check it out. >> [applause] >> i love you america. >> love you. >> as the russia investigation games steam, president trump doubling down, issuing a fresh denial that he asked former fbi director james comey to stop investigating his dismissed national security advisor michael flynn, but in the wake of flynn's guilty plea, some wondering if mr. trump is giving investigators new ground to explore. hello everyone welcome to americas news headquarters i'm arthel neville. >> hello, i'm eric shawn. general flynn pleading guilty to lying to the fbi about his conversations with russian ambassador sergey kissliak during the transition period during the inauguration not the election but as part of the plea deal

flynn supposedly has agreed to cooperate with the mueller investigation and meanwhile president trump taking aim at comey and the fbi on twitter following friday's bombshell news but senator lindsay game saying it might be best for mr. trump to say mum during the investigation. >> oh,, i think comey needs to answer questions as his time as director and i think he made some decisions that were really very very strong. i would just say this as president there's an ongoing criminal investigation and comey may be part of it and the tweet ing comment regarding ongoing criminal investigations. >> and we saw garrett at the white house where he files this report and has more. good evening. >> the white house is now facing a number of new questions regarding michael flynn and allegations of who knew what around after the election in the days before and the days after, along with the early days of the administration. several of these new questions though are of the white house's

own making. yesterday president trump posted this tweet in which he said he fired general flynn because he lied to the vice president and the fbi. now, to some that appeared to be an admission that the president knew flynn had lied to the fbi at the time of his firing and then later still asked former fbi director james comey to go easy on him. that could be construed as obstruction of justice. now, the president's personal attorney john dowd tells us he was in fact the one who drafted that tweet then posted by white house social media director dan scavino, who described it as a sloppy paraphrasing of the events and added that i'm out of the tweeting business i did not mean to break news. the point of that tweet was entirely correct if just very sad i don't know why the guy, michael flynn, lied. he didn't need to. now, while the white house is trying to downplay any impact michael flynn's cooperation with special council robert mueller's investigation may have senate democrats are saying there could be a whole lot more to come

after this. >> this president has been obsessed with this investigation always saying there's nothing there but each week another shoe drops where we see more evidence of continuing outreach from russians and some response from the trump campaign, or trump individuals. >> now, we're also learning more about the fbi agent who was fired from special council robert mueller's team this past summer after sending text messages to a colleague that were anti-trump or text messages is how they are being described. that agent peter strock is a former director for the fbi and worked on a number of highly political investigations including the one of hillary clinton's news of a private e-mail server. fox news learned the justice department' office of inspector general is reviewing his role in that investigation as well as that in the russia/trump probe and the trump dossier to see

what his role is and to see how his personal political views had any impact on those investigations if they did. now we've also learned that the department of justice has know reached out to house speaker paul ryan to arrange for strock as well as two other fbi agents to testify before congressional investigators down the road. eric? >> eric: garrett we'll hear the protesters out in lafayette park and later on in a newscast we will look at the tweet with judy miller and she will also tell us what jared kushner was up to today so stick around for that. garrett thank you. >> you got it. >> eric, we go to tax reform now and with the house and senate now having passed their own bills, the next big step on capitol hill comes in about 24 hours when the house votes on taking its bill to a conference committee with the senate to iron out differences and send one final piece of legislation to the president. >> if something small happens in conference and it gets us across the finish line we'll look at a

case-by-case basis but i don't think you'll see any significant change in our position on the corporate taxes. >> if it's good policy it will be permanent and bad policy it will be temporary. >> live in washington the next step is a conference committee tell us more. >> sure that's the usual procedure, arthel. each body has to vote on the same bill before it could be sent to the president so they could come up with a compromised bill or listen to this possibility. they could skip it, and one chamber could vote on the other 's version. that's what one senator thinks might happen. >> i'd give it 50/50 there's no conference. i think there's a chance because i don't think either side wants to take the house or the senate wants to bring this back to the floor. the house just may take the senate bill and send it to the president. >> we haven't talked about that much but it's a real possibility they need to coming to on the individual mandate, whether to make the personal tax cuts permanent and whether we should have four tax brackets or seven. the house could most likely pass a bill ditching the individual mandate requirement pretty easy

