>> excellent continued reportin by our own benjamin hall there in afghanistan. another day down and two more t go this week. great to be with you. >> youtube. it's fascinating that you had injections, vaccines and a few days. outnumbered right now. >> outnumbered starts right now. kb. >> we begin with a fox news alert. new reaction from the white house after a bombshell report we now know the fbi stepped in and in 2015 after a suspected chinese by got a bit too close to democratic congressman eric caldwell. a woman also targeted other up-and-coming liberal politicians suspected spy reportedly used campaign fundraising commit networking, and romantic relationships to court these lawmakers, and gain access to power. congressman caldwell, a key figure in the trump russia

investigation as you may remember speaking out about the report during an interview a short time ago. >> i was shocked. this was over six years ago i was told about this individual and then, i offered to help. and they did help. i was thanked by the fbi for my help and that person is no longer in the country. i was a little surprised to rea about my cooperation in that story because the story said that there was never a suspicio of wrongdoing on my part. >> the congressman office is no saying when asked whether he ha an intimate relationship with that's five. the report comes after fbi director warned just this summe about the growing security threat from china. >> we have now reached the poin where the fbi is opening a new china related counterintelligence case about every ten hours.

of the nearly 5,000 active fbi counterintelligence cases currently underway across the country, almost half are all related to china. >> meanwhile, the white house today is going after congressma followed saying president trump was accused of being a russian operative for four years. but democrats were the only one actually under control saying i was quote unquote never russia and the republicans, it was the democrats in china. our own tucker carlson says the report shows congressman falwel is compromised as he sits on a powerful committee. >> he has used his office to promote beijing's talking point almost word for word, ones that matter by the way. a man who admits to a close personal relationship with an actual chinese spy who helped him get elected to congress raise money for him and put an intern that man continues to

serve on the house intelligence committee. how is this ever happening? >> you're watching outnumbered. here today, townhall editor and fox news contributor. executive director of certain joining us on the virtual couch today is fox news contributor and fox nation host back with us . , he is wearing a shirt that says smoking joe, don't get confused. >> smoking joe frazier. >> it's frazier. of course. >> joe frazier. of course i didn't get it. i am interested to get your response to the news that is breaking on an elected member o congress today. >> i think the biggest thing is the word of the day that we're going to be using a lot is hypocrisy. there is just a ton of hypocrisy

. if i was on a daughter's soccer league board of directors and i was found out that i was was working with someone from a different league. just off of gp, i would step down. just in terms of transparency, to look forward to any upcoming investigations i would immediately step down because that's the right thing to do. he was compromised, just becaus you told on somebody after you had a relationship with them fo what, eight years, or six years or something like that, that's lot of information, a lot of favors and they were obviously supporting him and helping him for a reason so to me, it's jus really when this story came to light, blaming who put it out there is also ridiculous. it makes no sense. blaming the family of the perso you murdered for turning you into the police. well, i'm only on trial because these people turned on me.

this is the point this is the hypocrisy we are seeing in our government on both sides where his first act should have been once this came to light, or one teeny leaves compromised, he should have never taken the position in the first place and we wouldn't be in the situation we are in now. >> when you look at what the congressman has reportedly said it's that this information has leaked in a retaliatory fashion because he's gone after the current president and all of that might have been a reason for the information to come out but it's not the journey they got us here that needs more focus, it's the actual contents of the conversations, relationships, money raising, all of that. this woman reportedly had so much access too. >> the fbi source quoted in the story about the congressman swalwell was incredibly cooperative. as soon as they told him about this woman sufficient he caught

off all contact with her and assisted the fbi in their investigation. the source also says the congressman swalwell is not accused of any wrongdoing. so just because someone donates money to you doesn't mean that he was listening to her about policy certainly. we have no evidence of that to this point. so look, i think the distinctio between when the fbi went to swalwell and said this woman is a spy, he took the right action and did what he should do. contrast that with what they campaign did when the fbi went to them and said these people you are talking to our russian agents and they lied about it. let's talk about hypocrisy in that realm. but look, this happened a long time ago. gop and democratic leadership i the house about this in 2015, before donald trump was even president, so i think it's a question of why it's leaking now .

