essentially to stay tuned that he is planning on looking ahead so this could be a rematch in 2022, jim? >> kyung lah, thank you. larry elder the entertainer and broadcaster to the end. thank you so much. good to see you. thanks for watching. i'm jim acosta. erin burnett "outfront" starts right now. "outfront" next, breaking news, cnn learning the nation's top general mark milley was not the only trump official to back channel china to reassure the country in the final months of the presidency this is the white house's defense as milley is kicking into high gear tonight. temporary fencing around the capitol going up in the next hour. this is ahead of saturday's rally which is in honor of the january 6th insurrectionist. who is behind this rally? our reporter spoke with the trump loyalest. and a republican quits the gop over the party's objections to vaccine mandates.

he's my guest. let's go "outfront". good evening. i'm erin burnett. the breaking news, general milley wasn't alone. as calls grow from mark milley to resign over revelations he contacted a top chinese general twice in the final months of donald trump's presidency to reassure beijing the u.s. would not attack china, we're learning mark esper also took extraordinary steps at the same time. a former senior defense official says that the chinese were so concerned about the rhetoric coming out of trump's white house last year that esper, the defense secretary had a top deputy, not milley, a top deputy back channel beijing telling them they were in no danger of being attacked. that is the exact same thing milley said and we've learned today that milley conducted his call to the top chinese general in consultation with and with the approval of secretary esper.

that call from milley was on october 30th of 2020. and there was one more call after that. this a call from milley to the same chinese general on january 8th this year. significantly, january 8th is two days after the insurrection. now, this is according to a new book by the reporters bob woodward and robert costa. we learned the calls were not secret. not like milley got on the phone and called his counterpart and now it's leaking out. not at all. we learned there were 15 people on each of those two calls. during the discussion on january 8th. he said we're 100% steady. everything is fine. democracy can be sloppy sometimes. according to the book milley went as far to promise his counterpart he would alert them on a strike to the u.s. in the october call approved by esper.

the white house's defense in high gear, the president making his support for milley clear. >> sir, did general milley do the right thing, sir? did general milley do the right thing? >> i have great confidence in general milley. >> biden may have great confidence but this issue is splitting the republicans and may not surprise you to hear that some of trump's loyalists are making the case for milley to be gone. >> if true, general milley has broken some very good laws and we ought to make sure there is accountability for that. >> he does need to resign. he needs to resign. if he won't resign, he needs to be fired. >> okay. so you see gates and holly and add to that marjorie taylor greene. she tweeted court marshall mark milley. there are many republicans urging their colleagues to take a breath and not rush to

judgment. >> i have to say some of the allegations seem farfetcheded to me. we don't want to jump to conclusions but we'll vet them and see what happened. >> the former national security advisor john bolton releasing this statement to us saying quote, mark milley is a staunch supporter of the constitution and rule of law. i have no doubt general milley consulted widely with colleagues on the national security counsel and others during this period. what bolton says he believes happened appears to have happened from all of our reporting, 15 people on each call. a alex is live "outfront" in washington. this shows how worried esper was about trump's behavior and how far he went with chairman milley to avoid a war. >> it goes back to how unusually concerned the chinese were at the same time. we're learning from a top former senior defense official that speak with our colleague katy

bow williams. mark ed enter ordered a top policy advisor to send a back channel message to beijing to reassure them. that message and order before the october 30th call that milley made to his counterpart and that, the point of this was according to this top former official a two-step process to avoid any unnecessary confrontation that could lead to con conflict. erin, you may remember esper was fired but milley continued his out reach with the chinese. >> the white house today standing by the country's top general amid accusations he had gone too far at the end of donald trump's presidency in conversations with his counterpart in china and american adversary. >> the president knows general milley. he has been chairman of the joint chiefs for almost eight months of his presidency. they have worked side by side through a range of international events and the president has complete confidence in his