but they would also have to make tax cuts to fit senate rules that say it has to be a revenue neutral bill after a decade. deficit hawks might like that but it might be a hard sell to constituents to say businesses get permanent cuts yours go away arthel? >> arthel: the question is still out there will the bill add to the deficit or not? >> carolyn: well democrats point to the joint committee on taxation which says it will add a trillion dollars to the deficit over the next 10 years even after adding in estimated economic growth but republicans say that low balls the amount of growth sparked by the cuts. here is some of both sides today >> as somebody whose been passionate to not adding to our already $20 trillion in debt this bill i believe allowed over $2 trillion to the debt even with whatever growth comes from these tax cuts. >> we are in a global competition. we must win that competition which means that our tax code must be competitive with the rest of the world. when that happens, american companies will turn out more

profits more revenue to the government and we will be able to deal with our national debt. >> the president has given them a deadline of christmas. >> arthel: okay thank you very much. eric? >> eric: meanwhile, only nine days until the alabama special senate election to fill the seat vacated by attorney general jeff sessions and republican candidate roy moore while today, he voted reporters while out campaigning and continuing as you know to deny the sexual assault allegations and several women from years ago but a new washington post poll shows moore is neck and neck with democratic doug jones and this as senate majority leader mitch mcconnell who recently called for moore to dropout of the race, well he raised the prospect that the senate could act on moore if elected and mcconnell appeared this morning on abc's this week. >> i'm going to let the people of alabama make the call. my job is to be the majority leader of the senate and we have jurisdiction over these matters when there is a senator accused

of some wrongdoing. >> and brian yennis has been following these developments. >> brian: well look at democrat doug jones said today december 12 is when the rubber meets the road and jones has been hosting a ton of events to try to take this newfound take advantage of the newfound momentum and yesterday he was in selma, an important site of the civil rights movement and this afternoon he hosted a fish fry in tuscaloosa and jones continues to call out moore for avoiding reporters and large campaign events instead opting for smaller enthusiastic audiences at evan gel it call churches. >> he's been an embarrassment ever since he's been elected. good grief he's been removed from office twice and kicked out of office and now we see all of the accusations that have come out from brave women finally getting their voice to be able to stand up and speak out and those are credible voices and those voices are far more credible than the denials that roy moore had and people need to take that into account and see

what kind of alabama, what we are teaching our children. >> meantime moore attended the guiding light church outside of birmingham today and of african american church with a pastor that made it clear he's pro-life and anti-gay marriage and moore spoke for a few minutes but he continues to concentrate on churches and most rule parts of alabama to rally his base. alabama by the way is receiving robocalls with the voice of lara trump encouraging them to go to president trump's rally in nearby pensacola, florida being held just four days before the election. the call does not mention roy moore, but no doubt a chance to give moore a boost on friday, moore said he's frustrated. the establishment has kept trump from supporting him more. >> the reason they keep him from me for various reasons. a lot of people keep me from him and wrongfully, i think, i haven't had a chance, except on one occasion, to speak to president trump.

one is they've got a system i call it the washington establishment which doesn't want to change. >> the latest washington post poll this week of likely alabama voters shows doug jones has a slight lead 50-47% over judge moore. this is close and within the margin of error of four and a half points and the poll also shows alabama voters are divided over whether or not they believe the sexual abuse allegations against moore while 35% believe the allegations, 37% say they are unsure or have no opinion, 28% say they do not believe the women's allegations. we shall see on december 12. eric? >> eric: down to the wire brian arthel? >> arthel: accusations of sexual harassment continue on capitol hill but where veteran news anchors were quickly fired over the allegations against them, not so with politicians. democrats calling on congressman john conyers of michigan to design but he's refusing to step down saying the democratic senator al franken and nevada

democratic congressman ruben kee win who also faces allegations of sexual harassment ellison barber in washington with more. >> reporter: arthel in the past week two new accusers have come forward but so far none of the lawmakers accused of sexual harassment or misconduct have lost their jobs on capitol hill or in the case of republican candidate roy moore they're shot at a future job on capitol hill. majority leader mitch mcconnell previously called on moore to dropout of the race today he said alabama voters will decide. >> a lot of discussion about it they are going to make the decision a week from tuesday. the ethics committee will have to consider the matters that have been litigated in the campaign, should that particular candidate win. >> reporter: with allegations of sexual harassment or misconduct came out against some in the private sector many lost their jobs. the same cannot be said for these lawmakers, but all are accused of some form of sexual

harassment. key win of making unwanted advances on a former campaign staffer, franken of groping five women and conyers of harassing former staffers and settling a former staffer's sexual harassment claim with 84,000 taxpayer dollars and in the case of farent the money came from a fund managed by the office of compliance. we know that all total since 1995 there have been 26 claims paid. we know that the total is 17 million. how that breaks out with different types of complaints and settlements we do not know. >> reporter: that fund is now the focus of bipartisan legislation with the goal to end it and name any lawmaker whose used it that 63 co-sponsors as of this morning arthel? >> arthel: ellison barber thank you. >> there's still more sexual misconduct claims this time in the world of classical music. the new york metropolitan opera opening an investigation into long time conductor james levine