>> katie, i do want to get to this because murray brings up a good point, it was money, it wa campaign, but he was getting th benefits of someone who was bundling amounts of cash which is a little different than someone who just goes to a fundraiser and may be buys a plate of food. that is something that has been widely reported today. i'm just wondering is there a list of names, or are there other people that would maybe want to know about voters who would want to know about other democrats. that this may be touched upon. >> she planted an intern around the decisions he was making bac when this occurred. of course, this is about hypocrisy. we know that eric swalwell was big part of the impeachment process against president trump.

eric swalwell isn't the first person to have a situation like this. we had the chairwoman of the senate intelligence committee who had a driver. they have shut down confucius institutes, they have been abou being a stack spying mechanism all over the world to our western allies they have tried to really enforce the edge of the allies should not be engaged . yet on pao giving estate today at the georgia institute of technology talking about the chinese espionage. we have them in our school systems, all across the country and the key is this. i remember being at a hearing i the senate a few years ago when senator chuck grassley was asking questions about the four chinese students and whether they were coming here for valid reasons or whether they were

coming here to spy and steal ou intellectual property. the responses were that he was it was xena phobic and it was just another ploy by the trump administration to engage in som kind of racism. in china is a threat, eve seen it from the fbi director and it's going to be interesting to see how democrats handle the chinese communist party moving forward per. >> look at where we are in the pandemic. all my goodness, there are just so many things. i heard you pipe up with when the word china was mentioned. >> katie was reading my mind, i stifled, but i was giving her a yes, katie, yes, and nodding my head. the pandemic is just part of that. don't ever forget that china about this virus late last year they knew there was human to human transmission and lied about it. and, the world health organization, backing up china lied about it.

china unleashed the virus on th world killing more than a million and a half people aroun the globe, and about 300,000 just in the united states, but this is part of china's plan. china wants to dominate the world, militarily, and economically. at any cost. by any means necessary. president trump has known this all along. the greatest threat to this nation was china. i'm lucky to be on the air ever morning and she has been all over this literally for years and even wrote a book about it called trump, china and the american revival. china has not only stolen intellectual property from our corporations, as katie was pointing out, they have infiltrated universities, our embassies commit there have bee a string of indictments or arrest at u.s. embassies the houston embassy to name one for the secretary of state called i a spy center.

they collect information, they spy on individuals, they will steal from us, they will do anything to take the united states two its knees and flatte us on our bacteria i think it i perfectly legitimate to ask a question of how many sitting ducks and easy marks are there in the democratic party. >> i mean, and just across capitol hill. we know how swampy it is. so, did it just stop here? are there other people down to? i meant everybody, who was at these fundraising gatherings. these parties. what she's bringing guests? i think it warrants a question. we will get more on this a little bit later because more information is coming in so we will get into it a little more later on the hour as we look into it. after the russian collusion story, the media are largely ignoring a report on congressma swalwell reported leak to a chinese spy. whether it's media bias again i

at play. plus, a potential victory for restaurants and one of america' largest cities. after a judge there band says lbm on outdoor dining was arbitrary. and lacked logic. what is next when the business is struggling to survive. more states join a lawsuit that if successful would hand president trump a second term. this as the president a call to arms. let's see whether or not somebody has the courage. loans with refinr no income verification, no appraisal, and no out of pocket costs. one call to newday usa can save you $3,000 every year. you could start saving, beginning with your next mortgage payment. refi now at these historic low rates.

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>> a, california, judge blastin los angeles county outdoor dining ban saying officials acted arbitrarily and called th order and abuse of emergency power that is not grounded in science. the dining band will remain for now due to the state over writing regional stay-at-home order. in the meantime a growing numbe of california restaurant owners are vowing to stay open and if either restrictions calling on others to do exactly the same. >> it's just this pick in shoes and the selective nature by which they're making these kind of economic decisions because that's what they are. they are economic decisions. they're not human decisions. i think it's up to all of us to stand up and just stay open. i'm not one, we've taken this very seriously so i'm not one t try to create some sort of rebellion but at the end of the day there is a tipping point. >> because my coffee shop is in a gray area, they kind of threw it out there and said welcome that you can always peacefully

