the president is right, he has the authority over the justice department.hat the hell is wrong with barr? >> barr went on products cast television to complain about the president's tweets. i agree with the media thing. i disagree with you on the fact that the president's tweets do cause trouble for william barr. lou: whether it's fdr or president trump talking directly toe, they as fdr did, president trump has changed history by communicating directly to the american people. >> look at the substance of this. a let of the prosecutors say the suggested 7-9 year term really was excessive. and 3-4 was more like it. and bill barr took care of this. he actually had the justice department change the condition on this. lou: he didn't take care of it until the president pointed it out the date before. >> he says he was doing it before the president. if barr was doing it before the president spoke out publicly then it makes barr look bad because it seemed to be about the same time and very easy for all the enemies to say the president changed barr's position on this.

authorities the justice department says he broke the law by working with chelsea manning an intelligence analyst for the u.s. army in iraq at the time to obtain and publish these materials chelsea manning is also wanted herself by the u.s. as a witness to testify against the signage but manning refuses and instead has been sitting in a jail cell since march of last year attempting to coerce me with a grand jury subpoena is just not going to work i will not cooperate with this or any other grand jury manning's lawyers filed a grumbles motion saying. according to federal statutes she should be released from jail and their argument is that since she's proven in the past 11 months that she will not be coerced into testifying the contempt citation under which she's being held should be terminated writing that the sanctions exceed their lawful civil function as coercive and not punitive sanctions as atocha leonard from the interest of points out the sole purpose of manning's attention has been to coerce her to testify and it has failed manning says that although she's paying a heavy price for

the united states. his authority authorized includes oversight of the department of justice and its 110,000 employees. should anyone for any reason believe any department of the executive branch is independent of presidential authority? cast your vote on twitter @loudobbs. joining me, president trump's personal attorney, former new york city mayor, rudy giuliani. i have to say when i saw this letter, it had 1,100 signatures on it. but there are 100,000 employees right now working in the justice department. >> it's only a small fraction of the stupid lawyers in washington. and the ones that lost any sense of legal education and become political hacks. lou: where do they get the idea that the constitution should be ignored and they can act independents of it. >> in pursuance of their moral cause of removing trump, there is no constitution. did schiff have a constitution in he denied right to counsel. he subpoenaed me for my attorney-client records. it would have been pane outrage if i had been defending a terrorist. the "washington post," cnn, all these people have lost any sense of the constitution. the

deeply embedded the radical dams truly are particularly in the justice department protesting the constitution and the president's constitutional authorityw can anyone say the justice department is independent of the administration when it contains a national security division, just who the hell would they report to? nobody can say national securities anything less then what is in the clear preview of the president of the united states and commander-in-chief, his powers, authority and responsibility is include oversight of national security including justice, 110,000 employees, joining us tonight donald trump's personal attorney former new york city mayor america's mayor rudy giuliani, good to have you here. i have to say when i saw this letter it at 1100 signatures on it and i said -- >> that a lot of signatures. >> 100,000 employees right now working in the justice department. >> only a small fraction of the stupid lawyers in washington and the ones that have lost any sense of legal education have become political hacks. >> where did they get this idea the constitution is to be ignored and the justice department -- >> ignoring the cons

robert muller was placed under the authority of the department of justice and it's deputy attorney general rod rosenstein. his new orders give him far reaching powers. moller can investigate moscow's relations with the trump campaign and any other matters. most are waste no time immediately orders the preservation of millions of official documents forbidding the destruction of records that could be useful in the russia probe e-mails phone records audio recordings metadata and storage devices recordings adventure or exit of the building's video surveillance once a person or a company or or a bureaucracy knows that there's a criminal investigation to destroy evidence after that becomes a federal crime and so i think mahler's 1st move was a smart one but the order also shows that there is a concern that these documents might be destroyed by a white house that is trying to hide the truth from investigators. this was only the beginning of a bitter struggle between mahler and the president of the united states. so we have mr miller who is known as a tough cop he's a big impose in 6 foot somethin

