and write to us mediabuzz@foxnews.com. [♪] arthel: washington plays a waiting game as special counsel robert mueller makes a significant step in his russia investigation. the "wall street journal" reports that the investigation has netted its first diment. eric: the investigation into russian interference which includes claims of collusion between trump's campaign and the russians. so far the white house has not

responded to news that the charges are being filed. trey gowdy weighed in on the investigation during an exclusive interview on "fox news sunday." he says the charges appear to be an illegal leak of grand jury material. >> we don't know who is being charged. we don't know what they are being charged for. we don't know the time period. the only conversation i had with robert mueller, it was stressing to him cutting out the leaks. it's ironic that the people charged with investigating the law and executing the law would violate the law. eric: who could be indicted? we'll know in a few hours. >> that's another part of the story. how did news about these charges get leaked out? friday a grand jury signed off

on the charges against at least one person. we don't know what the charges are or who they are. because a federal judge sealed that indictment which is supposed to keep it secret to protect the investigation. chris christie said it's dangerous to have these kinds of leaks in a high-profile case. >> it's supposed to be kept secret. let's remember, there are very strict criminal laws about disclosing grand jury information. we don't know who leaked it to cnn, it would be a crime if prosecutors or agents leaked it. reporter: a number of former justice department officials told me they suspect it came from the attorneys of those being charged. today there is plenty of speculation about who it is.

the two names we heard the most of about in the course of robert mueller's investigation are former trump campaign chairman paul manafort and former national security advisor michael flynn. their attorneys said they have no information about the indictment. six months into this investigation. >> like everyone else in washington, i will be watching tomorrow to see what comes out of the mueller investigation. but it's important to emphasize, whatever it is is just the beginning. and i'm sure there will be additional evidence. reporter: investigators say however it is could be arrested tomorrow. they will be brought before a judge for an initial hearing. white collar crimes like this,

they would typically be released. eric: washington media certainly on alert. arthel: for more on this we go to judge michael mukasey. good to have you with us, sir. here we are less than six months in and mueller filed first charges. what's the signal about the speed and scope of the investigation. >> it's hard to know because we don't know who is being charged and we don't know with what. this could be something very preliminary in which case it wouldn't tell us have much about the deed. and it could be narrow in scope. whatever the indictment is for, whether it's a speaking indictment, an indictment that lays out a broad recitation of background facts or narrowly tailored to specific charges and

technical features of the statute. if it goes broad. that may signal the fact uncovered a good deal. fit's narrow technical charge, that's something else again. also the fact there was a mention of a possible arrest seems odd. if that came from the same source as the information about the indictment itself, it suggests somehow the prosecutor is trying to play hardball. usually in white collar cases there is an arrangement with the lawyer for the defendant, for the defendant to show up at the courthouse and enter a plea of not guilty and have bail set. but if they are going to make an arrest instead of having somebody show up. that's pretty harsh. arthel: if that's the hardball as you are saying, judge, i know at this point everything is speculation. we don't know who the targets are. but for the sake of this segment

let's talk about your serious prosecutor paying hardball. if who, then what? >> the theory of playing hardball is to tell somebody that you are not kidding. that you are willing to go to the limit to walk them in. often it will happen if the government is looking for cooperation from a defendant, they will try to work it out in advance. whether they tried to do that here and failed, i don't know. but it may be that's what happened. they are signaling all bets are off and it will be hardball from now on. arthel: a federal grand jury approved the first charges. does this change the perception of the mueller investigation? >> in some people's minds i think it might. they look at absolutely nothing there, there would be no charge. i'm not certain that give what we know about whether for

example, whether general flynn made proper disclosure of his being engaged by a turkish businessman or paul manafort dotted all the is and crossed all the ts. i don't know if that was a realistic hope. but we know there will be at least this charge whatever it is and against whoever it is. arthel: many questions left to be answered hype threat i canally if collusion is not the conclusion. what about obstruction of justice or financial crimes like money laundering and tax evasion. >> financial crimes are a possibility. but those are tangential. i haven't heard any recitation of facts to suggest there was obstruction here. if you are talking about the president firing james comey,