protest so i thought why not. >> i was actually making a face when i heard the peaceful protesting thing, but these restaurant owners, if they're going to be put out of business they just want to see the evidence of why this is happening in these counties, ne york, la, they can't provide it. >> again, boys and girls club home, the word of the day is hypocrisy. we just can't stop seeing that word today. these restaurants aren't doing this to be defiant, there doing this because they're desperate, they have to keep their doors open. outside dining helps them keep the bills paid. there is not enough revenue being made with delivery and pickup or there's just not. a lot of these restaurants are doing the best they can. here's the thing. we all know at this point that there are sharks in the water whenever we leave our home whether it's too go to a doctor's appointment, the liquo store, wherever you're going to go, drop your kids off at schoo if their school is open, we kno

there are sharks in the water and we take every precaution we can. the restaurants are doing the same precautions, in most situations, they are a facility cleaner than your own house whe you're going into them. most of them are very strict about wearing masks and do the best you can to socially distance. they separate tables, there doing everything they can. and then you have government officials stepping in and say no , absolutely shut down when they themselves every time we turn around our on a private je too somewhere or on a big restaurant party somewhere else with one window open. we see a lot of hypocrisy and w need, is this really what we should be focusing our energies on in terms of getting the bad guys off the street? how about focusing on the peopl doing the peaceful protest with torches and pillaging and wounding. wets focus on that. there would be more people cheering and standing behind making our streets safe for everybody as opposed to going after a restaurant owner for trying to keep for tables open

to pay his bills. it is ludicrous. to get the data that we got fro los angeles county that was presented in front of this judg is that roughly 3 percent of recent covid cases were traced back to restaurants, they were mostly fast food chain restaurants, the vast majority of them very double the percentage it was about seven and a quarter percentage of the cases were in government buildings. the restaurants just want to know why are you targeting the restaurants where there are outbreaks, why are you blanket lee shutting down everybody and killing our businesses? >> and there is overwhelming evidence that indoor dining is exponentially more dangerous when it comes to covid transmission then outdoor dining . i am a little i don't want to say perplexed about outdoor dining bands because we know it's much safer, i think they are probably trying to address the fact that literally we are

having in this country some of the deadliest days every day in our history now and they are trying to just throw everything at the wall and see what sticks. i do think they should look at indoor versus outdoor and also we talked a lot on the show about whether congress will giv additional covid relief to individuals and businesses. business ease need congressiona action as republican mitt romne said last week. if there is a time to spend it' in a crisis and we are in a crisis. >> why don't they get behind th bill that's floating around capitol hill right now. i mean you've got the senior senator from the state of mississippi i was talking with the independent restaurant association founder yesterday from that state. he's had to have the conversation with his family that we're going to have to mov out of our house. it brings you to tears when you learn about the millions of people that are going away with new jobs and no hope because those restaurants, one in six are closing now. many of them won't be coming back.

there is a bill with bipartisan support, i mean my goodness, yo got durbin supporting it. you have liberals and conservatives, republicans and conservatives, but it needs to go for a. let's see if they can get something done in the swamp. >> but now we have nancy pelosi and bernie sanders and durbin admitting that they didn't move on $1 trillion more in aid because they didn't want to han president trump the win, so the were willing to stand they tied part. >> i'm talking about the restaurant bill. >> i'm talking about the aid that would've gone to small businesses the millions of people unemployed. could get the bottom line is that these restaurants have tried it every turn to comply with the guidelines, restrictions that the governmen has handed down in the government in california especially hasn't met them at all, they've just shut them dow and haven't been able to provid any evidence of why they are destroying the livelihoods of the business owners and all the

people who work for them. i'm glad to see that there is a judge in california who is now calling these officials out who are doing something for the sak of doing it without any consequences to them and finall laying down what's actually going all on in black and right in a court ruling. >> they have been doing contact tracing an indoor dining here i new york and as the governor gets ready to shut down indoor dining in new york city they will not provide the data to th restaurants. where is it? get they don't have it. >> president trump today vowing to push on in his fight as another state joins texas lawsuit challenging the electio results in four battleground states. the high-stakes legal showdown, plus, why the cofounder of blac lives matter is now pushing bac on some of the incoming biden administrations cabinet picks amid a growing effort by the fa left to take charge of the agenda. details our next. u get, ryan?