leadership. >> in a new book, bob woodward and robert costa feared trump was in mental decline. he had two phone calls before the november election and just after the january 6th insurrection to reassure him. i want to assure you that the american government is stable and everything is going to be okay milley told general lee on october 30th. we are not going to attack or conduct any operations against you. on the same call, milley added general lee, you and i have known each other for now five years. if we're going to attack, i'm going to call you ahead of time. it's not going to be a surprise. senator marco rubio quickly called for milley to be fired. >> this is treacherous. it's dangerous. it's unconstitutional and general milley needs to answer questions about it. he should be fired and have to face military justice for what he's done. >> a spokesman for milley said the general regularly communicates with chiefs of defense across the world including with china and russia all calls from the chairman to

his counterparts including those reported are staffed, coordinated and communicated with the department of defense and the enter agency. >> we do not take an oath to an individual. no, we do not take an oath to a country, a tribe or religion. we take an oath to the constitution. >> reporter: milley's fears about trump's actions and what he could have done have been well documented in another book this summer, two washington post reporters wrote milley told his staff that he believed trump was stoking unrest, possibly in hopes of an excuse to invoke the insurrection act and call out the military. milley has weighed into issues of racial injustice apologizing for being seen alongside trump after the brutal lafayette square crackdown on black lives matter protesters. >> my presence in that moment and in that environment created a perception of the mill taren valved in domestic politics. >> reporter: after trump lost, a defense official told cnn that

milley's golfs to make sure there was a peaceful handover to joe biden. milley was reportedly afraid trump could launch a nuclear attack in the final days so according to woodward and costa, he gathered top officers and said if they got an order to launch, they had to check with him. no matter what you are told, you do the procedure, you do the process, milley said and i'm part of that procedure. the pentagon press secretary declined, refused to comment on anything that came out in this book, but he did talk about the fact that it would be what he called not at all uncommon and completely appropriate for chairman milley to want to review safety protocols like those around a nuclear launch. erin, john kirby, the press secretary echoing what we heard from the white house saying chairman milley has the complete confidence and support of lloyd austin. >> you know, speaking of that, i know it's common right in this out reach to the chinese as an

example the secretary of defense would know what the chairman of the joint chiefs is doing. esper's successor, because esper was as you know removed after the election says he was not told all about milley's contacts with the chinese. is that the case? >> so miller took over from esper and he says he got what he described as essentially a heads up about the conversations that milley was having, not with no details about themes and content. he did text our colleagues today. he went on to say that i wouldn't have approved of anything of the nature portrayed in woodward's book. that could add fuel to the fire. we should note that a defense official did say that miller's office was informed appropriately about the conversations that milley was having. erin? >> alex, thank you very much for your reporting from the pentagon. and now, i want to go to

leon pen nanetta, the cia direc under president obama and this is the first time the secretary is speaking out about this topic. appreciate your time secretary panetta. let me start with the bottom line. was what this book says chairman milley did appropriate or not? >> look, you know, i don't think there is any question that general milley was operating in accordance with his constitutional responsibilities. we had an unpredictable president not abiding by the constitution and to concede an election, inciting a mob to go after the cab pitol. he was unpredictable in terms of what he'd do and i think general milley had a legitimate concern about what could possibly happen and his ability to talk with his counterparts is perfectly

encaping with what the chairman of the joint chiefs should be able to do. i think he did the right thing. >> so let me just go through the timeline of these calls for you so that you can explain a couple of details. so-call one from milley to general lee in china happens on october 30th before the election and that is the call where milley says don't worry, i would tell you if we were going to attack it's important we say that because that call was made in consultation with the defense secretary esper. so that's important to note. call two is where there are questions because it happens on january 8th, ed ensper is no lo the acting defense secretary is christopher miller hand picked by trump. a man who oversees a purge at the defense department where senior posts are filled by trump loyalists and miller now tells cnn today quote, i wouldn't have approved of anything of the nature portrayed in woodward's