, he's accused of sexually abusing a minor three decades ago. his accuser whose age made that report we're told to local authorities in illinois last year. they knew about it last year and has been relying on further investigation by the police. >> arthel: a community in mourn ing as the search for a three year old north carolina girl missing for nearly a week comes to a tragic end. the heartbreaking details up next. plus republican leaders in the house and senate tried to hammer out a single tax bill by years end. will they find common grounds and seal the deal? we'll take a closer look, next. >> i think if we can stimulate the economy, create more jobs, that does generate more revenue and i also got an iron clad commitment that we're not going to see because of medicare programs. when you've been making delicious natural cheese

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>> well after a three year old north carolina girl went missing for nearly one week investigator s say her body has been found. marion woods mother reported her missing on monday. that prompted a massive search for the little girl. authorities say they found her

body in pender county about 25 miles from her home in jacksonville. the mom's boyfriend now is in jail and he faces a number of charges including state police concealing a body and obstruction of justice. >> arthel: senate republicans taking a victory lap after passing a sweeping tax overhaul overnight friday, only one republican voted against it. tennessee senator bob corker and no democrats voted in favor. senate majority leader mitch mcconnell is saying most middle class americans will see a tax cut next year, even if that does not apply to everyone. >> well it's impossible to do that. you can't craft any bill that would guarantee no one was in a special category that might get a tax increase. what i can tell you is that every segment of taxpayers, every category of taxpayers on average gets significant relief.

the average family of four, $2200 a year. >> arthel: joining me now is jeffrey kupfer, former executive director of george w. bush's panel on federal tax reform let's jump right here. thanks for being here so does the senate bill benefit the middle class now and in the future? >> hi, arthel. it's good to be here today. yes it actually does very much. when you look at where the benefits of the bill go and you look at every bracket that every income bracket you see significant relief in every one of the brackets. the thing that's really important to remember when you think about the tax code is that the top 1% of taxpayers in the united states pay 40% of all federal income taxes, the top 50 % of all of income pay the 97% of all federal taxes in the country and so when you look at absolute dollar amounts you're always going to have the higher income people getting higher dollar amounts in terms of tax

breaks but when you look at the percentage tax relief that you get in every income class in the country, you do see significant percentage increases intake home pay. >> arthel: the corporate tax rate currently 35%, the senate bill will lower that rate to 20% how confident are you that a lower corporate tax rate will induce more jobs for average americans? >> well this is something that there's been bipartisan agreement on for decades now and even president obama had proposed reducing the corporate tax rate, so this is something that all economists basically agree upon. when you look at what's happened over the last few decades in 2003 the average worldwide corporate tax rate was 30% and since that time, the united states has gone in the opposite direction from every other country in the world. the average corporate tax rate now around the world is 25%. the u.s. statutory tax rate when you consider federal and state is up over 39% and so what this

does is actually bring us below the average corporate tax rate around the world which will induce additional investment in the united states and will actually bring back a lot of investment that had gone overseas will not be coming back to the united states. >> arthel: any provisions in either bill that would prevent the house and senate bill to be reconciled or what about that notion that perhaps only one of them as is will go to the president's desk? >> well that's always a possibility but i think when you look at the bills and look at what actually is in both bills there's a lot of commonalities both of them reduce the corporate rate to 20% as you mentioned, both of them change the corporate tax code so that it's a territorial system rather than a current worldwide system which is what we have now where u.s. profits are taxed twice once overseas and then once when they come home. they change that so that we're in line with the rest of the world and on the individual side , both bills increase the standard deduction. they double it to 24,000 which