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>> new developments this hour i president trump's election fight . miseries attorney general has announced his support after texas announced its election talent that would invalidate th 62 electoral college votes from four battleground states. and toward president trump with a second term. kim paxton, the attorney genera for texas explains his motivation behind the lawsuit. >> these elections in other states where state law was not followed as required by the constitution affects my voters because these are national elections. if there fraudulent activities or things that affect an election, and state laws are no followed it affects our states. it affects every state to get the attorneys general from louisiana, arkansas,, and other states have supported the lawsuit meanwhile a group of

more than to dozen house republicans urging attorney general bill barr to appoint a special counsel to investigate voter fraud. katie, i come to you first for your response. >> welcome at the thing that obviously things have in common is the rules were changed in th middle of a pandemic to push ne rules on millions voting and they are arguing they want to make sure that all of those votes are constitutionally cast. i don't see anything wrong with that, weather the supreme court will agree to hear it is anothe question, but moving forward, there are a number of questions here about the way that the systems were changed, what stat legislatures can do in the future to look at their state laws and make sure the state laws were complied with and to make sure that a government official like attorney general' in the state or secretaries of state for example aren't just doing things around election laws because of a timing issue or because of convenience for them in an election year where

there are other issues going on like a pandemic for example. we will see what happens, we will see if the supreme court makes a decision. i believe the deadline is tomorrow for these dates to respond to the lawsuit and then we'll see whether the supreme court decides to hear it. >> the swing states that joe biden one, many of which are le by republican election official have all said that thereat the elections we're constitutional, followed the rules and were fre and fair and they have certifie their results. joe biden will be the next president. every day donald trump goes i the court and losers, his campaign loses case after case after case because there is no evidence to back up his outlandish claims great as i've said repeatedly, donald trump's attempts to call on people to have courage, to do the right thing, to overturn these result is dangerous because it's not based in reality and it's not based in fact and it is radicalizing a huge part of the

country that believes that joe biden was not legitimately elected when in fact he was. it is dangerous and of the republicans need to stand up much more than they are and cal it out for what it is. >> well, i have to disagree jus as coach, justice coach. i think it was what was that comeau 1,418 days 50 and about seven sockets the democratic party work there behind soft to overturn the russian fixed election. so i think a few weeks of going through courts really isn't tha big of a deal. i myself would be using every means if i believed in my heart that i was misrepresented which in this case the president feel he does, it's not just him as much as mainstream media like would like to make it as singular attack by the president , this is pretty much a unified stance by the republica party. that's why were not seeing

senators even acknowledging the vp elect until it's gone throug the courts. >> very few of them. >> this is an extremely, extremely sensitive time, and both sides are dug in her right eye think we need to allow the courts to make the decision. they ruled the next few days an they say no case, then we move on. if they don't, then we listen t the arguments. >> and as you point out, and maybe this is how you look at i into the future, it isn't just this particular president and i isn't just this particular grou of republicans coming had no north of 74 million people voting for this president who also want to make sure that thi was a fair election for him. by the way, when you say you disagree by as coach, that's a mile, my friend. >> mice coach is a little bigge than the average's coach. >> okay. >> i'm not touching that.

>> one, the attorney general in texas has had . blank that this is about the constitutionality of what these states did by changing their th way that elections are conducte period. i would think every voter in this country would want to get to the bottom of that. and i will also add, what is really dangerous is the fact that a presidential campaign wa spied on using fake phony opposition research paid for by his opponent, and for literally a few years. we still don't have the bottom of it. so, if you want to get hysterical about something, get mad about that. >> we will get excited about what is coming up next. here it is. where following now and as i promised you, things are coming together this hour. new details now about democrati

congressman eric swalwell who was reportedly linked to a chinese five. why have the media largely ignored this story? because this was back in 2015 that the investigation was goin on or the notification from the fbi. we will get into that part of the story next. plus, the cofounder of black lives matter goes after president-elect joe biden for what he says is not keeping his promise to create a diverse administration. while the naacp is now demandin that joe biden create a new position to head racial justice. all of that coming up right christmas comes early for a little boy who had a wish, but was turned down by one particular shopping mall santa. not this one. more on the heartwarming follow-up ahead. >> open the door. open the door. >> how are you? >> good.