book. he's saying i did not know about what happened on the call when i was defense secretary. does this change anything for you? >> not really. obviously, the f call was done pursuant to the approval of secretary esper and i think that certainly makes that clear as to what general milley was doing. on the second call, it was obvious at that point that the president was appointing political people to key positions at the defense department and it was coming at a time when there was a tremendous amount of concern about the role of the military as you'll recall every secretary of defense signed a letter that indicated that it was very important that the military not be used for political purposes

and we were concerned about what the president might do. so general milley understanding that same kind of concern i think tried to make sure that others understood that there was not going to be any kind of sudden attack or that we would not find ourselves in the middle of a nuclear war. i think he was doing what he felt was right as chairman of the joint chiefs. >> so secretary panetta, let me get to one part of it that seems to be raising the most questions and that is the specific quote about an attack, right? according to the book on that october 30th call, and again, i emphasize we understand this was in coordination with esper, but milley says in part quote general lee, you and i have known each other for five years now. if we're going to attack, i'm going to call you ahead of time. it's not going to be a surprise. look, this is the quote that kind of makes everybody go huh?

and it is the quote that trump's allies are now saying could be treason. talk to me as a former defense secretary about that quote why you feel more comfortable with it. >> i feel comfortable with it because the chairman of the joint chiefs talks to counterparts around the whole world. he catalks to counterparts in china, in russia as well as allies throughout the world and they have these kinds of straight conversations and i think general milley in the tone of that conversation was basically saying look, you know, you're not going to face a s sudden attack. this is not, you know, we're doing everything necessarily to try to make sure we do not find ourselves in a nuclear war. so i think his words frankly ought to be put into that context of having a conversation between two military leaders so that they understood that

neither of their countries was on the verge of a nuclear war. >> thank you. >> you're welcome. good to be with you, erin. >> you, too, sir. next, pennsylvania republicans moving to subpoena the personal information of millions of voters as they obsess over the non-exist tablet wide spread election fraud. as the police call for the national guard ahead of a rally at the capitol, we hear from the organizer why the rally is supporting the january 6th insurrectionists. >> they've been charged with expressing their first amendment rights in a public building at the wrong place at the wrong time. the twists keep coming. the father from that prominent south carolina family is admitting he arranged for a hit man to kill him. tonight, there is a new investigation into another death, a mysterious death of family's housekeeper.

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♪ ♪ charlotte! charl! every day can be extraordinary with rich, creamy, delicious fage total yogurt. tonight, pennsylvania republicans looking to subpoena the person information of 9 million registered voters in stat to the investigate fraud on the 2020 election. this comes as a new cnn poll shows nearly 80% of republicans believe that biden's win was not legitimate. "outfront" now george, the politzer prize winning columnist for "the washington post" and author of the book, american happiness and discontents.

so george, i am really thrilled to have you on and be able to talk to you since obviously, like everyone i read your work so avidly. i want to start with that news out of pennsylvania today. i mean, ten months since election day no evidence of wide spread fraud, multiple investigations and audits. why is this still happening? >> it's happening because a great many republican elected officials or those who hope to be republican elect odd officials are terrified of the next sulfur tweet from mar-a-lago. the elected officials are terrified of a good portion of their political base and because they're terrified, they don't like them much and don't respect them. this is a preemptive move. i think many of them are afraid that someone else will get out in front of them for example, we saw this by the way on january 6th when josh hawley started the business of trying to delay the

certification of the election results and ted cruz not wanting to be franked on the populous right joined the clamber. this could be people currying favor with at this moment still the head of the republican party. >> and so let me ask you about that because the new poll, 78% of republicans say biden didn't legitimately win the election. i understand republicans are at this point a quarter of the e let -- electret. some are sounding the alarm on what that means for this country. here is liz cheney. >> today we face a threat america has never seen before. millions of americans have been misled by the former president. they have heard only his words but not the truth as he continued to undermine our democratic process sewing seeds

