thank you for being with us. we hope you have a great night. breaking tonight, a new controversial with reports the fbi is on board with the cia's assessment that russia's end game was a donald trump presidency. welcome to the kelly file. the washington post reports the heads of the cia and fbi met and agreed that donald trump was a motive in the rush cyber security. just moments before the president took to the.

>> do you agree with hillary clinton that the hacking is partially responsible for her loss? >> there hasn't been a lot of squabbling. what we have said is the facts, which are that based on uniformed intelligence assessments, the russians were responsible for hacking the dnc, and that as a consequence, it is important for us to review all elements of that and make sure that we're preventing that kind of interference in the future. that should be a bipartisan issue. that shouldn't be a partisan issue. and my hope is that the president-elect is going to

similarly be concerned we don't have potential foreign influence in this hyper partisan atmosphere at a time when my concern is making sure that the integrity wasn'tn't in any way damaged. i wanted to make sure everybody understood we weren't trying to advantage one side or another. part of the goal is making sure we did not do the work by raising more questions about the integrity of the election right before it's taken place. when i saw president putin in china, i felt that the

most-effective way to ensure that that didn't happen, was to talk to him, directly. and tell him to cut it out. and we did not see further tampering of the election process but the leaks through wikileaks already occurred. >> we turn to our chief intelligence correspondent in washington. hi, catherine. >> thank you. fox news confirming the cia director explaining he met with the fbi director and they're all on the same page. the memo reads in part there is strong consensus on the scope, nature and intent of russian interference and fox news was told that the memo does not mention political parties or the

russian president vladimir putin by name. washington post saying there is agreement the language is not in the memo. president obama said he didn't want to get ahead of the intelligence community reporting. >> what i can tell you is that the intelligence i have seen gives me great confidence in their assessment that the russians carried out this hack. the hack of the dnc and the hack of john bethesda. >> also, one agency held a conference call and what we have heard from homeland security department is that there was no cyber activity that affected voting machines or the count on

election day. >> thank you. >> you're welcome. >> joining us now a kelly file power panel, david wahl, and pablo manriquez. welcome. >> thank you. >> so there are democrats who are saying the president should have dealt with russia before. we knew in 2014, 2015 there are repeated attacking interference with state department and pentagon, white house, and why not the outrage back then? the president apparently in meetings was fully briefed and knew what is going on. why now?

>> they should is been tougher, it's not enough to tell vladimir putin to cut it out. we need more action on these kinds of things and one thing we could have done is strengthened some sanctions not against the russian people, but against putin's inner circle. in the city of london, financial markets there, as a lot of them do. so there are things we could have done that would have been more active and unfortunately, it's too late. the president authorized this assessment to be done before he leaves office it will be up to his successor for some sort of punishment or not based on that assessment. i. >> people point to the comments

he's made and start to look at evidence and say listen, he's going to be the president. is he going to come into office accepting assessments? and get tough, if this is a fact? >> someone is happy about the hacking but they hack us, we hack them. and in revealing the truth that is probably true, but the important issue is that mr. trump was the d can of change and ideas as opposed to the candidate of stagnation of squatus quo, which is hillary clinton. and mr. obama indicated he may take action for the hacks. he's got 35 days left in his administration. anything he does would be reckless and fool dts hearty and

probably undone by mr. trump, anyway. so my guess is that he'll let the new administration take over and watch how world relations improve significantly. >> well, we know that the president said that he had a conversation with putin. if he is convinced he's going to see the link is there. does he do something tough in this last month? >> last time dnc was broken into, it was called watergate and cost an american president their job. we have a foreign leader who has broken into the dnc, stolen our service and a president-elect unwilling to acknowledge the wi

intelligence community that this is is russia. if anything, this elevates to a national security issue. but the first thing is that he needs to acknowledge that this is serious. >> guy, i want to bring you in here. this gets muddied up. and it's important to remind you that people do not believe in breaking in. so while i haven't heard anyone say these are falsified, these have gone public and you have

said not nice things. >> that is a point that needs to be made and emphasized. there is some people who conflated this issue and used shorthand saying hacking of the election, which makes people think oh, my gosh. did the russians get in? and there is no evidence of. that that shorthand is irresponsible and misleading. >> do you think the president-elect will support what we're hearing? calls, high-ranking officials democrats and republicans in the senate and elsewhere saying we want to have a full vetting and investigation of this, and do think putin is not our friend. if it finds wrong doing will he crack down on them?

