housekeeping to set the rules for that vote. democrats clearly have the numbers, including a growing number of members from districts that the president won. more and more of them are coming forward overnight saying they will vote to impeach. america americans, koraccording to the polls evenly split on the matter. 45% believe the president should be impeached and removed from office. 47% now say they do not. also breaking overnight, rudy giuliani's stunning new interviews. the president's personal lawyer confirming that he briefed president trump, quote, a couple of times earlier this year about removing then ukraine ambassador marie yovanovitch. giuliani says she was impeding his ability to look into these things for president trump. in a separate interview, giuliani said he needed to get yovanovitch, quote, out of the way because she was going to make investigations into the president's political rivals difficult for everybody. >> can't have that. >> i appreciate the candor. joining us now are david chalian, cnn political director, kirsten powers, cnn political analyst and jeffrey toobin, cnn chief legal analyst and staff writer for the new yorker. we'll put giuliani on ice for a second. >> okay. >> can i tell you the entire republican membership of congress would like to do the same because he's making their lives more difficult. >> i suppose so. i mean, except that he's doing it with complete impunity. he speaks. he gave all these interviews. there's nothing abashed. he's explaining what he was doing trying to get owe van vyo out of the way. i said i wasn't going to talk about that. lets get to the jokes. how is it that mitch mcconnell said he's coordinating every step of the way and the white house when he's a juror. >> to offer a partial defense, when the framers set up the jury they didn't pick a jury like in a criminal trial with people who are not known to have previous opinions. they picked politicians, so they knew people would have pre-existing views. what mcconnell is doing is taking that to a kind of ludicrous extreme. the idea that every step will be planned with the white house is certainly not something that the framers contemplated, but it is also true that the framers did not -- you know, did not select, you know, people who were impartial jurors, right. >> fair enough. >> before we get to the senate trial, and it's coming soon, we have to get through this impeachment vote tomorrow. kirsten, i have been struck by the last 24 hours when more and more of these democrats in swing districts or districts that trump won have come out and said they are going to vote to impeach. more than i thought would, and for more of them it seems like a more clear decision than i thought it would be. joe cunningham from south carolina, ben mcadd damams of u both coming out for. daifrd's going to tell us what the polls say in just a moment. why are more and more of these democrats voting with their feet right now? >> i think they're voting their conscience honestly. i'm not that surprised by it. remember this whole process basically started when moderate democrats came out and said this is a bridge too far. they just felt it was such a cut and dry clear violation, and it's something if you don't -- if we don't address this now, then in the future presidents can basically do whatever they want. so i think that -- you know, and i think elissa slotkin said if i lose my seat, i lose my seat. sometimes people actually believe it or not in washington do things because they think it's the right thing, not just for political reasons, and it's not without risk. that said, i think that we could also overstate how much impeachment's going to play a role in their races. it could be a couple points or something like that, but i don't think it's dispositive. i don't think because you voted for impeachment that necessarily means because you're in a swing district you're going to lose your district. >> i agree with all of that. i would just add a slightly more cynical point, which is that if you are a democrat and you need to fund-raise as all these people do, it's going to be very tough to fund-raise if you vote against impeachment. and mike bloomberg, in addition, has said he's going to spend $10 million independently to protect democrats in swing districts who voted for t impeachment. >> give aus a read on where the polls are right now with impeachment. you told us earlier that the support has softened a little bit among democrats. >> yeah, i mean, john showed the numbers. this is a country divided on this, 45% support impeachment and removal, 47% are opposed. if you do look by party, alisyn, you're right, you see a decline from our last poll from democratic support from 90% to 77%. you see independents holding roughly steady, in a slight decline among republicans. that november poll was taken right on the heels of that house intelligence committee hearings, all the public evidence being put forth to the american people, and probably because of how damning the evidence is, democrats probably were at their most enthused, engaged and in supportive mode of impeachment. in the weeks since then, it's been much more political warf e warfare, but let's be clear, overwhelmingly democrats are supporting this. overwhelmingly republicans are opposed. >> can i just say to my twin brother i don't believe that poll for one second, the 90 to 77%. i don't believe it. it makes no sense that that number would change like that. >> it's a subset of the poll. the margin of error when you look at just democrats is like 6.7% in