of doubt about whether democracy really works at all. >> and i know george that you don't necessarily think american democracy is in danger but how then do you think trump's big lie has been able to frankly grow anin the face of the fact that it didn't happen? >> well, first, with regard to the threat to democracy, remember the point of the insurrectionists when they finally got in the capitol as they i'm imp vised their purposs to disrupt and stop a ko constitutional function, the certification of the results. they didn't stop it but delayed it but congress made a point of coming back in and saying a delay is all that happened. now, about the american people that portion of as you rightly say a dwindling group called the republicans. it is the case that mr. trump

gets the lion's share of the blame. let's not equip those people who choose to believe him. these republicans are adults and have a responsibility to exercise their intelligence and be as intelligent as possible and believing this stuff, they're not passive, they're not clay in the hands of this man. they're walking around american human beings responsible enough to vote and they ought to be not considered passive victims of this. they are complacent and should be held accountable, ami mean, accountable by public opinion but the fact they persist in believing this after judge after judge including many trump nominated judges have yet to find a bit of evidence about this indicates a will to believe that makes them let's just say appropriate physicfollowers of former president. >> there is sort of something

about it, you know, i want to ask you one other thing to this point about how people have gotten on board with this broader tone and tenure from the republican party. antony blinken was testifying about the afwithdrawal but he wanted to talk about something else. let me play part of the exchange, george. >> somebody in the white house has the authority with a button to cut off the president's speaking ability and sound. who is that person? >> i think anyone that knows the president, including members of this committee knows he speaks very clearly and very deliberately for himself. >> it's been widely reported that somebody has the ability to push the button and cut off his sound and stop him from speaking. who is that person? >> there is no such person, again. >> are you saying that didn't happen. >> senator, i really don't know what you're referring to.

>> there is no such person. the reason i play that, george, the person asking this question about this conspiracy theory someone can cut biden off because they're worried he will lose control or something is the senior most republican member of the senate formulations committee. widely respected man with a long career. what does it tell you when someone like senator rish is pedaling conspiracy theories like this. >> he uses it's been widely reported. anything said three times in washington becomes a fact. and i'm sure this has been said three times but an enormous amount of nonsense gets said three times in this town. it is december couraging that a congressional hearing would become a supermarket for such rumors and frankly, it goes to what we were talking about on

your previous segment. we're going to have to have congress exercising its oversight function, investigations into all of this coming from the woodward and costa book but this does not argue well for the ability of congressional committees to comport themselves in a way that augments, rather than subtracts further from public confidence and institutions. >> all right. george, i appreciate your time. thank you very much. and as i said, i hope everyone will get george's new book american happiness and discontent, thank you. >> glad to be with you. and next, the organizer of this weekend's rally at the capitol which is in support of the insurrectionists is speaking out tonight. >> they're being treated so harshly and being held in solitary confine ment for nine months without access to medical care. >> and why the war over vaccine mandates is prompting one republican to leave the party. he's my guest. welcome to allstate.

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tonight, the capitol police

requesting the national guard to help for the rally. the temporary security fencing around the capitol is expected to go up in the next half hour or so. jessica schneider is "outfront" to talk to just who is behind this upcoming rally. >> reporter: as washington ramps up security ahead of a september 18th rally. organizer matt brainard is on the defensive down playing the concern from law enforcement that his event at the capitol saturday could spark violence. >> we learned that law enforcement is preparing for some people on saturday to be armed. what are you doing to ensure there is no violence? >> we got a largely peaceful crowd. we've had two events in washington d.c. so far at the department of justice and at the prison and there are no incidents so far. no one is going to be bringing a weapon part of our crowd. i can assure the police of that. >> reporter: capitol police requested national guard assistance for saturday and cnn learned d.c. police will be fully activated and now the