can he? >> i have not spoken about this issue but i know he wants to hit the ground running on issues important to the economy, the border, terrorism, veterans rights issues. he does not want to get stag nation of something, there is a side show, and so if. >> if there is tampering that concerns all of us and we know everybody does attacking and probing. >> right. >> not tieing it to whether he can allow this to go on from -- from -- >> it needs to be sent. and i just don't think the level will be as high as the democrats now want. hillary clinton needs to step in

and kate she lost fair and square. >> jillian, do you think this would be helpful? fair? >> no. not fair. this has nothing to do with putting to bed anything to do with the election. we should not, as americans not as partisans but americans put to bed the fact that a foreign government, not a friend of our government ins under the influence changed votes. >> i'm saying this foreign government attempted to do that. whatever the result is, they attempted to do that. that is unacceptable. they need to be punished for it.

we should have a national security advisor instead of taking money from russia today should be out there, banging the drum about how this is not acceptable. that is not what's happening. that is an american analysis we should get behind regardless of party. >> we've got to leave it there. thank you is and have a wonderful holiday. >> just weeks before president-elect trump takes office a new move to force a vote by mr. obama's candidate for supreme court justice. credit karma? why are you checking your credit score? you don't want to drive old blue forever, do you? [brakes squeak] credit karma, huh? yep, it's free.

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breaking tonight, president-elect donald trump continues his thank you tour, visiting yet another blue state he turned red. thanking the crowd. >> him here for one main reason.

to say thank you to the incredible people of florida. what a group. florida is my second home. many ways my first home. i love the people. i love the people of the state. you proepemmed a grass roots movement the likes the can the world has never seen before. how many people are here? that that is a lot of people. incredible people. the patriots stood up and delivered a historic win for the american worker with your vote, the great citizens declared from now on, it's going to be america

first. america first. >> etc. been 38 days and her defenders offered a different explanation about why they lost. from russians to fbi director from negative campaigning to white resentment, we've heard different arguments. the candidates have been quiet, until now. saying the more we learn and, and failure of the fbi to rerespond the more shocking it gets. and mis-clinton decided to join in with her own explanation. hi, trace.

>> hillary clinton mentioned the fbi director james comey's letter that raised new questions about her private e-mail server. and close races in several battle ground states. and swing state voters in the final days, breaking against me because of the fbi letters. the second unprecedented event is what she calls russian cyber attacks. apparently, he has a

personal beef against me. blaming me for the outpouring of the rage by his own people. that is the direct line between what he said back then and did m this election. >> john bethesda has written an op-ed critical of the fbi. and saying the fbi failed to send a single agent to warn officials but two agents were visiting a tech firm that helped maintain clinton's eechlt yale server, quoting comparing the massive response to the overblown e-mail scandal with

the response to a real russian plot shows something is deeply broken at the fbi. we reached out to the fbi for comment. and no response. >> joining us now with more, anthony scaramucci and robert wolf. good to see you both. >> great to see you. >> i want to talk through some of the things we've outlined here. there are some trying to throw muma abedin under the bus. >> he has the right to be

furious. i like the idea he said this should be a bipartisan commission looking at the hacking. with respect to the election i'm probably going to align with anthony. it's over and time to move on. you know? i don't like what happened with comey. i thought wiki leak thing, i hated that as well. at the end of the day, like the president just said, the election is over and we have to move on. >> there is no comey letter without those decisions that led to that path. >> there is no question the e-mail server was over our heads for 18 months. >> because of shugss she made.

>> i'm in the questioning that. but i'm not that familiar with when the fbi should or should not engage publicly. i'm not going to be here and someone says the score board changed but it stopped momentum. >> okay. robert, you mentioned a bipartisan look into the top guy on the hill. how much would that do to instill confidence? >> it's the most resonating message we want to give to the american people. certainly, we care about this. robert and i line up that the election is over. there was if there was a nefarious group, we want to understand what that is. >> anthony, you get that people

think donald trump doesn't want to understand that. there are those that say he has no evidence. i don't care about that. >> i don't think that is fair, shannon. >> there is a partisanship going on now. there is a group of people that would like to delegitimize the election. robert is agreeing with me but i think what you're getting from the president-elect is that hold on. i won fair and square. i won fair and square. andy% we want to get to the bottom of it and will denounce, necessary, punish people that are trying to do that.