that was one conversation where he said why can't you cut the guy a break, referring to flynn, then said in a subsequent conversation, i want you to go after whoever around me is doing anything improper. if that's the obstruction, it won't hold water. the intelligence agencies said there was contact. i don't know in anybody said there was quote-unquote collusion. in any event you will look in vain in the criminal code to find the word collusion. there is conspiracy to commit a crime. but collusion is maybe improper or shameful, maybe something that's politically embarrassing, but it's not a crime. arthel: judge mu kyle isy, i thank you fear laying it out -- judge mukasey, i thank you for

laying it out for us. eric: we'll have more on this throughout the hour. president trump ending the week on the defense after some members of his own party strongly denounced him. it followed the attack by john mccain on the president talking about half-baked nationalism. one of the president's campaign rivals telling fox news the republican party can survive this infighting. >> i think the bulk of the republican party -- and i have been in the republican party since i was a college student, is one that believes america has a place in the world. i think the bulk of the republican party believes immigration provides energy to our country and america is special and has a place in the world to advance freedom and free enterprise. i think this move towards

nationalism and looking inward, a lot of loud voices, but i don't happen to think it's the bulk. eric: if any other republican lawmakers following in the path of bob corker and jeff flake? reporter: not really. other rurp cans seem to be dialing it back. when asked do you share the concern that he's a threat to democracy. for the most of part all of them seem to continue to side with president trump. here is ohio senator rob portman followed by maine senator susan collins. >> so president trump was duly elected. and we have to be sure he succeeds, because if he succeeds, the country succeeds.

i was not someone at the end who was able to vote for him. but when he was elected i had to work with him on tax reform. >> jeff flake is one of my best friends in the snoot. i have enormous respect for him and i'm sorry he won't be running for reelection. the senate will be a lesser place without his being in it. having said that. i think we need to accept that donald trump is our president. reporter: one of the most of memorable lines in senator flake's speech is when said what will we tell our next generation when they ask, why didn't you speak up? john kasich was asked that question. here is what he said. >> i have spoken up more than anybody. mine is not personal. mine is policy. reporter: so far it seems this

call by senator flake and senator corker to resist this president continues to be met by silence by most of republicans own capitol hill. eric: someone is yelling in no test at lafayette park across the street from where you are now. reporter: we'll see the president continue to push his top legislative priority. he's also going to be preparing for his epic 12-day trip to asia. he leaves for that friday. hanging over all of that are the reports that the special counsel has filed its first charges and that first arrest could come as early as tomorrow, eric. arthel: a reminder a new evening lineup is rolling out tomorrow on fox news. john kelly will join laur laura

ingraham for "the ingraham angle." eric: we are look forward to that. a new day at fox news tomorrow. dozens are dead in somalia's capital, mogadishu. iran, they are at it again with it comes to the ballistic missile program. they are defiant. president rouhani refuses to end the testing. former united nations ambassador john bolton is here for his prescription on what the white house and our allies should do about iran. t safelite, we know sooner or later every chip will crack. these friends were on a trip when their windshield got chipped. so they scheduled at safelite.com. they didn't have to change their plans

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or a little internet machine? it makes you wonder: shouldn't we get our phones and internet from the same company? that's why xfinity mobile comes with your internet. you get up to 5 lines of talk and text at no extra cost. so all you pay for is data. see how much you can save. choose by the gig or unlimited. xfinity mobile. a new kind of network designed to save you money. call, visit, or go to xfinitymobile.com. [♪] arthel: recovery efforts under way in somalia's capital of mogadishu after a truck bombing and gun attack at a hotel. security forces purchase used attackers inside the building leading to a siege overnight that lasted at least 12 hours. two more blasts were heard after a suicide vest detonated.