is a great simplify indication for the vast majority of taxpayers and they all reduce the individual rates as well just by different percentages in different ways so lots of commonalities here. even if there is a conference it's a conference that can relatively easily be done and a bill that can get the votes in both chambers can emerge from that conference. >> arthel: so president trump promised the american people a simpler tax plan. do you think the final tax reform bill would deliver on that promise? >> well it depends who you are. for the vast majority of taxpayers who are individuals the answer is yes because the standard deduction will be raised and a lot of the under brush of the individual code will be cleared out making it easier for people to file their taxes. we spend over a hundred billion dollars a year on compliance with the individual tax code and so bringing that down just a little bit would be a great benefit for everyone. on some of the corporate side, especially as corporations and pass through businesses adjust

to the new regime there will probably be additional complications but that's something they will be able to deal with. >> arthel: will it happen by christmas? yes or no? >> i'd say yes. >> arthel: okay we'll leave it there thank you for joining us see you again take care. >> thanks a lot. >> well arthel have you heard about this huge merger expected to shake up the healthcare industry? cvs reportedly buying aetna. what that could mean for investors and our prescriptions plus special council robert mueller's investigation could go now after michael flynn had his plea deal. >> we won't belong before we understand one way or the other what the trump people colluded to russia because i can't imagine it happening and flynn not know about it.

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>> arthel: the former stanford swimmer convicted last year of sexual assault now demanding a

new trial. his attorneys filed an appeal in court calling his conviction " fundamentally unfair." turner served three months in jail after he was convicted of sexually assaulting an unconscious woman at a frat party in 2017. he is in la with more on this story. hi, will. >> will: hi, arthel. turner's case sparked outrage across the country and really put a spotlight on sexual assault on college campuses. the former stanford student and champion swimmer was found guilty in march of 2016 and his attorneys now arguing that his trial was a detailed and lengthy set of lies. almost a third of their appeal focusing on how drunk the victim was the night of the assault, two grad students were biking past when they say they saw turn er on top of the unconscious woman and say that he took off when he saw them and they chased him down and held him until police arrived. turner faced 14 years in prison but was sentenced to just six months in a county jail and

probation, a decision that many found to be far too lenient. the santa clara district attorney releasing a statement this weekend which reads brock turner received a fair trial and was justly convicted and his conviction will be up held nothing rollback the victim and the legacy of raising the word's awareness about sexual assault. the judge in this case, aaron pe rsky faced serious backlash since he sentenced turner including a recall effort and the judge tried to block that in court but on friday it was allowed to go forward so far the recall petition has 7 6,000 signatures and needs 90,000 to get on the ballot in june. the victim says she doesn't remember the assault but she did read a statement before persky handed down the sentence where she said that assault is not an accident. arthel? >> arthel: will car in los angeles thank you, will. eric? >> eric: president trump's personal attorney john dowd is taking responsibility tonight for trump tweet about the firing of general michael flynn.

take a look at yesterday's tweet from the president's twitter feed that reads, "i had to fire general flynn because he lied to the vice president and the fbi. he has plead guilty to those lie s and it is a shame because his actions during the transition were lawful. there was nothing to hide! ". this has caused a lot of speculation from some including democratic california senator dianne feinstein but the president could possibly because of this be investigated by the senate judiciary committee for possible obstruction of justice. >> this means that what the attorney is saying is consistent between the president and the staff. the president knew he had lied to the fbi which means that when he talked to the fbi director and asked him effectively to drop this case, he knew that flynn had committed a federal crime, so to me, frankly it's more serious coming from the attorney than it would have been just coming directly from the president. >> now that questions the ranking democrat on the investigation. judy miller is now pulitzer prize winning author and fox

news contributor. so judy what basis is there to investigate because of this tweet? john dowd says he did it and it was a paraphrase and i'm not a tweeter and it was a mistake and i'm out of the tweeting business >> well, all of the above is good, [laughter] because if he really wrote that tweet, he did not serve his client's interest very well, that is donald trump. first of all it didn't sound like mr. trump. i mean, donald trump has those of you who get up at 5 or 2:00 in the morning to read the tweet s, know he has a very distinctive sound and a very unusual unique way of expressing himself and this didn't sound like him. on the other hand, gosh maybe donald trump ought to get himself another lawyer more adept at tweeting because he certainly raised questions, profound questions about whether or not the president might have been obstructing justice. donald trump doesn't need that right now obviously, so yeah, it's very serious. >> there was no sad, bad--