happened because robert mueller put in his report that he did not think he had the authority because of the justice department policy that a sitting president cannot be indicted. that policy is the same authority as an employee handbook. it's not the law, it is simply the policy of the people who ran the justice department at the time. , ishat could be overturned it likely to be overturned? who knows. one question would be would president sanders or warren or biden, any of the democratic candidates, would there attorney general do an independent investigation and consider whether to bring charges against to of the folks involved ukraine and russia. i think that would be problematic from any democratic president coming in. it would look like sour grapes, payback, retaliation. so it might be easier for them not to do that. and for that reason i think you actually understated the risk to our country as a result of this moment. when i was a prosecutor, i made aboutnts in hearings something legal scholars call specific deterrent. what that means is i tell the to sentence this person to a term of years so that he l

department in the executive plan much is independent of presidential authority. 92% of you said absolutely not. the constitution gives the president all the authority he needs to intervene in the justiceent whenever he wishes. president trump: the southern general is a man of incredible integrity. just so you understand. i chose not to be involved. i guess i'm the cheech law enforcement officer of the country, but i have chosen not to be involved. top stories mike bluing after a week of controversy as six democratic presidential homefuls hope to win big at tonight's vegas debate and will the the glove come off and how is former new york mayor going to respond to all of that? >> overnight a new pace of corona virus confirmed in california as more quarantine americans return home. the growing concern here at home -- and tired of getting robo calls well you don't have power to sue the callers with just a touch of a button yeah it is wednesday february 19th and

department in the executive plan much is independent of presidential authority. 92% of you said absolutely not. the constitution gives the president all the authority he needs to intervene in the justice of incredible integrity. just so you understand. i chose not to be involved. i guess i'm the cheech law enforcement officer of the country, but i have chosen not to be involved. lou: good night from new york. trish: the fate of one man, a low pressure trump supporter, roger stone, as a federal judge refuses to postpone his sentencing a-mid his lawyers pushing for a new trial. good evening, i'm trish regan. the president made his opinion known. this was and is not right. it was a very, very rough thing that happened to roger stone. when you look at what mapped with comey after a

the executive ranch is independent of presidential authority? 93% of you said absolutely not. president trump today making it very clear that the constitution gives the president all the executive authority required to intervene the justice departmenteral is a man with incredible integrity. just so you understand i chose not to be involved. i'm allowed to be totally involved. i'm actually the chief law enforcement officer of the country but i've chosen not to be involved. lou: that's it for us. jordan chang and dr. anthony fauci among her guests. please join us. good night from new york york. trish: the fate of one man, a low pressure trump supporter, roger stone, as a federal judge refuses to postpone his sentencing a-mid his lawyers pushing for a new trial. good evening, i'm trish regan. the president made his opinion known. this was and is not right. it was a very, very rough thing that happened to roger stone. when you look at what mapped with comey after a 78-page

the people pu to get back at his enemies. donald trump is now claiming complete authority over the department of justice saying he has the righto direct a criminal investigation whenever and wherever he wants to. the president quoted attorney general barr today as saying the president has never asked me to do anything if a criminal case. but more ominous trump goes on to say this doesn't mean i did not have, as president, the legal right to do so. i do, but i have chosen so far not to. this is a blunt assertion of unitary executive power that seldom if ever heard from an american president and in response to a rare rebuke from bill barr who told trump to stop tweeting and talking about cases before the department of justice. >> you know, i think the -- i cannot do my job here at the department with a constant backgrou background commentary that undercuts me that is why i think it is time to stop the tweeting about the department of justice criminal cases. >> let's ignore the attorney general plea following his public effort to assert -- insert control over the justice department for political purposes. the president lobbied fo

regardless of the rhetoric used, nadler and others are frustrated, but the president runs the department of justice. he has the absolute authoritye authority to make these calls on who to prosecute and recommends whether paul manafort is houseed in rikers. >> shannon: good to have you with us. breaking coronavirus news. official worldwide cancelling public events. first hillary clinton launches a new pod cast. she was inspired by cone an o'brien. she will address a variety of topics and conduct interviews with big name guests. a los angeles man was arrested this week after stealing a hearse with a body inside. it was missing for 12 hours before being spotted on the road where the driver led police on a wild chase. before crashing into 3 carc. the body was returned to the family members. -- a rapper from the '80s group public enemy lashing out at bernie sanders for promoting a false narrative to the american people. sanders touted his endorsement from public enemy. but he won't be performing am only a former partner. ht, not what's easy. so when a hailstorm hit, usaa reached out before he could even inspect the damage. that's how