here. it's not a wild switching. it's just where the movement is in the poll. i don't know what's not to believe. you call people on the telephone, you get their information. you pop out a survey. this is what those that we polled told us. >> i get it. life has shown us that polls are sometimes wrong, and david, that poll is wrong. just because i said so, okay? >> wow. >> it could be that -- go ahead. >> i think one of the reasons that i had a similar reaction in the sense that it doesn't -- if you dig down deeper there really isn't an explanation. the initial thing, well, maybe they've changed their mind because they think it's going to hurt democrats during the election. that's not true. only 13% of them said they thought this would help donald trump. so the question why would they suddenly have dropped? it's true what david said. it's still a will tlot of democ supporting impeachment, but there is a question and the only answer i could think of is maybe they're fatigued, right? i don't know. so i'm not going to go as far as jeffrey as telling david that his poll is wrong. >> what do i know, i thought hillary clinton was going to win in 2016. >> we're going to play some sound from elissa slotkin, she came out in favor of impeachment. i want to play this sound because it's clearly a split. i mean, her audience when she tells them she's going to vote for impeachment, she gets cheers but she also gets jeers. >> what was fundamentally different for me is that the president decided to do this for his own political gain and not for the national security interests of the united states. >> david, you heard both sides there reacting. i want to put up one more number from this poll, which i believe, i frangkly believe polls. 47%, 46% say yes, they favor impeachment. 45% say no, and the point i'm making, there's clearly a divide here. we went to listen to that town meeting with elissa slotkin. now, if susan collins, republican from maine who is up in a tough re-election battle for her senate seat, if she held a town meeting in portland, maine and we sent cameras there, i bet you we'd hear a similar reaction from her voters in this swing state. there are people on both sides of this who feel passionately and, yes, it might be tough for some democrats making the vote, but republicans in the senate are going to have a tough vote too. >> there's no doubt about that. all this attention you've seen on these moderate democrats, these 31 democrats in the trump district on the house side, it immediately turns when the hot potato of impeachment is passed over to the senate to exactly those vulnerable republicans you're describing, collins in maine, cory gardner in colorado, martha mcsally in arizona. look on your screen there, you see a bunch of them there as well as folks who have just been critics, lisa murkowski, mitt romney, the retiring lamar alexander. but those republican senators up for re-election next year, john, in very tough states, they are going to feel some of that heat. and yes, this is what a nation divided on this issue looks like. when you go to a competitive place, you're going to hear both sides of the argument from those constituents. >> does that mean that maybe the impeachment vote doesn't matter that much for these politicians because there's such an even divide? >> i think it's pa trt of the calculation, jeffrey, i really do. as kirsten was saying before, an overestimation perhaps early on of the political risk that might be involved here. but when everyone is so locked in, that political risk could be diminished. >> let's talk about rudy giuliani. rudy giuliani is admitting in various interviews, john said, you know, sounded proudly or bragging, that he had to get -- he was working with these two disgraced, demonstrably corrupt former prosecutors in ukraine, shokin and lutsenko, and they needed marie yovanovitch out of the way because they wanted to do what they wanted to do, and they at no tididn't like that s investigating them. they planted the seed that maybe she should be investigating joe biden. rudy giuliani liked that i suppose, or liked that narrative, and he's saying, yes he had to get her out of the way. i mean, it couldn't be -- sometimes, jeffrey, you want to slap your head when something is just so out there and so obvious. >> you know, everyone should read my colleague adam entos's piece in the new yorker, which is where giuliani first made these statements. this is what i think democrats mean when they say the facts are undisputed in this case. giuliani is admitting that he got the american ambassador to ukraine fired. i mean, that's what he was bragging about, and it's really undisputed. why did he do that sm because he wanted to get dirt on joe biden to help the president. the president had nothing but praise for rudy giuliani. this just shows that, you know, the democrats einartive ' narrae about what happened here. the facts are the facts. >> to your point, it might be that when the likes of rudy giuliani are out there confessing to something like this, that it makes the decision for a democrat easier because you can think of the substance and why this matters to america here. >> yeah, i just think that the -- that they've decided the white house, trump, republicans are decid have decided to double down, and basically say he didn't do anything wrong. there's nothing wrong with this. and i think they're going to continue to do this. that's why they're doing it so brazenly and out in the open. that's their fundamental argument. it's not impeachable because he didn't