and i know robert agrees with me. >> this is not just about an election f we're being hacked by china and russia, and within the united states, think about what can happen to financial institutions. >> gentlemen, we also do agree on certain things. have a great weekend. >> thank you. >> we're tracking controversy over facebook and its man for labeling what it decides to call fake news.

plus, with a situation in syria getting worse, president obama forced to defend his actions. we'll fact check the argument when dana perino joins us, next. so, mr. harris, we have your fingerprints on the safe. a photo of you opening the safe. a post using the hashtag "#justrobbedthesafe" so, what are we supposed to think?

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headquarters, frinlit weather with wind chills hitting 20-30 below 0, lake-effect snow and ice made for dangerous driving conditions in areas. and they say it's going to get worse with overnight snow and ice moving into new york and pennsylvania. president obama giving a green light to a $10 million bill going to address lead in drinking water and $550 million will provide drought relief to california. of this despite claims california farmers would benefit more than should be permitted. now back to the "kelly file".

>> some folks worrying about who is working in the reigns of the policing. hi, william. >> facebook admits fake news represents just a fraction of 1% of all news, yet, the company claims it needs to weed out the worst of the worst. here is how. users will flag a story they think is false. and if found in dead, that label has been disputed on the news feed.

and face book saying it will stop audio mated ads. all good. problem is that 52% of americans spread their news through social media and companies profit from posting false stories like the one that said pope francis endorsed donald trump or hillary clinton used a pizza parlor for a child sex ring or protestors got three grand to disrupt a trump rally. the politics of facebook and fact checkers demonstrated a liberal bias.

you can find an expert with a title total yefrng rment any story you want. that is where some fear this could go in the future. >> it's just like hiring etch pert witnesses. you can always find one to say what you want to say. good to see you both. >> you wrote about this. and talk about issues that you have and who is going to fact check a fact checker? >> right. police are putting together a panel that they believe is fake. politi-fact turned out to really lose the trust of a lot of people p hillary clinton they

rated half true. and that isvfd"fñ not true at a. so they don't have a lot of credibility with people to litigate this. >> you kpt share it in certain ways. and if they decide, it may get flagged all the time. >> concerning journalism and fake news, and these organizations get things wrong and go back on those sides.

they make mistakes and when you have editors for information as it comes they're going to have to fix things. fake news isn't always intentionally designed to profit or have a political agenda on the left and right. it's something facebook needs to understand more. and to adjust so they're not pushing out what is known to be designed for fake news into public which may not have the media literacy. >> a lot of people would argue "wall street journal" and rolling stone are not in the same, that is not something we'd

appoint. >> i would question whether it's true there is a huge fake news problem. there is always a problem of people share things that aren't true. >> just check out at the grocery store. >> right. >> and take rolling stone about a gang rape at the university of virginia. it's not overtly fake. >> well, look at -- >> i mean -- i agree with you. >> that is the credibility to blame. >> how much of this is america's problem? we accept things we see as truth. all the time. >> some of that is designed by

algorithm built on media sharing. you trust your mom as a source. >>. >> no. no. no. >> you posted something. >> i love you mom. nothing personal. >> great to see you both. >> there is a fight over the supreme court. and we're going to explain. and dana perino jones us live on that, next. coming up on "look! famous people!"

we catch flo, the progressive girl, at the supermarket buying cheese. scandal alert! flo likes dairy?! woman: busted! [ laughter ] right afterwards we caught her riding shotgun with a mystery man. oh, yeah! [ indistinct shouting ] is this your chauffeur? what?! no, i was just showing him how easy it is to save with snapshot from progressive. you just plug it in and it gives you a rate based on your driving. does she have insurance for being boring? [ light laughter ] laugh bigger. [ laughter ] >> i always feel responsible. i felt responsible when kids

were being shot by snipers. i felt responsible when millions of people had been displaced. with respect to syria, what i have done is taken the best course that i can to try to end the civil war while having also to take into account the hong term national security tos of the united states. >> that is president obama just hours ago having to defend his record on syria. in the face of the ongoing disaster of holding the city of aleppo. first, the latest on this nightmare that continues to unfold there. john? >> president oub yauma said dealing with the situation in syria has been one of the hardest issues he has faced in his presidency. and it continues in aleppo.