fbi that's a crime third, the justice department overruled flynn's proposed sentence from six months to probation, raising suspicions that even though the president has authority to pardon, he may be trying to make a political case to pardon flynn. lester >> andrea, thank you >>> michael avenatti, the lawyer who represented porn actress stormy daniels in lawsuits against president trump was found guilty today of tr t from nike. prosecutors said avenatti wanted the money to keep silent about evidence he said he had involving misconduct by nike employees in recruiting college basketball players >>> there's breaking news about the first steps toward a deal end the war inan to afghanistan which could mean american troops coming home richard engel has late details. >> reporter: u.s. officials tell nbc news tonight a framework is in place to potentially end america's longest war. though it remains a fragile work in progress first, the taliban would have to implement a significant and demonstrable reduction of violence for at least a week the u.s. and the taliban would then sign an agreement. the u.s. drawing down troops from around possibly with more to follow since

the constitution. he keeps referencing article 2, and that takes full faith to execute to law. that doesn't give him absolute authority over the department of justice. he cannot undermine the bill of rights, due process, someone's first amendment rights to be able to associate or be part of a political party or speak their mind. and he cannot put his thumb on the scale in the future in favor of favoritism. he has to actually enforce the laws as they are written. so as the president says i could certainly go about and talk about the enforcement objectives or the enforcement priorities, but he cannot go around saying this person i do not like, throw the book at them, this person i love, retreat from any prosecution. that would be giving the president more power than even king george had, and the founding fathers would not have done that in revolutionary time. >> but you said he can't. do you mean he shouldn't or can't because he's certainly trying to. >> well, he should not and under the constitution he cannot exercise absolute authority for corrupt purposes or motives. >> shimon, walk us through this. two big stories. andrew mccabe being dropped and

the department in the same way because, hey, they're all corrupt anyway. i'm not doing anything different so it's okay if i exert this authority on the department of justice,he whole thing is corrupt. the system's corrupt. it's all a swamp. >> real quickly, jeff. >> it's not a swamp. i mean, you know, i was at a much lower level in the justice department than these two guys. and, you know, i was so proud to be associated with the lion prosecutors who were there through one administration after the other, just trying to do the right thing. and, you know, to see the -- the -- the president using the judicial system in a way that richard nixon didn't even do. that richard nixon wouldn't have stooped to. is something that is really chilling and we are not at the end of it. we are in the middle of this effort, and i don't know which way it's going to go. >> preet, just lastly, we actually have some breaking news that i want to share. "the washington post" just now, the reporting that the impeachment trial as it was ending, the impeachment trial, federal prosecutors in new york were reaching out to witnesses. and they were collecting additional documents relatin

the people pu to get back at his enemies. donald trump is now claiming complete authority over the department of justice saying he has the rightnd wherever he wants to. the president quoted attorney general barr today as saying the president has never asked me to do anything if a criminal case. but more ominous trump goes on to say this doesn't mean i did not have, as

. >> we got some news just in from the justice department about the fbi official who authorized the investigationto president trump. so, charges or no chorgs for andrew mccabe? >> reporter: no charges for andrew mccabe. we're getting word from andrew mccabe's attorney that the department of justice has decided to drop the investigation into the former deputy fbi director. of course, important to know that andrew mccabe is a cnn contributor. we're now getting word from his attorneys that the department of justice which has been pursuing charges, looking into whether or not the former deputy director had lied to the inspector general during their investigation into leaks, whether or not he lied to them about his contact with a newspaper, with a reporter and that information was subject of an investigation by the inspector general who then referred the case for criminal charges to the washington field office. u.s. attorney here in washington, d.c. it's kind of been in limbo. we haven't had any word on where the case was going. there was a lot of expectation. there was word that perhaps the departmen

the justice department. it looks like compromising of the prosecutorial authority of the said government.nd now speaking about the lawless move of angus king. so, senator -- the most charitable interpretation of the senate facts is basically everyone's trying to pawn him off on someone else and everyone's yes bossing him about this. but this is the president's personal attorney funneling the very dirt in which he was impeached over directly to the department of justice. is that okay? >> no, it's not okay. there's state department, department of justice and the idea the personal attorney is doing this kind of work. i thought frankly one of the most damming pieces of the famous phone call, which wasn't perfect, was the mention of rudy giuliani. if it was all about corruption generally or all the things the white house counsel talked about during the trial, why did the president say to the president of ukraine talk to rudy, talk to rudy giuliani. he's a great mayor. he's on his own mission. that dopt doesn't involve u.s. policy or the interest of the united states. it's a political errand. a