do anything wrong. if the president wants to investigate the bidens, he can put pressure on a foreign government to investigate the bidens, he can do that. that's of course not true. that's not acceptable behavior, but i think that they're not -- there's just no other reason for rudy to be so brazen and to go out. and of course he's not freela e freelancing, right? he's talking to the president about this. you hear some republicans -- they've kind of stopped doing this, but saying oh, they're going to throw rudy under the bus. even if they threw rudy under the bus they can't because the president's with him every step of the way. >> there are laws against this as you point out, david. i mean, accepting help from a foreign government, encouraging foreign influence in our elections. actually, there are laws about that. >> you're not allowed to do that. it comes to something very simple. just saying it out loud doesn't make it all of a sudden okay. it just doesn't. and the president and his attorney and his supporters seem to think if you just say it out loud of what he was doing, it somehow makes it okay. it does not. >> let's remind people what he said he did out loud, which is pressure the leader of ukraine to investigate a political rival. he told us he did it. we saw the transcript of the phone call, and then october 3rd on the south lawn he admitted to as much. that we can all agree to. jeffrey toobin, kirsten powers, jeffrey sha thank you. we have a reality check for you next. it's tough to quit smoking cold turkey. so chantix can help you quit slow turkey. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting so when the day arrives, you'll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. stop chantix and get help right away if you have changes in behavior or thinking, aggression, hostility, depressed mood, suicidal thoughts or actions, seizures, new or worse heart or blood vessel problems, sleepwalking, or life-threatening allergic and skin reactions. decrease alcohol use. use caution driving or operating machinery. tell your doctor if you've had mental health problems. the most common side effect is nausea. talk to your doctor about chantix. ...she keeps us centered. love you. introducing the center of me collection. because every 'your love keeps me centered' begins with kay. introducing the center of me collection. have you ever worked with dr. francis? oh yeah, he's ok. just ok? guess who just got reinstated! well, not officially. nervous? yeah. yeah me too. don't worry about it, we'll figure it out. i'll see ya in there! just ok is not ok. at&t has america's best network, now with our best plans, at our best prices, starting at $35 a line for 4 lines. new from at&t. again, we are a day and a half by tomorrow night donald j. trump will become the third u.s. president ever impeached. what about the arguments against it that we've been hearing from the president and his allies? how do they hold up? >> guys, you know, we live in an age of disinformation where arguments designed to distract and divide often regardless of facts. with a historic house vote one day away, here are five arguments you might have heard about impeachment and why they don't hold water. number five, there's no crime. >> this president isn't even accused of committing a crime. >> my standard for impeachment has always been a violation of the law. >> a senate impeachment trial is not a criminal proceeding. don't take my word for it. how about this fresh faced south carolina congressman back in 1999. >> you don't even have to be convicted of a crime to lose your job in this constitutional republic. impeachment is about cleansing the office. >> that's right, and there's another reason this argument doesn't work. that's because the house judiciary committee just formally accused the president of criminal bribery and wire fraud in their official report. number four, what obstruction of congress? house republicans have tried to flip it around and are accusing democrats of obstructing congress by exercising oversight. >> who is really obstructing congress? the democrats have no case when it comes to obstruction. this obstruction charge is completely baseless and bogus. >> these are nonsense words because president trump told us he was embracing an obstruction strategy. >> we're fighting all the subpoenas. >> and you could argue that the day trump failed to answer those subpoenas was the day he was subject to impeachment just like the fellow from south carolina once said. >> the day richard nixon failed to answer that subpoena he took the power from congress. >> in modern history we've never gone after impeaching a president in the first term. >> there's no provision. our first impeachment occurred during andrew johnson's first term. it's also closely related to the you're going to nullify the 2016 election argument, which doesn't make sense when you consider that richard nixon resigned rather than be impeached less than two years after he won a massive 49-state landslide. number two, democrats have been trying to impeach trump says day one or maybe even before. >> the impeachment is a hoax. it's a sham. it started a long time ago, probably before i came down the escalator with the future first lady. >> before he came down the escalator, but you know who definitely were talking about impeachment cadays before the election, several republican congressmen gunning for hillary clinton according to "the washington post." it's worth remembering that speaker pelosi and adam schiff opposed impeachment after the mueller