tens of thousands of people remain trapped, men, women, children, many sick and wounded and some dying hoping for life amid so much death. about 8,000 people have been evacuated but 50,000 civilians remain trapped there and juf as evacuation process seems to be picking up speed, it came to a jolting halt. president obama said assad's regime has blood on their hands for the slaughter of innocent civilians adding quote the world is united in horror at the savage assault and he he called jusúto

into eastern aleppo. people are cutoff from medical supplies, food, water and the battle for aleppo maying coming to an end, that does not mean the end of serious civil war. >> thank you very much. and white house press secretary, you know, you're family with how this is when a president has to go out and take responsible for their policies. and the president sounded anguished but we didn't hear solutions. >> this is probably going to continue. the slaughter has been going on for years. this week you had the u.s.

ambassador to the un chastising but president obama saying the shame is on him. has to live with that. one of the things history will have to decide is looking back at that decision he made several years ago not to enforce his red line was the day, i think, that led to the wreckage of the world. have you this problem in aleppo but the migrant crisis in europe. so the only way to solve the problem is at its source if you want to solve it. president obama is saying that the country did not have the will to do it. >> i don't think that is true.

this is more with ambassador power. >> you're bombs and mortars and air strikes allowed militia to encircle tens of thousands of civilians in your ever tightening noose. it is your noose. are you truly incapable of shame? is there literally nothing? that can same you? >> the videos and stories are gut wrenching. >> she knows the answer. there is nothing can shame them, one of the things the obama administration has to say. there are two paths, doing nothing or letting russia try to figure it out. that is not the case. you is trump inheriting this situation. i do believe he is inheriting the situation where i think

al-assad gets to stay. that is against our foreign policy. >> iran did not want assad to fall. and we wanted the ire yawn deal. now, these are decisions presidents make. and you can't put the toothpaste back in the tube. >> what about trump? >> i would look at the possibility of guesting these amazing people he's talked to from the military intel and state department. there is a solution here that needs to be put into place.

if john kerry said you're looking at genocide of a people. and i don't know what the options are going forward, something has to happen. >> yes. things have owe change. >> thank you. >> good to see you. >> there is a high stakes fight over the supreme court and whether president obama or when he is president, trump, gets to pick the next justice. next.

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get zero down, zero deposit, zero due at signing, and zero first month's payment on select volkswagen models. right now at the volkswagen sign then drive event. . developing tonight, high drama in the battle over the late supreme court justice antonin scalia's seat. a lawyer from new mexico has just upped the ante asking the supreme court itself to intervene and force the u.s. senate to vote on president obama's nominee. chris cal ger reports from west coast news room. hey, trace. >> reporter: hey, shannon. he is an environmental lawyer from new mexico that believes because senate leaders are not taking action on the nomination to the supreme court it is creating a constitutional crisis. he said he doesn't have an agenda except to restore function to the government. he is not the first person to file a lawsuit compelling the senate to act, but he appears to

be the most persistent. he has been denied in a u.s. district court and federal court and now has filed an emergency request with the supreme court itself, asking the high court to force republican senator chuck grassley who chairs the judiciary committee to hold a hearing and for senate majority leader mitch mcconnell to put garland's nomination to a full senate vote. before deciding the matter, the supreme court would normally ask the opposing party to respond, but in this case that would be senators grassley and mcconnell. so the path forward is a bit unclear, but michelle's request with the supreme court is a long shot at best. meantime, aides to president-elect trump say is getting closer to deciding who he would like to fill the vacancy left by antonin scalia. though the list is long, two names continue to resurface, judges diane sikes and william prior. prior was appointed to the federal appeals court by george w. bush and once called row v

wade, legalized abortion, the worst abomination in history of constitutional law. diane sikes on the 7th district court of appeals. her ex-husband charlie sikes is a conservative talk radio host in milwaukee who opposed donald trump. shannon. >> the watch is on. we wait for that. trace, thank you very much. we will be right back. family road trip! fun! check engine. not fun! but, you've got hum. that's like driving with this guy. all you do is press this, and in plain english, "coolant", you'll know what's wrong. if you do need a mechanic, just press this. "thank you for calling hum." and if you really need help, help can find you, automatically, 24/7. because you put this, in here. hum by verizon. the technology designed to make your car

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