spokesman wrote about that ruling, today's decision rightly recognizes the lawful authority of the attorney general to ensure department of justicents are not thwarting federal law enforcement priorities. this welcome news for law enforcement like maryland sheriff chuck jenkins who told laura in the last night how long they've been dealing with criminals who shouldn't be here in the first place. >> this has been affecting us for years prior to them declaring sensory status we were single, global and, criminal illegal aliens come up from, and pg counties, leading to frederick county, we've been dealing with a crime. >> there is a push back. bill diblasio vowing to take this fight back to court, he writes donald trump's latest retaliation against his hometown takes away security funding from the number one terrorist target in america all because we refuse to play by his arbitrary rules and the latest ruling very well could go to the supreme court as it conflicts with sanctuary rulings from other appeals courts across the country. shannon: senator elizabeth war and apologizing after the cherokee nation criticizes her for these claim

the deputy attorney general, the number two official at the justice department during the presidency of george h.w. bush. you speak with some authoritythis. what do you expect now that the president has so publicly railed against what's going on? these are justice department prosecutors who are going after roger stone and michael flynn and these others. >> what i hope will happen is that there will continue to be uproar about all of this, and an uproar from the people about what has gone on, and that all of these factors together may in fact encourage mr. barr to leave. everybody has said, including the folks who signed the letter of former prosecutor, we call on him to leave, and don't think he will. if enough people stand up and make an issue, there's petition i'm aware of, probably more than one. there's one by the citizens for responsibility and ethics in washington, that's got 90,000 signatures and i think people need to speak out and demand that bill barr resign. >> bill barr's not going anywhere. because he's a toady, because he was picked. he didn't believe in the mueller investigation, and look at what he has done, he has go

the doj spokesman wrote this, today's decision recognizes the lawful authority of the attorney general to ensure the department of justiceecipients are not at the same time affording federal law enforcement priorities. this is welcome news for law enforcement like chuck jenkins who just told laura ingram last night how long they have been dealing with criminals who shouldn't be here in the first place. >> a largely rural county, population 250,000 people but we never solve problems with gang crime, criminal element that bled over from the hotbeds of illegal aliens. jillian: he says they've been dealing with it for years, new york city mayor bill diblasio vowing to take the fight back to court, he writes donald trump's latest retaliation against his hometown takes away security funding from the number one terrorist target in america all because we refuse to play by his arbitrary rules and the latest ruling could go to the supreme court as it conflicts with sanctuary rulings from other appeals courts across the country. rob: doomsday called mother lori vallow will go back to idaho looking for missing kid. where are jj and

the trump justice department. it is true as donald trump tweeted today that he has the legal authority to direct all the prosecutions, to take care of the law is executed. he have -- we have tried to keep the white house and the justice department at arm's length, culminating in watergate and it helps donald trump in the end, it gets cleared by mueller. and donald trump allowed the justice department to be independent. >> he was frustrated by this. doing a deep dive, outside the original prosecution, want to look into the michael flynn case. michael flynn pled guilty to his own admission to lying and mccabe is connected to that because he and comey okay the attorneys who talked to this plan. >> they are now standing with respect to mccabe. they tried to bring those charges before, the grand jury declined and this will sometimes happen. we don't see enough here. i take your point about the lives or awaits found but in terms of making a criminal case it is a stretch. interesting however, they could have folded up their tent, it is hanging in the wind. i understand the confusion of the public. there are mixed signals b

reporter: the president tweeted saturday fat mccabe quote authorized media leaks to advance personal interests. the president praised the justice department for the way it's handling the case against roger stone. prosecutors planned to ask for a 7-9 year sentence but senior doj officials overruled their decision. >> i have not discussed the sentencing with the white house. >> everything about barr is about loyalty to donald trump. he should not be the attorney general. reporter: barr will be forced to explain some of his decisions at the end of march before the house judiciary committee. chris: joining us now, counselor to the president, kellyanne conway. welcome back to "fox news sunday." what does the president think of the decision to drop the criminal investigation of former fbi official andrew mccabe. does he think mccabe should be prosecuted? >> the president realizes people feel there is a two-tier criminal justice system. for somebody hillary clinton andy mccabe, he was the number two and for a while the acting director after comey was fired. no one, including andy mccabe or lisa page denied he lied. he didn't lie once, he lied mu