report. it was the president's pattern of behavior with foreign election interference that ultimately changed their minds. and finally number one. >> they have no facts. they're trying to just sham it through as best they can to convince the american people they actually have something. >> but we do know the facts after weeks of testimony despite the white house blocking key witnesses. the president asked a foreign power to dig up dirt on a domestic political rival full stop. no one should be an impeachment enthusiast, but the facts aren't being disputed. they're being ignored because they're not helpful to the republican argument. facts exist, facts matter. simply saying the opposite doesn't make it so, and that's your reality check. >> the president told us that he wanted ukraine to investigate the bidens. we read the transcript where the president asked ukraine to investigate the bidens, so we can all agree that happened, right? >> you'd think, but we really appreciate you always going in the time machine and reminding us of how different -- >> just connect the dots. >> very helpful: as the house prepares to vote on impeachment, a freshman democrat may abandon the party. do his colleagues consider that a loss? a democrat on intel is here next. ...she keeps us centered. love you. introducing the center of me collection. because every 'your love keeps me centered' begins with kay. wat t. rowe price, hundreds of our experts go beyond the numbers to examine investment opportunities firsthand. like a biotech firm that engineers a patient's own cells to fight cancer. this is strategic investing. because your investments deserve the full story. t. rowe price. invest with confidence. seaonly abreva cany to help sget rid of it in... ...as little as 2 1/2 days when used at the first sign. abreva starts to work immediately to block the virus and protect healthy cells. abreva acts on it. so you can too. here's the story of green mountain coffee roasters costa rica paraíso. meet sergio. and his daughter, maria. sergio's coffee tastes spectacular. because costa rica is spectacular. so we support farmers who use natural compost. to help keep the soil healthy. and the coffee delicious. for future generations. all for a smoother tasting cup. green mountain coffee roasters. quitting smoking is freaking hard.st, like quitting every monday hard. quitting feels so big. so, try making it smaller. and you'll be surprised at how easily starting small... ...can lead to something big. start stopping with nicorette tomorrow the full house of representatives will vote on two articles of impeachment against president trump. a new cnn poll shows support is nearly split on impeachment and removal of president trump. 45 at the moment yes, 47 no, but it has fallen among democrats. it was 90% in november. now the poll suggests it is at 77%. what's behind this? well, joining us now is democratic congressman denny heck. good morning, congressman. >> good morning, alisyn. do you think support is softening among democrats as we see in that poll? >> i think americans are split right down the middle, and i think it is em plematic of the divisions within this country. i think the more interesting question isn't how the vote's going to come out and what it means, it's how are we going to get past it after we are past it. how are we ever going to find common purpose again as a country? >> what's the answer? >> i don't have it. if i were i probably would be rung for president, but i don't have the answer to that, alisyn, i do think, however, we need to have somebody in the white house who strikes a tone, frankly, of a bit more decency and a bit more of a commitment to telling the truth, somebody who will stand down from an unrelenting attack on a free press and doesn't feel obligated to viciously attack anyone who would dare to disagree with him on any given point on any given day. >> those things don't seem as important to your republican colleagues, and the reason that i say that is because they talk a lot about the stock market, and they talk a lot about the economy, and it sounds like they believe only president trump is equipped to deal with both those things, which they like. they think those things are going gang busters, and so you know, what you talk about wanting in a president doesn't sound like where the president's supporters are right now. >> well, i definitely believe that we need somebody in the white house who understands how the economy works and is looking after it. i would disagree, however, with anybody who asserts that the rise in the wall street is the only valid measure of a healthy economy. i celebrate the fact that the unemployment rate is down to 3.6 or 3.7%, but frankly, alisyn, when you add 266,000 jobs in a single month like we cdid last month, clearly we're not at full employment, and clear will you after 30 years of frozen or paralyzed wage growth it's tyke we look at economic streams that will enable broad participation and prosperity this nation has enjoyed. >> you've been candid about why you're getting out of congress. basically you've said your soul has gotten weary. the countless hours i've spent in the investigation of russian interference and the impeachment inquiry have rendered my soul weary. do you think that's happening to other democrats and some of your colleagues and that's part of what we're seeing in these polls? >> i think it's happening to americans, as a matter of fact. look, but this is not as it's been suggested some kind of a form of spectator sport or entertainment. this is a