>> no, exactly. >> that sort of thing and the president of course constantly said there is no collusion there was no collusion no evidence of collusion and a lot of focus is now on jared kushner his son-in-law and today, let's take a look, mr. kushner appeared at the forum in washington d.c. and he's a billionaire and also a democrat a big democrat donor, and a fascinating event because really for the first time we heard from jared's own lips about the trump administration, about serving in it, about their objectives and about middle east peace and he thinks there can be a peace deal. what do you think? >> well, i think the odds are against a peace deal and i just come back, eric from abu dabi, and that may be one of the few places on earth where president trump is really hugely popular. he is in saudi arabia, he is in egypt and he is in the uae, but even they, the people i talk to the officials i interviewed are

very skeptical there can be a peace deal. one because the poll its indians are so split and two, as they wrote in the new york times yesterday, the government continues to do things to kind of exacerbate palestinian feelings of paranoia, and that there just doesn't seem to be grounds for a deal. on the other hand jared kushner said very interesting things like they were thinking big. they on one hand, they are listening and he told a joke. i mean if i were jared kushner i'd want to change the subject to a way from obstruction of justice and everything else but he said because we this team that's trying to put together the solution at least is the arab israeli problem is composed of three orthodox jews and a christian. we've done a lot of listening and that gotta long. >> it was a great moment because a real estate lawyer, a

bankruptcy lawyer and he says there's no big mid east mecca, which is a yiddish word for my mid east big shot and also interesting at one point in this jared was reflecting on his life in washington d.c. and the story coming out about the administration an his father-in-law. listen to what he said. >> we don't let it bother us and we recognize that it's politics that's the sport of it and people will either agree or disagree with what you said or didn't say, but that's not what's real. what's real at the end of the day is what you accomplish the differences make the lives you impact and that's what we stay very focused on and look, d.c. is a different place. we never thought we would move out of new york but the kids are loving it here. the schools are great, and my wife and i feel like we've made a difference so far and there's a lot more impact that we have the ability to make. >> they seem pretty optimistic he said he will not be distracted by the bad stories and that he's continuing his

mission. >> once again i'd say that too if i were jared kushner but its got to be tough because the focus now of the mueller commission and the inquiry is on him, everybody is looking to understand more about his role in this affair. he is the president's not only chief middle east negotiator but an advisor, a family member. it has to be hugely difficult, so yes, i would spend a lot of time thinking about middle east. i don't know what's more difficult handling washington politics or trying to find a solution to the arab israeli conflict. >> well he did say d.c. is a different place, as a long time new yorker. >> yeah. >> we know that. >> well, welcome to the world mr. kushner. >> judy good to see you. arthel? >> arthel: thanks guys i'm about to talk to to has to be one of the most athletic seniors in the world. orville rogers ran a 100 mile relay for his 100th birthday. how and why he did it, straight

ahead. >> it's overwhelming. i'm so grateful, god has been so good to me, especially with family members. it's a small finger...a worm! like, a dagger? a tiny sword? bread...breadstick? a matchstick! a lamppost! coin slot! no? uhhh... 10 seconds. a stick! a walking stick! eiffel tower, mount kilimanjaro! (ding) time!

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>> well there's a blockbuster wall street deal in the works this sunday pharmacy giant cvs agreed to buy aetna insurance for about $69 billion. the deal we're told is expected to be announced later on tonight and it could shake up the entire healthcare industry by putting a large insurance company and a big pharma say chain together under one roof. cvs has nearly 10,000 pharmacies across the country and analysts say combining the two companies does make sense because aetna and other insurers have been under pressure to reduce costs while cvs has been facing increased competition from folks who for example, order online on amazon. arthel? >> arthel: eric not many people manage to live to see 100 but

for his 100th birthday, orville rogers an avid runner for 50 years joined his family to run a combined, uh-huh, 100 miles. the dallas man is also a former world war ii pilot and author of the running man flying high for the glory of god as you can imagine his daughter is extreme ly proud. >> we're just amazed and i guess we shouldn't be amazed because he lives every day the same and so why not a hundred why not 110 >> arthel: why not indeed. joining us now mr. orville roger s nice to see you again how are you? >> i'm great. i'm glad to be with you once more. >> arthel: happy birthday again to you. what does it feel like having your family run alongside you to celebrate your 100th birthday which was last tuesday? >> it's incredible. we have a very close knit family and we try to get together every

