives and they have a family. thank god that the conductor of

this train was able to keep this train on those tracks. it is amazing that this train was able to come to a complete stop. because if it derailed you had almost every single member of the house and senate including the speaker of the house, and it would have been a total catastrophe. the first responders, the police, the doctors, all of the medical professionals. and our thoughts and prayers with those injured and the one gentleman who was killed. this could have been a lot worse. and thankful for great americans who stepped up on a moments notice. we have a great country. >> thank you so much congressman zeldin, i appreciate your time. to another breaking story. the system failed to intercept a target that was launched in hawaii.

don't rule out another missile test in the future. this is the test that is supposed to protect americans. barbara starr is out front. this is the defense system that america would rely on in the event of a missile coming in from north korea. >> reporter: that's right. especially it fails right now. this test failed to do it. the missile launched, the target launched but during the test they didn't intercept each other. they are trying to find out what the malfunction is and what actually went wrong with this. but it is a very crucial situation. the times is critical because just a few days ago, the cia director pomp o told the audiene

it might be a handful of months where kim jong-un would demonstrate the capability. to have this failure is nothing something the pentagon is anxious for the world to see. a system that japan wants to feel for its security in that asia pacific region. >> barbara, thank you very much. even scarier the false missile test. from melania to michelle, the secret gift revealed. a basketball costs $14. what's team spirit worth? (cheers) what's it worth to talk to your mom?

what's the value of a walk in the woods? the value of capital is to create, not just wealth, but things that matter. morgan stanley

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. tonight, what did melania gift to michelle over a year ago and now we know. here is jeanne moos. >> the gift that keeps on giving. after her husband first left her in the car. >> he just walks up the steps without his wife leaves his wife behind. >> reporter: the mystery gift left twitter. >> what's in the box? >> reporter: the least the tiffany's box didn't contain a decapitated head like in the movie. dvd boxed sets to her husband's tax returns. >> what was in there? >> it was a lovely frame.

>> reporter: perhaps something like this $950.01 in sterling silver? it was the awkward handoff. >> never before do you sort of get this gift. okay. what am i supposed to do with the gift and then my husband saved the day. >> reporter: president obama took it inside. melania was feted at the state of the union >> any question about the first lady's enthusiasm about her husband she put those rumors to rest tonight. >> reporter: repeatedly clapped than only slightly more conviction than bernie sanders. nobody joked like last year that she was sending out an sos like

last year. >> thank you so much for joining us. you can watch outfront any time, any where. anderson cooper is next with "ac 360." >> we begin tonight keeping them honest. all having to do with the ongoing investigation into russia, campaign and possible obstruction of justice. one deals a blow to white house claims that peter strzok worked during the campaign against president trump. another alleges to fit a pattern. trying to obtain the loyalty of a justice department. we are talking about rod rosenstein. the president asked him quote are