fundamentally important debate about the future of our republic, and what is necessary in order for us to uphold constitutional principles. so i don't think it's something that we should, quote, tire of, but i do understand the phenomenon because i've admitted of it myself, growing weary of this debate. to be clear, i'm especially weary of those who refuse to accept basic facts. i'm of the point of view that everybody is entitled to their opinion, and in fact, there is great benefit to be had in diversity of opinion. but not everybody is entitled to their facts. i would like to see us get back to the point where we can all be on the same page of the facts, and then we can have a healthy disagreement about what to do with the facts. >> another poll suggests that the vast majority of americans do believe that president trump's aides should be called in this trial, 71% of americans, okay? this is democrats and republicans and independents believe that president trump should allow his aides to testify in a senate trial. so is there some sense that democrats are rushing this? as i understand it, for instance, on january 3rd there's a court case deciding whether house democrats will be able to get their hands on access to grand jury material from the mueller investigation. that's not that far away. i mean, that's three weeks away. is there a way to see this play out a little bit more in the courts and see if the courts can compel mick mulvaney, john bolton, et cetera to testify? >> well, alisyn, there's a court case scheduled on one of the elements of this on january 3rd, which in and of itself will be appealed. obviously the president has made it very clear that he doesn't intend in any way, shape, or form to allow new of those people to testify, and he will order them as he already has to stand down and appeal and that will go on and on and on. let us remember what is the essence of this. the president is trying to cheat in the 2020 election, so for us to basically allow him to stall out the rest of the game, play slowdown offense until the clock runs out of course would enable him to successfully cheat on the election in 2020. that's what we're trying to avoid. >> there are some republican senators who have not been in lock step with the president. i think we have a graphic of some people who have spoken out at different times about the president. do you predict that any republican in the senate will not vote to convict? >> no, i'm not in the prediction game in that specific of a record alisyn. i'll tell you what i would hope for which is that at least enough republican senators would vote for the rules and the approach that they're going to take in the senate, the process itself that would enable a subpoena to be successfully executed on some of the four people that you alluded to earlier, whether or not they would vote to impeach at this point i think is wishful thinking, but they might be willing to set fairground rules that will enable some of the rest of the senate republicans to see what it is that i think is abundantly clear in all of the evidence that has been brought forth to date. namely that there's overwhelm evidence he did this and it is an impeachable offense. >> jeff van drew has signaled he may leave the party after the vote. is that a loss for democrats? >> addition is always better than subtraction as a matter of fact. i think there is not a lot of doubt that one of the reasons jeff reached his decision is that there was a recent poll in his district which showed if he opposed impeachment he couldn't be renominated in the democratic primary. i prefer to add rather than subtract. i have always given to my colleagues the benefit of the doubt of reaching their conclusion to best represent the interests of their district and their own conscience as a matter of fact. i think there's an awful lot of soulful self-introspection going on over the last week as revealed by the number of announcements that were made, and frankly, i trust that that will serve them in good stead over the long-term. we don't give voters enough credit that if somebody comes to a conclusion as a matter of conscience and they face the music. they stand before them, they look them in the eye and they say here's why i decided what i did, then they're going to be given quite a bit of latitude operaon the part of the voters. will some members of congress potentially suffer the ultimate political price for voting either for or against impeachment by losing their jobs? yes. but you know what, alisyn? some votes are worth losing your job over. >> congressman denny heck, thank you very much for being on "new day," great to get your perspective. >> thank you, alisyn. >> there is no question the next 24 hours or so will be historic, but how does this impeachment moment differ from those in the nau nation's past? we'll be right back. 