summer for vacation and this is just a bonus thrown in. all 31 of my family were here. >> arthel: and have you noticed if any of your grandchildren or great grandchildren got the running bug like you? >> a few, yes. one of my sons has four sons of his own and they all combine to run a marathon about two years ago in new orleans. i hope to be with them but i had a health problem and couldn't make it. >> arthel: but you've done a lot of running and you hold 13 world track records and you train every other day i understand and you run three times a week. yes. >> arthel: but here is the thing you didn't start returning until you were 50. what made you start? >> that's an interesting story. i read a book by dr. kenneth cooper and it inspired me so much i started running the next day. it was highly motivational and i run a little over 43,000 miles almost 43,000 miles.

>> arthel: well you look wonderful, you sound great, seem s like you're feeling well from what i can tell. what's your advice to make it to 100? >> well, i really never expected to be a hundred but i'm very grateful to god that i'm here and i've tried to honor him but i live a good life. i have friends, i have good family, i eat well and i exercise and all that put together i guess contributed to my good health and long life. >> arthel: is there something that you no longer eat that maybe you used to eat? >> no, i just refined my diet a little bit. i try to eat less of fruit and vegetables particularly the ones that have a lot of colored pigment in them. they are very indicative of good foods. >> arthel: and i understand that an artist by the name of jacob dancliff out of san antonio designed your customized pair of nike running shoes for

your 100th birthday. how do they feel when you ran in those shoes last tuesday on your birthday? >> they attracted a lot of attention. i'm very happy that he volunteer ed to do that. he did not charge me for those, but i'm very proud to show them off and i'll continue to run in them in the future. >> arthel: i have a description of them written down i'll share with our audience. apparently they feature your customized nike shoes, sneakers feature air force wings on the t oes, ou, which stands for oklahoma university where you graduated on one shoe on the tongue and with a hebrews scripture number on the other and of course, the number 100 on the right and left sides of the shoes towards the back. >> yes. >> arthel: fancy shoes i'd say. >> yes, they are. >> arthel: well how are you feeling right now and what are you looking forward to for the rest of your life, because it seems like it's endless. >> i joke and they say i know

how to live as a hundred year old because i've never been here before, but actually, i'm looking forward to the indoor and outdoor national championship track meets this march and july. the march meeting is the indoor in landover, maryland and i hope to enter about five or six races there and there are no track records at all, so all i have to do is show up, suit up, start and finish. >> arthel: you got it and quickly what do you do when you're not running? do you have another hobby? >> i exercise a good bit. i have lots of good friends and we have good times together. i'm very active in my church here in dallas and i enjoy serving god there. >> arthel: absolutely mr. orvil le rogers we so much enjoy having you here. happy birthday and hears to many many more healthy and happy years. >> thank you thank you.

>> mr. rogers a hundred years young just fantastic so people living in the gulf coast can perhaps breathe a bit of a sigh of relief after that brutal hurricane season finally came to an official end earlier this past week but you know they say it's not too soon of a possible next one. the u.s. army corps of engineers is proposing a plan to try and protect texas by building two giant moveable gates as storm surge barriers but as you can imagine that plan does not come cheap. douglas kennedy tells us more. >> living in this area, storm surge is a huge threat. >> aerial stemson lives right off galveston bay in texas where she was during hurricane harvey. >> so living out here there's really nowhere to go? >> no if you don't evacuate there's no way out. >> she took this drone video of homes and neighborhoods flooded. >> it was kind of a crazy panic feeling because there's water all around us. >> water all around, its become a regular occurrence for towns

along galveston bay, which have been flooded multiple times over the past 20 years. >> the problem is here at the tip of galveston island, galveston bay is actually open and exposed right here to the gulf of mexico. >> meaning during a storm all the storm surge from the gulf makes its way into galveston bay and it doesn't just threaten the homes and neighborhoods. the bay actually funnels into the port of houston, endangering a major population center, as well as houston's oil and petrochemical infrastructure. >> water is hugely powerful force. >> some say houston has to move out of the way of that water. this man wants to move that water out of the way of houston. >> so your idea is to limit the amount of water here that can get into galveston bay during a storm event? >> absolutely and then causing significant impacts further up the gulf.