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we are following a bombshell report that eric swalwell had close ties to a chinese five. abc, cbs, and nbc all escape th controversy on both their morning and evening programs. the new york times, the washington post, seem not to have touched the report as well so, going back to your word of the day, hypocrisy, these are media outlets that have been screaming about foreign interference for years, you would think they would be interested in the story for the sake of america and the people who read or watch their news reporting. >> life is really ironic at times when you look at how much news has changed when you look at how media covers things when it's i believe yesterday was th anniversary of the shooting of

john lennon, and they played th great walter cronkite telling u what happened, and he literally said a man who plays the guitar and sings real well and has affect the lives of millions of americans he gave us the information he didn't then go o to tell is a fun story about them hanging out together or hi not liking his politics or whatever, he reported the news. whatever the outcome of the new is, it's the news. this is the problem we see wher we start handpicking our storie and deciding what we're going t tell the people and what narrative because it might not fit what we are pushing. we are no different than back i the days when they were taking books and burning them because they didn't say what they wante to say. you have to look at this seriously about why these outlets that say they are news when there really is only news that's good for me or just literally we are in opinion sho and occasionally we will have sprinkles of news comeau will let you know. something like that. its ad were not getting our information regardless of however this turns out it's a

big nothing, so what, you repor the news as it comes to you not as, do i like this one, is this one good for me. we need to see that across-the-board. >> so there is this bigger issu about just trying to in general big corporations we've seen wit the nba, in hollywood, refusing to touch on any of china's issues, their espionage in the united states, their human rights abuses, is it a bigger issue with media as well with the connection to china? >> are these media companies ar covering for china and covering for the democrats because if yo read this access story, it's like an outline for a movie script. how could any media company ignore it? if your elevator pitch is i got you here, pompous him bowl politician who may or may not have a flatulence problem is hooks up with the beautiful chinese spy who is also involve in relationships with at least two other mayors in the midwest

everybody would be all over it if they weren't trying to cover up something. >> you know, it's one thing for congressman swalwell he got caught up in some kind of spy ring, it's another for him to then go on and defend china int use language of the language chinese communist party is approving of calling the chines virus is racist, so doesn't he have an obligation is a u.s. congressman to push back on som of the propaganda that the chinese government has been putting into our country? >> and he certainly has in his role in congress, he has spoken out quite a bit about the threa that the rise in china poses economically and militarily. the reason we know about this story is because a journalist a ask eos broke the story, so clearly the media is covering it . i will say other outlets may be looking into it, but even some of the comments made on their show, if they had a close relationship, that he was compromised, none of that is borne out by the reporting, non of that is backed up by facts

and none of that is backed up b evidence yet. i think when we report these sensitive national security stories, we need to focus on th fax. the fbi had set in the press article that he is not suspecte of any wrongdoing. of course if that changes we will follow the facts where the lead, but the facts aren't ther yet. i think all of us covering the story need to be more careful with our language. members of congress have tens o thousands of donors they give money to them and there is no evidence that this one donor impacted anything he did in congress. so let's not say that on air when we don't have the facts. >> it now where careful? like what did he say about trump ? >> always careful. >> swalwell lied over and over again about russian collusion and now were worried about the facts? okay. to get the fbi stepped in for a reason. >> they did. they did, thank you, harris.

up next, the naacp now demandin president-elect biden appoint a civil rights czar and a boy's faith in santa claus is after i woke santa how chris kriegel eventually came through.

>> we have breaking news now on the journey for americans being able to get a vaccine for covid 19. currently the department of defense and the department of health and human services are holding a briefing with senior officials on operation warp speed and vaccine distribution. they are looking right now at the doctor who is the chief advisor for warp speed, also they are in attendance and we had just spoken with some breaking news is hhs secretary czar, we could have emergency use for pfizer now within a matter of days. this is something that we know is coming down the pike. pfizer is already giving out or

already distributing and doing that in the uk right now with its vaccine, so the fda, our people here in the united state at the top levels of government now are getting that to the public as well. but they are telling us that operation warp speed updated hearing between the two departments today over all of the details along the way of th vaccine, keeping them, disseminating them, and we are watching it for you as it comes together. the news is the hhs secretary says within days they expect that emergency use. >> there is new tension between the black lives matter movement and the incoming biden administration. and come of the group says the president elect is not fulfilling his promise to have diverse administration. a blm organization leader told politico, it is really more tha