focus is on brainard, a former trump campaign staffer from 2016 who pushed election fraud lies alongside roudy giuliani in 202. >> the vote count is accurate, the one that presently exists. is that right? >> i believe that unless the questions that i raise get answered, you can't be confident of what the vote count is, no one can. >> reporter: he founded the conservative group look ahead america and made it his mission to fight for the 600 people charged in connection with the january 6th insurrection. he wants their criminal charges dropped. that's the whole premise behind saturday's justice for january 6th rally. you're calling them political prisoners but these are people charged under the trump doj. these are people in some cases assaulted police officers and/or illegally entered the capitol so why would they be exonerated? >> the vast majority of the nen nearly 600 people arrested have not been charged with any violence. they have been charged with

expressing their first ameant mtd rights at the wrong place at the wrong time. these are buildings people can ordinarily walk out incident and the fact they're being treated so harshly and being held in solitary confinement for nine months without access to medical care. >> reporter: these are people that assaulted police officers, who illegally entered the capitol. to correct you, the people who are being held in jail have violent histories or accused of violence. more than eight months after january 6th, law enforcement is keeping a close eye on the planning for this latest rally near the capitol. new fencing will go up to secure the complex and homeland security officials say they are expecting 700 people. extremism experts have been watching the chatter online. jared holt expects the rally to be a bust since brainard hasn't attracted to other rallies he's held in washington but holt says

law enforce cement can't let th guard down. >> as we know from history and experience of extremist violence across the country, you don't have to have a large crowd to cause trouble and create unsafe situations. >> reporter: matt brainard is organizing rallies in at least 13 states. he's calling for supporters to head to state capitols across the country if they can't make it to washington. we've reached out to officials in several states but many tell us they haven't heard from bay ever -- brainard or seen him apply for permits but will be ready nonetheless. >> thank you very much. i want to bring in a lawyer representing seven capitol police officers who are suing the former president trump to hold him accountable for the january 6th insurrection. so ed, i appreciate your time tonight. i know that you're trying to hold trump accountable for the january 6th insurrection. so when you hear what is happening now, do you see his fingerprints all over saturday's rally, as well? >> well, it's important for

people to understand that this highlights the need for there to be accountability for these responsible for the january 6th rallies. trump certainly is one of those people we hope that the demonstrations this saturday are peaceful. but that was not the case january 6 th. people need to understand and remember that what happened on january 6th was the come ulmina of months of work to undermine the election results by violence and the people responsible need to be held accountable. >> so an internal police memo we've obtained warns some protestors may see saturday and i quote as a justice for ashli babbitt rally. for those who do not know. babbitt was the pro trump rioter that was fatally shot after storming the capitol being embraced by trump allies. take a listen. >> who is the person that shot

an innocent wonderful, incredible woman? >> if this country can demand justice for someone like george floyd, then we can certainly demand justice for ashli bi babbitt. >> the only person that got kill that day was a trump supporter and her name was ashly babbitt. >> and she was murdered. >> okay. ed, to be clear, ashly babbitt wasn't the only person that died. a capitol police officer brian sicknick and three officers died by suicide. how dangerous is this attempt to turn babbitt into a martyr? >> this, again, just highlights the need for accountability. the law enforcement officers that show up at the capitol every day to protect congress, they're not showing up as republicans or democrats. they're showing up as folks who have families, who have come to work to do their job to keep the

congress safe for all of us. and they did that on january 6th and i know that they will do that on september 18th no matter what kinds of calls are being put out by the right wing organizers of the events. >> they will go and do their jobs in spite of it. thank you, ed, appreciate your time. next, i'll talk to a republican that just switched parties because of gop resistance to vaccine mandates and the head of the fbi forced to apologize after america's top gymnast testified about how his agency grossly mishandled the investigation into claims of sexual abuse against their daughter. >> i blame larry nasser and i also blame an entire system.