al-shabaab claiming responsibility for these attacks, and a truck bombing that killed over 300 people two weeks ago. eric: iran's president rouhani says his country will continue to produce and test new missiles. iran denies the program breaches any international agreements. so is that true? let's bring in former united nations ambassador, john bolton. chairman of the gatestone institute in new york. iran remains defiant. and this is with the nuclear deal. >> they got one of the sweetest deals in the history of

diplomatic anals. the u.n. security resolution has in it two annexs. one is the nuclear deal. on iran's missile and other non-nuclear weapons issues. that document, the second annex b was negotiated to iran's satisfaction simultaneously with the nuclear deal. they are he wall parts of the -- they are equal parts of the same agreement of, and the hostage deal was negotiated at same time. for many who say this doesn't violate the nuclear deal are net examining the reality. the effort is to keep the nuclear deal in place while they

are narrowly violating provisions. it demonstrates how ridiculous this affair is. iran is a rogue state, it has been and still is. eric: the exact language. 1929 which was passed in 2010 says iran should not undertake any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology. that seems pretty clear. iran is called upon not to undertake any activity related to ballistic missiles. called upon is like a pretty please. including launches using such ballistic missile technology until after the jcpoa adoption date. by that agreement on october 19,

2023 they get a green light to develop a nuclear weapon with ballistic missiles. >> let's go back to the phrase you just read. it says no ballistic missiles designed to carry nuclear warheads. a clear example of how badly drafted this agreementment is from the american point of view. iran says our rockets aren't designed to carry nuclear weapons, as if it matters to the missile what's in the nose cone. iran says of course they are not designed to carry nuclear weapons because we don't have a nuclear weapons program. this makes a mockery out of the idea that this deal is in america's interests. but on the end date for the provisions of the deal, and this point applies to the nuclear deal as well it's not the end

date that's the problem. let's not forget, iran is also a party to the nuclear non-proliferation agreement. the reason we need this deal at all in theory is because iran has been violating the nuclear proliferation treaty for 25 years or more. it doesn't matter how many pieces of paper the iranian regime engages in. they will have this nuclear weapons program. eric: the iranian opposition, they issued this statement that says in part about this. the clerical regime devoted a significant become the to its program while a majority of the iranian people live below the poverty line. this is solely for the survival

of the regime and is against the prime interests of the iranian people. do you think it's not intended to produce a nuclear weapon? >> iran and north korea have been working together for 25 years if not more, from the time north korea sold iran the first scud missiles. they are using soviet-era technology. they are both using the iranian enrichment program that they purchased respectively from the great pakistani nuclear proliferator. they are using the same nuclear weapons design. these two nuclear missile programs, two side of the same coin. eric: is it even possible to stop iran?

>> i think it is. but continuing this nuclear deal that we are in a slow death march with isn't going to do it. eric: ambassador, thank you for being with us. arthel: congressman trey gowdy telling fellow republicans to and down regarding robert mueller's investigation. >> the result will be known by the facts by what he uncovers. the personalities involved are much less important to me than the underlying facts. give the guy a chance to do his job. arthel: mueller is reportedly ready to file his first charges tomorrow. plus the controversial comments from one nfl owner is not sitting well with his players. how they plan to respond before today's game. and i know that wee accident forgiveness.

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eric: federal grand jury reportedly approving robert mueller's russia investigation. according to "the wall street journal" we could learn more about the chargers appeared who has been charged tomorrow morning. what comes next after the announcement and what do we expect? heather cagle, congressional reporter. i guessing you this morning. they are over their bloody mary's demeanor while talking about who could it be. we think it is? >> i don't think anyone knows who it is right now. that is why capitol hill is in a wait-and-see mode. everyone holding their breath to see what is or if you read "the wall street journal" reports, they are not sure is one defendant. it could be more than one person or anyone is hoping tomorrow we get more information. >> kind of amazing to get more than what there's a group of

people. let's look at the potential suspect so to speak. number one on the list according to paul manafort, former chairman of the trunk campaign. questions over ukraine, dealing with financial issues, though earl of quarters the fbi and went through his files, either sleeping or general medical plan sos's lobbying situation, carter page, could this be something that's very basic such as not registering as a foreign agent. could it be a tax issue? could it be some financial issue? could it be something not even related to alleged russian collusion? >> i think what a lot of lawyers following this case have speculated over the weekend is that it's probably not a major player in the investigation. just like in a compact investigation similar to this have worked, and maybe someone who's an associate or relative