>> colonel lars is the commander of the army corps of engineers in galveston and proposing building two giant moveable gates as storm surge barriers similar to ones in the netherlands that protect rotterd am port from the north sea. if approved congress the gates would be open for ship traffic but would close during big weather events like harvey. >> these are massive structures. >> actually they would be gigantic structures in the case of the structure being proposed here, it would be the largest navigation structure constructed in the world to date. >> the total cost would be $10 billion but to stimson, it would all be worth it. as long as you don't have to worry about water ever again? >> it's absolutely worth it in the end. it will cost a lot of money in the beginning but save a lot of lives. >> it's also going to save a lot of infrastructure on galveston bay, douglas kennedy fox news. >> arthel: the illegal immigrant acquitted of an

american's death isn't out of the legal woods just yet. what is next for the man accused in the kate stinley case. that one daddy! it's beautiful. i'm the world's greatest douglas fir. i'm the perfect shape. i'm the perfect color. my scent- like making love to a lumberjack. but halfway home, my twine gets loose. and your cut-rate insurance might not pay for this. so get allstate. where you can save money and be better protected from mayhem like me. mayhem is everywhere. so get an allstate agent. are you in good hands?

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>> well tonight san francisco is still on defense as the sanctuary city that after the stunning verdict in the kate steinley murder trial last week. a california jury acquitted the illegal mexican immigrant of murder charges in her death and the fall out over his acquital has been swift and strong drawing criticism from across the nation. meanwhile, z arate may not be out of the legal woods quite yet claudia cowen has the details. >> acquitted of murder and assault charges illegal immigrant and seven time felon may find himself in criminal court again. >> we're looking at pursuing federal charges. >> charges that include felony illegal reentry which carries a sentence of 10 years. condemnation of the controversial verdict with swift president trump calling it disgraceful and of the defendant saying "his exxon recognition is a complete travesty of justice build the wallet. in fact the san francisco jury's never heard about the criminal history and based on the

evidence presented decided kate steinley's death by a bullet was an accident. >> you think she's not interpret this verdict as diminishing their loss. it's not about that. the reality is we have we have 300 million guns in our society, you know 40 or 50 accidental shootings every day. somebody dies every day and this is just a tragedy what happened. >> but in san francisco where local law enforcement refused to cooperate with federal immigration authorities the fact remains if he had been deported as planned steinley would still be alive. the trump administration vowing it will not stop until stricter immigration laws are on the books. >> and then the no sanctuary for criminals about basically tells our major sanctuary cities that you're not getting federal funding. for now jose remains behind bars here at the san francisco county jail and he was convicted on a gun charge and will be sentenced

next month, possibly up to three years but with time already served, he won't be here much longer. late this afternoon, the department of justice unsealed an outstanding arrest warrant for z arate, which means as soon as he's done here he will be turned over to federal authorities and possibly face more prison time. in san francisco, claudia cowen, fox news. >> arthel: special council robert mueller turns up the heat in the russia investigation as former national security advisor michael flynn pleads guilty to lying to the fbi. the latest on the fox report, just minutes away. no matter how the markets change... at t. rowe price... our disciplined approach remains. global markets may be uncertain... but you can feel confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence. (dyou're drew brees?! i'm sorry to bother you, but my car broke down and i'd really appreciate a ride to the stadium. yes! ...but, no,

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>> happy anniversary to the text message. >> that's right the first text message ever, it was sent 25 years ago today. it sure didn't look like this there it is the first text was typed on a computer done by a british engineer. >> eric do you know what back then you couldn't even reply. just receive the message. texting of course took off in the 90s and now, we send trillions of them across the globe. i love text messaging. >> eric: it's a way for people to get in touch with you. texting, phone calls, cell phone , e-mail. >> arthel: you don't have to

reply. i heard it. i heard your little joke. >> eric: i tried. we'll be back next weekend, right? >> arthel: yes we will. rick leventhal up next with a fox report. >> the russia probe taking center stage after president trump's former national security advisor michael flynn pleads guilty to lying to the fbi about his contactings with the russian ambassador and now a presidential tweet is causing considerable concern. hello i'm rick leventhal. new controversy sparked by the president's twitter account, after the commander-in-chief may s what seems to be an admission, tweeting that he fired flynn because he lied to the fbi and the vice president. that marks a possible change in the timeline, that's raising red flags, leaving democrats to wonder when the president was made aware of flynn's false statements, and if he obstructed justice by acting then fbi director comey to go easy on the case as comey