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(loud fan noise) (children playing) ♪ (music building) experience the power of sanctuary at the lincoln wish list sales event. sign and drive off in a new lincoln with zero down, zero due at signing, and a complimentary first month's payment. we are in the middle of a very historic week. in just a few hours, the house rules committee will set the guidelines for debate on the articles of impeachment, and tomorrow the house will vote, it appears, to impeach president trump. here to help us understand this moment in time and history, cnn presidential historian tim naftali. great to have you here. what are your high level thoughts at this moment of this important day? >> well, what i'm hoping tomorrow is that we hear a debate from both sides about the nature of impeachment and what one expects from a president who has faithfully, you know, defending our constitution. you didn't see that in the house judiciary committee. the democrats were making first principle arguments, but the republicans were making this out to be the democrats versus 63 million people. they were making cultural arguments. they weren't getting at the heart of the issue -- >> don't you think we're going to see that again tomorrow? >> i fear we will, butdow you k, i'm starting with the hope. after all these impeachment debates don't happen very often thankfully in our country. i hope this, by the way, won't become the new normal. what you really expect at this point and i'm sure what the founders expected was that it be a serious discussion of whether the conduct of the president is threatening our constitutional order. that's what the threshold is. let's put up on the screen the faces that president trump will join as of tomorrow night. this one includes andrew johnson, richard nixon, bill clinton, and now donald trump. i can do sock puppets if we don't have the faces here. >> can you? >> he will be one of three presidents ever impeached. there will be four who have faced approved articles of impeachment. donald trump beat richard nixon on one thing. but donald trump will be impeached, richard nixon never even made it that far. >> never made it that far. >> jim, you studied this so closely. what have past presidents, how have they felt after the fact, after these moments where they are condemned by congress like this? >> oh, it's terrible because this is a -- this a stain forever. richard nixon nearly died, i mean, he was very -- he was physically ill and emotionally exhausted when he left the office of president of the united states in 1974 and nearly died that fall. every president who's been impeached feels he's in a struggle with history. for the rest of time they're going to be struggling, actually fighting this over and over again to prove to the public and to history, whoever history is, that they were wrongfully accused. so this is the gung beginning o struggle. president trump has had this struggle. he's been fighting with history since the start, to the extent that he cares about it. this is a battle forever that he is about to wage. >> i'm sure with bill clinton beating impeachment is worse than being convicted and thrown out of office, yet it sticks with you is what you're saying. >> he will be in that select -- there's a president's club, and that's a great club to be part of. this impeachment club is not a great club to be part of. it's not a club you want to join and it's a club you can never leave. >> but can't we assume that the clinton lens or the nixon lens just doesn't apply here? and the reason that i say that is because president trump has such support still among the republican senators who have surrounded him that will this be as ig know man mouse experience? >> that's the thing, that's what makes history so much fun to do and so important. it evolves. i can't tell you right now what the legacy will be of donald trump. we don't know yet. there's a lot of things to look for, number one 2020. how do the american people react? number two, will we get more evidence? probably not at the trial but maybe afterwards. nixon's impeachment, the understanding, the reason for it has grown deeper and deeper with time ads we've gotten more evidence. bill clinton's impeachment has become less and less significant, although in the #metoo movement and moment right now, we begin to ask maybe he should have resigned for other reasons. it's too early to tell, but i'm telling you right now, this is a struggle that donald trump will have for the rest of his life. >> bill clinton's approval rating was in the 60s when he was impeached. donald trump is ten miles from the 60s. there's a big difference there. >> the people who are surrounding the wagons -- is that the word -- >> circling the wagons. >> he had public support. overall the public looked much more favorably on bill clinton than donald trump. mitch mcconnell has been studying, and what has he been stu studying? your book. >> congratulations. >> what has he learned from reading your book on impeachment there? >> you know, i teach at nyu and this is exam season, and one of the challenges in exam season is the hope that people will read the assigned readings and maybe glean from them what you're hoping they'd learn. peter baker has a magnificent chapter in our book. i wrote the chapter on nixon. he has a great chapter on the clinton impeachment, if mitch mcconnell read it carefully, he would see that what our country needs at a divisive time -- look, 1998, 1999 very partisan time, too. what we need are senate rules for the trial that all senators feel comfortable with and the american people understand it's a fair trial. the vote was 100 to 0 for the rules that majority leader trent lot and tom daschel put together in 1999. mitch mcconnell clearly he didn't read the book in that regard, what he should be doing is working with senator schumer to come up with rules that both sides can find acceptable. >> would those rules include live witnesses? >> well, actually, in 1999. there was a debate. what they decided is they would have two votes, one vote in the beginning. we will see if we need witnesses later. then they had a second discussion, and they decided not to have live witnesses but four witnesses on videotape. at