dimension and they will charge them in order to force them to cooperate with the investigation and force these bigger players to cooperate with the investigation. i don't think a lot of people are expecting collusion charges or anything like that tomorrow. they think it is just one smaller death in a a long road of this investigation. >> solution itself is attorney general michael mckay is there asserted is that is in a crime in and of itself. there's been speculation about michael flynn's son all denied any wrongdoing of course. i guess that will have to see. meanwhile, the president is expressing confidence. let me ask you what they say. no concerns as to what happens to them about the campaign or the white house. none of the white house documents turned over to evidence that anyone colluded

with russia or mr. trump tried to obstruct justice. the president is fully cooperating with the special counsel he said. what type of reaction will they get from sarah sanders in any indictment comes down. >> it is interesting the white house has tried to kind of brush off any kind of collusion, no evidence connecting flight data may also try to point fingers at democrats and say look what hillary clinton did on the campaign. her campaign committee helps fund this dossier and president trump. everyone is watching twitter account tomorrow because that is where his reaction truly comes from. it doesn't really matter what sarah sanders says if donald trump is reading something different. today he didn't really talk about the indictment specifically, but he did to the democrats are trying to distract from republicans big tax reform effort thumbnail a continuing focus on russia. >> he's been talking about one,

democrats. let me read something to you from the president. never seen such republican anger. the lack of investigation when clinton made fake dossier. instead they look at phony trump russia collusion which doesn't exist he says. the dems losing terrible and bad for country. which i'm for equal politics. so much guilt by democrats clinton. do something he says in caps. could this potentially have any result on uranium one or the democratic national committee or anybody who potentially paid on the democratic side for the dossier? >> i think it's far too early, but republicans have launched investigations into those issues this past week so those things will be looked into again. you know, you have to keep in mind republicans are also in the majority in the senate and the

house and a leading investigations on their intel committees in the senate judiciary committee into potential collusion between the trunk campaign in russia and russian meddling in general. while president trump does tweet they are united against the witchhunt, and republicans are in charge on the hill. it cuts both ways i'm not. drink you will see what happens tomorrow. 24 hours. everyone waiting with bated breath. we'll see if someone ends up in handcuffs before the judge. thank you so much. >> new controversy over the nfl protest as there is outrage at recent comments by houston texans owner bob mcnair. players planning a protest before today's game against the seattle seahawks after mcnair said at a protest we can't have the inmates running the prison. will carr's life from our los angeles bureau. but protests are we expecting from them today?

>> one texans players at 65% to 70% of the team starts controversy between some players, fans, owners come even president trump weighing in. reports the texans owner bob mcnair met with the team saturday and expressed his regret on friday the naacp in houston and representative sheila jackson lee and merits comment. >> it troubles me for all that time, the owners consider these young men to something less than human beings. it troubles me that they are in fact a commodity. and i think that is the concern. >> mcnair has apologized profusely including the statement which i never was not referring to our players. i used a figure of speech never intended to be taken literally.

but never characterize players or elite that way and i want to apologize to anyone offended by it. this started with: kaepernick kneeling last season and a coalition of players in nfl commissioner roger goodell to a meeting to work through the controversy, arthel appeared arthel: that's a good plan there. what are the other owners say about the kneeling controversy? >> a lot of reports that the owners want to get past the controversy, get back to football. espn reporting a number of owners talking about cutting off roger goodell's contract extension. they are not happy with the way the commissioner has handled the situation. arthel: will carr, thank you very much. tree into following the battle over the last remain secrets from president john at kennedy assassination files. still ahead. president trump at odds with the intelligence community and what they have and have not yet

released. plus, hundreds gathered in california to remember lives lost during the recent devastating wildfires there. i had, what lawmakers are saying about the recovery from the disaster. >> it's going to be a month coming years as people go through this to get through it. it will impact lives community will be different. anymore. you control your blood sugar.p get into a daily groove. ♪ let's groove tonight. ♪ share the spice of life. ♪ baby, slice it right. from the makers of lantus®, ♪ we're gonna groove tonight. toujeo® provides blood sugar-lowering activity for 24 hours and beyond, proven blood sugar control all day and all night, and significant a1c reduction. toujeo® is used to control high blood sugar in adults with diabetes. it contains 3 times as much insulin in 1 milliliter as standard insulin.