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state representative marsh joins me now. i also want everyone to know representative, you're also a doctor. so these objections to vaccine mandates obviously aren't new among republicans so what led you to do this now? >> erin, this started back in june. we had a bill on the house floor that basically would have put in place desantis style restrictions against what i consider reasonable precautions to control covid. i spoke out against that on the house floor and i won the new hampshire house did not pass that measure. it's been an interesting summer. i won't go into some of the behind the scenes stuff but yesterday they decided to hold a rally in support of desantis regulations prohibiting businesses from mandating vaccinations for employees and prohibiting schools from mandating masks and businesses from deciding their patrons need to be vaccinated and wear masks. we all know what's happen income

states that have followed that path. people are getting sick. people are dying including an increasingly high percentage of children. i understand adult businesses take actions need to to protect patrons and employees. business has failed when you subject them to those rules. >> you engs maniedy -- mentione protesters of anti-vaxxers. this is yesterday. they are pushing the republican house speaker for more action against the mandates. listen to this. >> you need to tell them that they have to stop this in washington. once it stops in washington, it won't come into this state. we're trying to do everything we can so you're yelling at the

young people. the . >> the speaker egging them on. they don't want mandates. how dangerous is this? >> this prohibits businesses from things we're talking about. i can't sit by in silence while a policy is being put into place. doing that would betray the confidence of my former patients that are constituents and put their trust in me for years. that's too high a price to pay. rather than attending the rally, i went toclark's office and released the press release i'm sure you've seen. >> let me ask you about some of the republicans in your state are taking queues from lawmakers whether it be at the national level, you mentioned desantis

and clearly he's a leader and abbott, as well. one of those is senator rand paul. he's a doctor like you are and he said this about vaccine mandates. >> they can also tell me i can't have a cheese burger for lunch? will they tell me to eat carrots only and cut calories? that would be good for me but i don't think big brother ought to tell me to do it. >> what do you think of senator paul, a doctor like you saying something like that after receiving the same medical training you did. >> very much so. senator paul is a board certified opt moll gist like i was. i since retired. the issue is not the government putting policies in place. the issue is whether we're going to prevent businesses from putting policies in place. and that's a bridge too far. i did see some point with the government not mandating certain things. i'm not going to fight that too much, although, in certain venues such as health care

facilities, we do have an obligation to keep people safe but that doesn't necessarily apply universally. to prohibit businesses from putting in place the policies they need to keep themselves in business, that's not what republicans do. >> all right. well, there is the bottom line. appreciate your time. thank you very much state representative. and next, breaking news just coming in about the prominent south carolina lawyer who police say now admits he arranged for someone to try to kill him. this as we're also learning authorities opened a new investigation into the mysterious death of the family's housekeeper. plus, america's top gymnasts take on the fbi for its handling of sexual abuse claims against their disgraced doctor. >> i'm so shocked at the agent's silence and disregard for my drama. at usaa, we've been called too exclusive. a marine just out of basic, or a petty officer from '73.

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murdaugh's lawyer said an arrest warrant has been issued and he planned to surrender to police tomorrow. diane gallagher is "outfront". >> reporter: yet another twist in the murdaugh's family mysteries. an affidavit alleges a prominent south carolina family attorney alex so murdock's only surviving son buster could collect a $10 million life insurance pay out. murdock survived a shot to the head while allegedly dealing with car trouble on the side of the road this month. after murdock allegedly gave him a gun to shoot and kill him. it's unclear if smith has an attorney at this time. murdock's attorneys issued a statement saying, quote, alex is not without fault and attributed his actions to a 20-year opioid addiction that worsened after

his wife and son were murdered this summer. one of his lawyers telling nbc's the "today" show wednesday am. >> was in a massive depression, realized things were going to get very, very bad and he decided to end his life. he believed that $10 million policy had a suicide exclusion. >> reporter: the day before the shooting murdock resigned from his law firm. the state has opened an investigation into allegations he misappropriated large amounts of the firm's funds. days after the shooting he announced he was entering rehab. the 53-year-old is described in the affidavit as a codefendant of smith. murdock has yet to be charged. >> i think he will be charged. i think that what we -- what he doesn't want and we don't want is an effort to deal with these issues, distracting from and using law enforcement resources that could be used to solve the murders of maggie and paul. >> three months ago murdock