the very least, they should have witnesses, and i hope it will come to that understanding this time. but right now with the majority leader saying he's tied to the white house, i don't know if we're going to get that nonpartisan understanding that we need as americans. >> great to get the historical perspective from you, thank you very much for all of your expertise on this. >> my pleasure. now to this news, a deadly outbreak of tornados slamming the southern u.s., the new images overnight from the hardest hit areas. but this season, a more thrilling journey is calling. defy the laws of human nature. at the season of audi sales event. male anchor: ...an update on the cat who captured our hearts. female anchor: how often should you clean your fridge? stay tuned to find out. male anchor: beats the odds at the box office to become a rare non-franchise hit. you can give help and hope to those in need. ...she keeps us centered. love you. introducing the center of me collection. because every 'your love keeps me centered' begins with kay. did you know that feelinger sluggish or weighed down could be signs that your digestive system isn't working at its best? taking metamucil every day can help. metamucil supports your daily digestive health using a special plant-based fiber called psyllium. psyllium works by forming a gel in your digestive system to trap and remove the waste that weighs you down. metamucil's gelling action also helps to lower cholesterol and slows sugar absorption to promote healthy blood sugar levels. so, start feeling lighter and more energetic by taking metamucil every day. all right. we have the remainder of holiday cookies. >> this used to be full but somehow the camera crew got a hold of it. >> and apologies to one of our morning show rivals we are calling them holiday cookies because why not. any holiday you want, these cookies are for. markets in asia moving higher as the u.s. and china appeared close to agreeing to a phase one trade deal. the deal with the u.s., mexico and canada will go to a vote this week. christine romans who took the naked gingerbread man. >> this looks like a target bull's-eye, but i hear it's delicious. >> john avlon, senior political analyst. >> this is kind of a peppermint -- >> that will ruin your suit in a heartbeat but it will be so worth it. >> these trade deals closed at the end of this calendar year, or so we thought. give us a status report on both. >> the usmca, the old nafta, it looks like that's going to head to a vote in the house this week there were last-minute worries from the mexican government about what is this enforcement? they want to send five americans to audit our factories in mexico to make sure we're living up to our end of the agreement? they did not like that. the u.s. managed to smooth over those feathers over the last day or two. the big deal over these trade deals has been we never enforce them. people make promises about not just having terrible human rights records and terrible environmental records and labor standards. we're like, okay, just outsource your factories. enforcement is really important here. on the china deal i'll say it's an important, symbolic win for this white house. they want to go into the election with these two wins under their belt. convince the american people it's the economy stupid. you're better off today. you feel good. but this was low-hanging fruit. a lot of economists agree it took them a year and a half to do the easy part and a lot of hard stuff for next year and still uncertainty for american businesses. i'd call them a symbolic victory. >> i'm also reminded of when trade rep peter navarro or adviser came on our show and talked about this whole laundry list of the things china was going to have to do and did they get that? >> no. this is not the grand bargain the china hawks hoped for at all. this is essentially a retreat and declare victory. they avoid raising tariffs. they smooth things over for markets by saying there's a first base deal heading into the next election but it doesn't deal with any of the fundamentals. that's after we spent twice as much on the auto bailout as we did on farmers to smooth the effects of this trade war. the trade war is not over. >> twice as much on farmers as the auto bailout. >> twice as much on a self-inflicted farm crisis than the auto industry. >> i remember when republicans didn't are like the auto bailout and so much human cry and you are saying twice as much -- >> yeah. >> -- to make this farm thing. >> you could say redistribution of wealth. orchestrated by republican administration. >> wouldn't that be socialism? >> i was told there would be no socialism. >> $50 billion of farm purchases. how much did it cost u.s. taxpayers and consumers in tariffs over the last year? >> $28 billion for the farm bailout and something like $5 billion a month i want to say for american companies that had to pay for the tariffs. there are still tifrs and some strategic tariffs on. china has this china 2025 made in china strategy to try to dominate all high tech. the united states still has tariffs on those things to try and protect american companies in that industry. >> the national security struggles with china are still not over. >> they're real. >> they're very real and increasing bipartisan consensus on that. this is a backtrack for political purposes. and just because they don't want the economy to have that drag heading into next thing. usmca is a win for the trump administration. democrats are happy about it. it's essentially just a reforming of