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eric: a somber tribute in northern california sea will gather to remember all those lives lost in the recent horrendous lab virus that devastated wine country. you're looking at a memorial service that was held in santa rosa yesterday. they honored 42 people killed there earlier this month. napa county, what is known as the atlas buyer is burned for

three weeks now in a scorched more than 51,000 acres and destroyed several homes. minority leader nancy pelosi district in everett this goes south of the devastation offered words of encouragement for the community. >> we can't immediately say how soon we can make the people who lost their families and their loved ones come and their homes, their livelihood, their businesses, how soon we can make you whole. we know that we can give you whole. >> believe it or not, the atlas fire still burning at this hour. fire officials say at least it is fully contained. arthel: president trump to release the remaining jfk files despite national security agency is asking to keep hundreds of records secret. he did release thousands of classified documents last week and last night the president treated after strict

consultation of general kelly, cia and other agencies they will be releasing our jfk files other than the names and addresses of any mention person still living. i'm doing this for reasons of full disclosure, transparency and in order to put any and all conspiracy theories to rest. but like of those remaining theory shed. bill gavin, former assistant director for the fbi. we will get to the direct was a little bit later. first i want to find out based on what was released, did we learn anything new about president kennedy's assassination? >> i don't think any smoking gun has been released in the information so far. i tend to think people will look at the information they have and it will either tend to support what they already believe or it might make it a little bit worries for those who really

didn't have a conclusion. no matter if you have a conspiracy theory or somebody from the organized crime point of view or somebody from russia, i don't think this releasing information will clarify anything. what it will do though, however i think it does tend to bring an intentional concern or criticism of law enforcement at the intelligence agencies because no matter what his release, somebody's going to say they should have connected the dots. maybe there were no dots to connect really, but that's going to be said anyway. don't make it difficult from that point of view. trade for the president saying he will release all the files other than the names and addresses of any person still living. are there security reasons for such reduction? >> there sure are and i go further than that. as you well know, the communist regimes in cuba and some of the other regimes are not exactly

notorious for being nice to people that might have provided information against them. and by that, and i really mean there could be people that may be still living and they will withhold names and addresses. i don't know if that answers all the questions. you have to remember of any names i release them and their relatives still in these countries and they don't look favorably upon relatives. there's nothing in their whole story history that would make them stop doing something insidious to any living relatives. i think it's a very difficult situation. you need to be very careful as to what your release. the other thing is you don't want to release anything that might still be a very functional and viable tradecraft at the intelligence agencies to use. >> your point that he's going to use all the documents, should they be released all of them?

>> if they don't add anything to hurt, harm, anybody else that might still be living, i don't know if it's going to hurt anybody. i really believe people are going to look at those documents, and gleaned from whatever is in their heart and it's not going to change anybody see a whole heckuva lot. transfer is that yes the documents will be released? except for any document that will expose somebody to parallel don't think is a problem. eric: even if they are released to walk well in a conspiracy theories out there? >> no, really don't. they would take from it what they are to believe. if you got organized crime for the cube instead for the lone shooter did it, it will support your point of view. arthel: bill gavin chi thank you very much.

we'll talk to you again. >> my pleasure. thank you. eric: meanwhile, tracking in a damaging weather system. tropical storm philippe, likely another one, where it's headed next. plus, victims of superstar sandy struggling to rebuild five years after garbage the northeast. some of their personal stories ahead here on fox news. >> every time i see a hurricane on the news, my heart goes out to those people. so sad for them because they don't know what is ahead for them. booking a flight at the last minute doesn't have to be expensive. just go to priceline. it's the best place to book a flight a few days before my trip and still save up to 40%. just tap and go... for the best savings on flights, go to priceline.