it is best the department of justice be allowed to prosecutors, cases without interference from politics but at the same time the department of justice power and authority is derivative of the president's executive power, if the president as you tweeted about if you wanted to, he could, it would be bad practice and many of us would not recommend him doing that, part of the executive branch. i don't think the roger stone case is going to turn out, sentencing recommendation. a lot of prosecutors have said it was excessive in the recommendation the enhancements under the sentencing guidelines appeared almost wreck only and in their application and you look at president and other cases they are in the 1 to 3 year range. heather: a case to be made for what you said that i talked to a number of prominent republicans, they would prefer the president quietly relay that behind-the-scenes and tweet about it to william barr and the second abc interview as you know by now he wished the president wouldn't do this sort of thing, makes his job a lot tougher. do you think the president weighing in, keeps the matter worse. >> it draws the public's attention to it, the p

they said he has the authority to direct the political prosecution by the department of justice and claimed that he hasn't done it yet but he can if he wants to. what will he do not just next week but what will he do if the people don't rise up and he is reelected? >> i'm going to ask one more question and i would urge you to stand here by the microphone so we can hear you and respond to your questions. you talked about leadership in the senate and while that was a moment in american history, it appears there was still a level of common ground we have in this country. we have so it would appear a very, very polarized country. we know there's one world where people watch fox and another they watch cnn or msnbc and we just don't seem to find that shared common ground. and if you don't have that common ground, how do we get to where the congressman raskin's is talking about the people perceive ourselves to have a shared interest enough that we rise up together. do you think, congressman, let me start with you, do you think that there is a way to find that common ground today? stanek accepting

the justice department's inspector general had accused him of repeatedly lying about authorizing a subordinateare information with a newspaper about an fbi probe into the clinton foundation. mccain has denied he intentionally misled anyone. is 2018 firing was politically motivated. defense officials are standing behind her decision to divert nearly $4 billion in funding for military aircraft and other programs to help pay for a walk on the u.s. mexico border. some in congress and the move was illegal. defense secretary mark t. esper border security is national security, and our national security is our mission. the pentagon also indicated that more money may be moved to pay for the wall. city wherechinese the viral outbreak began, is taking new steps to slow the spread of the infection. officials say residents must stay home who are set to receive medical ca

criticizing mccabe over his role on the russia probe and tweeted saturday that mccabe "authorized to advance personal interest." the president praised the justice department changing the way it has handled the case against roger stone. stone was convicted in november on multiple counts of lying to congress. prosecutors plan to ask for a seven-nine year sentence, but senior justice officials overruled the recommendation and plan to push for shorter sentence. >> i've not discussed the roger stone case at the white house. >> democrats don't buy it and are calling for barr to step down. >> everything that bill barr is about right now is just about loyalty to donald trump. we just cannot have that. he should not be the attorney general. >> barr will be forced to explain some of his positions. he is expected to add up to the house judiciary committee for hearing at the end of march. chris. chris: mark meredith reporting from merrill lago. thank you. joining us now counselor to the president kellyanne conway. welcome back to fox news sunday. >> good morning. chris: what does a president think of the decision to drop the criminal investigation of former fbi offic

it's overwhelming, the fbi still to this day, even with this new policy in place about the department of justice authorizing investigation, but just the fbi in general, when would they get started on foreign influence in the election? what is their mandate? how would they contact any of these political campaigns at this point and -- for those political campaigns to think, okay, this is a legitimate concern, yet i've seen the president say, don't trust the fbi. i've seen the president if i get information from a foreign country, i might not take it to the fbi, i might keep it. that's very contradictory. >> it was striking to see the attorney bill barr as part of the cheering section at that campaign rally in the east room, there's no other way to describe it. yet he's issued this judgment that -- going forward there will be no investigation of candidates that is not approved by him. in a perfect world, that would seem rational that you should at the highest level approve any kind of potential explosive investigation. but knowing bill barr -- >> i think that's right. i think the policy on paper is an appropri