called 911 saying he found the bodies of his wife and son. >> are they breathing? >> no, ma'am. >> okay. and you said it's your wife and your son? >> my wife and my son. >> during their investigation into their murders authorities say they found information that prompted them to reopen a different unsolved case, the death of 19-year-old steven smith whose body was found on a hampton county road back in 2015. at the time of his murder 22-year-old paul murdock was facing charges related to the death of 19-year-old malory beach in a boating accident. he had pleaded not guilty but the charges were dropped after he died this summer. the murders of maggie and paul murdock remain unsolved. >> it wouldn't be a stretch for folks to think he probably lied about the circumstances in which he wife and son were shot. >> clearly he was distraught about their deaths. he did not murder them.

>> reporter: and again, alex murdock's attorney did see hay plans to turn himself in, those arrest warrants were issued for conspiracy to commit insurance fraud. but i do want to go back to their housekeeper because in addition to the coroner requesting they look into that because of inconsistencies like her death being labeled natural as cause of death even though, you know, she had a fall, but another reason was, quote, information gathered during the course of our other ongoing investigations involving alex murdock. his attorneys have yet to comment on this latest investigation. >> really interesting point, right, because information gathered during this just unbelievable story. diane, thank you very much. and next, the head of the fbi grilled over his agency's failure to properly investigate the disgraced former usa gymnastics doctor larry nassar. >> i share your outrage, and i

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tonight the director of the fbi apologizing to the more than 150 women and girls who say they were sexually abused by the disgraced former u.s. gymnastics doctor larry nassar.

>> they had legal, legitimate evidence of child abuse and did nothing. >> i felt pressured by the fbi to consent to nasser's plea deal. >> i blame larry nassar, and i also blame an entire system. >> why? >> why would the fbi agents lie to oig investigators? >> michaela maroney, aly raisman, elite members of the olympics united states gymnastics team giving emotional testimony, ripping the fbi for failing to protect them from their sexual abuser. >> i was so shocked at the agent's silence and disregard for my trauma. it was like serving innocent children up to a pedophile on a silver platter. >> reporter: one by one the decorated gymnasts told their stories recounting the years of abuse by larry nassar, the former usa gymnastics team

doctor. >> i sit before you today to raise my voice so that no little girl must endure what i, the athletes at this table and the countless others who needlessly suffered under nasser's guise of medical treatment which we continue to endure today. >> that evening i was naked, completely alone with him on top of me molesting me for hours. i told them i thought i was going to die that night because there was no way that he would let me go. he turns out to be more of a pedophile than he was a doctor. >> reporter: nasser is currently serving a 40 to 175-year state prison sentence after 150 women and girls came forward to expose he abused them over the course of 20 years. but today's congressional hearing a result of the scathing report from the justice department's inspector generals office revealing fbi officials investigating the allegations against nasser made false

statements and failed to properly document complaints by the accusers at the time. >> not only did the fbi not report my abuse, but when they eventually documented my report 17 months later they made entirely false claims about what i said. >> reporter: one fbi agent already fired, michael langman, according to "the washington post" interviewed maroney in 2015 about her allegations of sexual abuse by nasser. and is accused of failing to launch a proper investigation. langman declined to comment as did the fbi and the inspector general's office to the paper. >> the fbi's handling of the nassar case is a stain on the bureau. >> this man is on the loose molesting children and it appears it's being lost in the paperwork of the agency. >> i share your bewilderment.

i share your outrage and i don't have a good explanation for you. >> reporter: ray apologizing to the victims and vowing to do more. >> it's my commitment to you that i and my entire senior leadership team are going to make damn sure everybody at the fbi remembers what happened here in heart breaking detail. >> reporter: jean casarez, cnn, capitol hill. >> thanks for joining us. anderson starts now. good evening. today the pentagon said capitol police have requested assistance. it's part of the legacy the former president spelled out in detail