unfortunate that we are not seeing more people who reflect this old of america in the new white house. meanwhile, the naacp wants the president elect to create a new national advisor position that would focus on creating policy that centers on racial justice and equity efforts. >> you know, boy, this is crazy to me, but joe biden, vp joe biden, is probably the most diverse person on the planet in terms of every ticket to commit major diverse ticket in the white house, joe biden's name was on that. i think it's a little premature to start saying he's not doing this and that. here is the problem with what i see the democratic party, it's about three parties trying to live through one head. they are trying to all get what they want, and by no means is i going to work. the only way you're going to ge more choices is if it's your

choice, because whatever the black lives matter group appoints appointee that they want income if it's not that appointee, he's not going to be diverse. matter what he does commit joe biden has made deals, his campaign made deals with all these different groups for support and now there calling i in before he's even sworn in, s this is going to be a microcosm of what we see in his 100 days. bickering and squabbling within the party until instead of dealing with across the aisle. its going to be an ugly time fo the next 100 days were he will be attacked from the inside. >> kd. >> it seems to me that joe biden 's pics and been pretty diverse by standards. i do think there is a risk for the country in picking people based on skin color or gender rather than qualifications, but this is the lefts fight to have with each other. >> i mean, i said something similar yesterday, and i believ it was with you, i said look,

you can't come and correct me i i'm wrong, it was all over twitter so i think i said it. i was pretty plain here, you can't have merit and you can have diversity. diversity comes in always, skin color, culture, gender, lg dp lgbt q, let's talk about all of that, but diversity is best furthered when merit is what drives it. i don't know if all these peopl are the very best pics, but i hear a drumbeat of a better loo like this, they better look lik this. marie? >> you will see president-elect biden today announced his nomination for the first black secretary of defense,. it with the life expense with the way that people have grown up in this country certainly. there is a lot of administratio appointments still left to be done so we don't know yet who will be attorney general. all the deputies at these

agencies. i think it will continue to be pretty diverse. chris kriegel makes a surprise visit i love it when that happens. it happen for a little boy who cried when a mall santa refused to give him a nerf gun for christmas. the cheerful follow-up is next. every veteran, every service member out there, if you're thinking about buying a home you should come to newday usa first. there's no money down, it's the best vehicle that a person who served in the military or is serving today has today to have a new home. if we can possibly get that veteran in a home we're going to do it at newday usa. why would you rent today when you can buy your own home and participate in the american dream?

>> a boy crying when the mall santa in illinois refused to promise him a toy nerf gun for christmas. the mall has not publicly apologized for the third-party santa and sent kris kringle to the boys home to deliver a nerf gun that was quickly unwrapped.

>> we saw you yesterday. we are so sorry. i heard about this. i rushed down here. >> it's crazy this thing. >> what do you say? >> i'm going to put my adult classes on because this story makes me want to because i just want to reach out and just touc santa. big kids come to see santa, the don't come to see you. they don't need to hear your personal feelings. i grew up on nerve, i love nerf to the dicarlo family, hit me u on either instagram or twitter because one nerf gun is not enough, i am going to send, if they reach out to me, i will send out enough nerf guns for everybody to play, so hit me up more nerf guns for everybody.

how dare he. >> hallelujah. >> i guess i wasn't aware that mall santa has actually gave ou gifts, that seems to be something new since i was a kid i'm glad this kid is happy with his gift. i have very little outraged whe it comes to this, but i'm glad the kid is happy. merry christmas to him. >> katie come at that jerky fak santa at the mall was lucky i wasn't there. what you say? >> yeah, i don't think that would go over well with my either if i brought my get to santa and he started making him cry. not just any nerf gun he got, that is the top end nerf gun. good for him. >> like i said, the rolls-royce of nerf guns, so good for him. >> merry christmas to everybody. that does it for us and they shot we took over, it is actually snowing outside of fox news headquarters, so i'm going

to make some snow angels in the city. i can't wait. >> right now, it is all about harris faulkner. >> we begin here on suspected chinese by reportedly moved through united states political circles for many years. raising big questions on just how. that is happening now. outnumbered over time, i'm harris faulkner. the suspect cultivated a relationship specifically with democrat congressman eric swalwell while he was still in the city council member, that i according to ex-eos which also reported that the woman known a fang fang interacted with him a multiple events over the years. before abruptly leaving america in 2015. today he said he helped the fbi when he was informed by them.