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i like you. you want to show me your swing? it's too soon. get advice that's right for you. investment management services from td ameritrade. arthel: tropical storms after bringing heavy rain and gusty winds overnight. also causing tornadoes that have been damaged in miami-dade and palm beach county. adam klotz is tracking the storm. where's it going now? reporter: hater, art bell. the 16 storms so far the average or receive between 11 and 12. very active, continuing to do so. now completely unclear at the system drifting to the north and it's pretty these pretty quickly around 30 miles an hour. that is going to be really important in the next couple days.

seeing a lot of the moisture being into new england. very heavy rain on the sunday only continues through today into the overnight hours. hour by hour forecast. pay attention to the timestamp above my head. but this into motion for you when you see ways in the d.c. area, new york, boston, portland happening late today through the overnight hours in early integer monday forecast. this is going to be some very heavy rain, potentially flooding involved as the system lives through the area. widespread you start to see some darker colors from philadelphia to new york and stretching further north. i'll be getting perhaps five to six inches in the very large areas. all happening right now in two early tomorrow morning. short timeframe gives us the possibility as you talk about such a wide area with heavy rainfall coming in the next 12 to 18 hours.

otherwise i did mention running right along a cold front. flood advisory with areas i just mention. on the backside of the system take a look at this. temperatures in the 60s on the backside, folks feeling like they're in the mid to lower 30s and places across the midwest. arthel: my eyes got big like saucers. adam klotz, thank you. meanwhile, today marks five years since superstar sandy slammed the northeast. one of the costliest storms in american is three. 100 people were killed. deaths blame on sandy which caused $65 billion in damages. some of the hardest hit areas still five years later rebuilding their lives. new york city with more and most

details. reporter: superstar sandy damaged and destroyed 650,000 homes and devastated waterfront communities in the northeast. assert responsible for the majority of the 72 u.s. stats. since then, obvious signs of successful rebuilding. the roller coaster in seaside heights and plunged into the ocean of the new "jersey shore" was a massive fire that sparked floodwaters and electrical wiring in the community of breezy point earned 100 homes to the ground. now the neighborhood has dozens of new homes in a standard to protect the community from floodwaters. for many, the rebuild continues through the new jersey governor's office reports one in five homeowners are still building. just that and her husband had moved into breezy point a month ago after spending over $300,000 of their own money to build a stronger home.

>> i didn't think it would take five years and had i known that i probably would've laughed. >> construction has yet to begin on projects to prevent flooding damage in new york city from future super storms like an idea called the big you to create 10 miles of floodwalls around lower manhattan was $600 million seawall to perks tech staten island communities is still in the design stages. >> most of new york city is just as vulnerable as it was before sandy had. we asked to think systematically how to change the design of our structures and infrastructure is to get through the weather coming. >> also an enduring legacy here. 32 newborn babies were evacuated from the new york city hospital they got flooded and lost power during superstar sandy. five years later the babies are now in kindergarten. their families obviously reminiscing about the harrowing experience. reminder of the threat or the

tropical storm of the eastern seaboard today and tomorrow. again, preparedness always for the next storm. >> sadly they predicted could potentially happen again. >> in ancient tradition taken a special significance this year. thousands hitting the streets in mexico to honor the lives lost to deadly earthquakes. more on the day of the dead. that is next. >> what started as a passion has grown into an enterprise on every purchase i make. everything. what's in your wallet?

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arthel: that does it for us. we are back at 4:00 eastern. eric: will be back at 6:00 eastern. stay with us here at the fox news channel. have a great sunday afternoon. leland: president trump: special counsel robert mueller's russia probe a terrible witchhunt for evil politics as washington and the country in waits to see if the first investigation indictment come in. elizabeth: president trump say the folks who did hillary clinton and the democrats in the role they played in the opposition of the dossier. new details on that. leland: football sunday and now lives on the houston texans seattle seahawks game, but not because of the football. new words that the texans may be launching a new protest against their owner. we will tell you