the same court decided to keep another major change on hold, the justice department statement says the rulings ignore the constitutional authority of congress and the administration. we may just be ours from history in afghanistan. the u.s. and the taliban are scheduled to sign a peace agreement that is supposed to mark the beginning of the end of america's longest war. senior foreign affairs correspondent greg palkot is in kabul tonight. >> the last day in a weeklong of reduction in violence. make involving the >> we've seen these last six days a significant reduction in violence in afghanistan. >> thus paving the way for the signing saturday between an agreement between the u.s. and delavan, calling for the reduction of u.s. forces in afghanistan and a severing of ties between the taliban and other terror groups. >> this is a good thing. >> u.s. troops here in afghanistan have been fighting a war for some 18 years. the people of afghanistan have been living with war or some four decades. so even the possibility of peace is making some people here hopeful. >> we hope to finish the war. >> that hope illustrated in this public se

week he said he has the authority to direct political prosecutions by the department of justice. he claims he hasn't done it yet, but he can if you wants. week, whate do next will he do if the people don't rise up and he is reelected? i will ask one last question. those of you who want to ask questions i urge you to stand by the microphone so we can hear you and respond to your questions. karen, you talked about leadership in the senate. while that was a very divisive moment in american history, it somered though there was level of common ground we had in this country. we have, so it would appear, become a very polarized country. worlds.t live in two one world where people watch fox, and another where they watch cnn or msnbc. we don't seem to find that common ground. if you don't have that common where, how do we get to congressman raskin is talking about where we the people perceive ourselves to have that shared interest enough that we rise up together against saying, t they get straight a's? that mindset? do you think there is a way to find that common ground today? jamie: i do

the us illegally from mexico. a justice department statement says the ruling ignores the constitutional authority of congress and the administration and appeal to the supreme court. donald trump scoring a legal victory as a federal appeals court delivered a massive blow to house democrats. we will explain next. of sync, of sync, keeping me from the things i love to do. talk to your doctor, and call 844-214-2424. hi with the world'se first invisible trailer. invisible trailer? and it's not the trailer right next to us? this guy? you don't believe me? hop in. good lookin' pickup, i will say that. oh wow. silverado offers an optional technology package with up to 15 different views - including one enhanced view that makes your trailer appear invisible. wow. - that's pretty sweet. - that's cool. oooohh! that's awesome. where'd the trailer go? i love it. it's magic. ♪ the sun is risin' ♪ ♪ as the day begins ♪ time for reflectin' on family and friends ♪ ♪ and hey, we got somethin' ♪ ♪ just for you (sniffing) ♪ it's a cup of your favori-i-i-ite... ♪ (loud splashing) (high-pitched laughter) dang woodchucks! with geico, the

has expressed questions about the origins of the russia investigations and he has enormous authority to review whatever he wants to at the justice departmentit. but there's one problem -- i was at the courthouse when michael flynn agreed to plead guilty and he said over and over again, when asked, did you do this? did you lie to the fbi? asked again, was anyone pressuring to do this? he said he was not being pressured. i don't know how you resolve that. >> that's tough one to get around. >>> i want to turn to 2020 which has dominated our weeks, our year, maryalice parks, when you look at iowa, new hampshire, and leading into the caucus and debate on wednesday, just go through your take on this. we forgot that bernie sanders came out of new hampshire and this is a very big week for him as well. >> look, it's all about who can be in position on super tuesday, and that's only 15 days away from today, 30% of the delegates are up for grabs on that one day alone. senator bernie sanders' team feels incredibly confident. they're looking at this national infrastructure that they have. they're going into nevada, he has five-times of staff on the gro

the tweeting about the department of justice criminal cases. >> reporter: president trump reject that go rebuke, returning to twitter reasserting his authority, insisting despite evidence to the contrary he has had so far chosen not to interfere, but claiming the legal right to do so there is no law from preventing the president to direct his attorney general but since watergate, presidents have largely respected the doj's independence from the white house tonight the justice department announcing it will not seek criminal charges against former fbi deputy director andrew mccabe, a frequent target of the president's. >> but andrew mccabe is a bad guy. >> reporter: tonight may mccabe reacting. lester >> peter alexander, thank you. >>> back to that bombshell now. attorney general barr re-examining the case against flynn with an outside prosecutor andrea mitchell joins us now how unusual is this move >> this sets off millionaire arms they say they should call the inspector general, not a prosecutor flynn wants to withdraw his not guilty plea, saying the fbi surprised him, but former prosecutors saying being surprised is not a crime the justice d