nafta. but the president can check that one off the box. >> okay. and so peter navarro did not get what he wanted. >> to return to your main point. >> the stock market is hitting record highs again. the president tweeting, i never get tired of pointing out stock market record highs, except when the stock market is going down and he says i don't watch the stock market. but that is this president and they will try to spin or highlight what is -- it is -- the stock market is at record highs. that is the truth. does that carry all voters, though, into the election? >> wall street versus main street. that division is basic. we also learned something very much important about this. in 2018, 91 companies paid zero in corporate taxes. and the effective rate is 11% versus the 21%. >> that's remarkable. i'm glad you brought that up. that is from, as you said yesterday, institute on taxation and economic policy. companies paying a collective tax rate 161%, barely more than half the 21% rate established by the tax law. >> it's 2121% tax rate for years i've heard companies say we need a corporate tax rate like 21%. they got a rate lower tan asked for and used it to buy back shares which benefits shareholders not building big factories and things like that. i wonder how that tax message will resonate. what i hear from allies of the president is that they think the economy is good for them. they finishing the election happened today and voters went in to the polling place with the economy on their mind, their own personal finances on their mind, trump will win. >> the economy is in a different place than in september when the trade curve was inverted. >> it's stabilized. >> we have a story called fomo, the fear of missing out on early gains in the stock market in the beginning of the year is something that could drive the market in the early part of the year. >> that never works out for investors. >> that's true but you have this symbolic burst little tranche of this trade deal is done. it is symbolic. also a balance sheet at the fed that is huge. there's still a lot ever fed liquidity and 2% economic growth in the u.s. check, check, check, those could be reasons the white house is happy about. >> i'm not going to bring up the deficit. >> that also is at record highs. >> we've decided deficits only matter if a democrat is president. >> and wealth redistribution and deficits and picking winners and losers is so 2009. >> socialism only works if it's a republican in the office. i'm glad to have these new notes. >> glad to have this talk. >> the world is upside down. we have some breaking news to get to. at least three people are dead after more than two dozen tornadoes have hit the deep south. howling winds whipping past a home in guntown, mississippi there. a tornado destroying a church and severely damaging homes. also a tornado in louisiana destroyed a school minutes after teachers evacuated students to the church next door. local reports say they survived by ducking under pews. the chuch in the end was a total loss. thank you to our international viewers for watching. for u.s. viewers, we have new questions about rudy giuliani because rudy giuliani is confessing to a lot of the actions that led to the president's inevitable impeachment. "new day" continues right now. this is the official start to what you're going to see on the house floor. the most final votes on the articles of impeachment. >> the top allies are concerned about a handful of republicans whose views on impeachment remain unclear. >> sometimes you look to the moderates and think they'll behave differently. >> if the president has got a defense, this would be the moment for him to present it. >> all these hearings down in the basement. they haven't presented any direct evidence to show the president was involved in any crime. >> calling witnesses for the republicans is simply opening a pandora's box. >> this is "new day" with alisyn camerota and john berman. >> good morning, everyone. welcome to your "new day." tuesday, december 17th, 8:00 in the east. what is expected to be an unruly meeting of the house rules committee -- >> uh-oh, irony. >> i think it was mostly just a pawn. >> the house unruly committee. >> i like that. that's what we'll call that. >> in just under three hours, they'll get under way. democrats will present how they want tomorrow's full house vote on impeachment to play out and republicans are expected to push back. by the end of the session, the groundwork will be laid for president trump to, it appears, become the third u.s. president ever to be impeached. there's also brand-new cnn polling to show you this morning. it shows the american public divided about impeaching the president. >> and breaking overnight, the president's personal attorney rudy giuliani has admitted to some of the very actions that helped lead to this inevitable impeachment. you might even call it a confession, bragging. in one interview, giuliani said he needed to get the former u.s. ambassador out of the way because she was going to make investigations into the president's rivals difficult for everybody. and then in a new interview overnight, giuliani implicated his boss. he said he briefed president trump a couple of times earlier this year about removing ambassador yovanovitch and the president said basically turn it over to the secretary of state mike pompeo. again, rudy giuliani saying all of this the day before the president is going to be impeached. basically running around saying, yeah, i

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