father s administration. jeff zeleny is outfront in new york. we learned ivanka trump, jared kushner are going to move to washington. now, that s a pretty stunning thing, right, if you think about the fact ivanka trump said she will have no role in her father s administration. this is a clear signal she s going to be right by her father s side. maybe she doesn t have a technical title. she s staying in her job at the trump organization. what can you tell us? reporter: something they have to work out and sort through. they ve already had missteps here in the first month of this transition meeting with the world leader, the first meeting that her father had with the prime minister of japan, and, but erin, it s clear that they are still trying to sort through this. the american presidency is not simply set up for a family like this so they re going to be making the rules as they go along, but we are told they are planning to move to washington. they re looking for houses there at the very least. she s going to have a key role inside the white house from a social aspect as well as a policy aspect. al gore, of course, was there to talk about climate change with her initially. so that shows that she s going to have a very important role in the west wing. when you talk about a social role, of course, in contrast to melania trump who said she s not going to be moving until the end of the year. raises the question of ivanka playing a bigger role, perhaps, than policy. you talk about her being in on that meeting, though, with the prime minister of japan and also at the same time finalizing a business deal that would be for the trump organization in japan. that is something that should be raising red flags, isn t it? it certainly is raising a lot of flags and it certainly is opening them up to questions and criticism. again, there s not a rule book for this so on one hand you have the wall street journal editorial page saying he has to sell everything to avoid con fliblon fli conflicts of interest. look, these conflicts are inherent, almost impossible to see how they will avoid all of them here. but i am told by someone who s close to the family that she will not be attending anymore of these meetings one-on-one here. that they re simply trying to work through here. but this is going to be an ethics potential minefield, erin. potential minefield at the least. executive editor of cnn politics, mark preston. jamie gangell. phillip bump, and correspondent for the new york times, maggie haberman. i want to talk about the incredible al gore meeting because it is incredible, okay? first i want to talk about the ivanka trump situation. moving to washington, at least they re looking for houses, reporting we have. melania trump going to wait six months at least so her son can finish his year at school. ivanka trump possibly going even earlier. how can that happen while she s at the trump organization? they say there s no rules but there is this rule. common sense shows that this does not make sense. right, but there are no rules. remember those tax returns, they were never put out there. and the other thing that i think you have to remember, so on twitter donald trump said that on december 15th, he s going to make a big announcement to show that they re he s going to step away from the business. the problem is he also used an interesting phrase. he said even though it s not mandated. and i think that s what you re going to see here. there are no rules. if it s not the law, they re going to be the new rules of donald trump and the kids are going to be there and he s going to be there. i think we re talking about a whole new set maggie, you got the new york times reporting that when nancy pelosi called right after the election, donald trump handed the phone to his daughter. she was in the room with the prime minister of japan. sheryl sandberg from facebook, ardent hillary clinton supporter called ivanka trump. al gore meeting with ivanka trump. she s central. she s central. you have to unpack those different pieces, though. the al gore meeting, ivanka trump wants to signal to democrats she s the reasonable person around donald trump. that helps her for her own brand, helps her basically as a bridge for her father and frankly it helps al gore to be seen doing this meeting, if we re being honest. in terms of the japanese prime minister, that was a very specific problem especially because there was no readout or photo from the u.s. side in terms of the media. all came from japan. i think that you are it s funny, jeff s point that the presidency is not set up for a family like this is really true. we have never seen this sprawling level of entanglements and for the trumps, this sounds like i m excuse making, i m not at all because it s severely complicated, but really after covering them for 18 months, they know no other way. they see everything as a family decision. the pick of mike pence as the v.p. was described to me at the time and even as recently as last week as a family decision. they re going to have to realize that the presidency is a people decision, but i think that it s not that they re starting out on a land grab, or on a, you know, access grab, they don t really know another way and they are going the same way the rest of us are into this brave new world. of course, there s only one way to separate this, sell the company and put the money in the trust. that s the only way. there is no way for the children in any way, shape or norm to be involved in the business while their father is president and not be conflicts of interest. countries are going to do things for that company they think would reflect well in their diplomatic dealings. that s the way it s going to be even if they re not trying to do anything untoward. right. no, that s absolutely true. we re already seeing that with this trump hotel down the block from the white house where all these foreign companies foreign governments are booking rooms trying to show, you know, some sort of respect. openly saying, osf course, i want to book my room announcing it. all very publicly. the question is the extent to which the trump family even wants to try and make this separation. right? having ivanka trump move to washington, supposed to be running the trump organization based in trump tower, not supposed to have a role in the administration because of nepotism rules nor is her husband for the same reason. why are you moving to washington? the only reason you re moving to washington is to leverage that influence. you shouldn t be leveraging that influence the same time you re running the trump organization. she s leveraging it with meetings like al gore. look, people can change. once people get in power, people who hated them then change their minds. i understand the pragmatic reality. here s al gore today. here s al gore a few months ago. i had a lengthy and very productive session with the president-elect. it was a sincere search for areas of common ground. her opponent based on the ideas that he has presented would take us toward a climate catastrophe. and? i mean, okay, you know what, climate catastrophe, common ground, those things can be very close. he is not the only person who walked into that lobby, got onto that elevator and gone up to the top floor who has said bad things about donald trump. i mean, it s political pragmatism in many ways. if al gore thinks he can somehow wedge his way in because he doesn t think that donald trump has the convictions of what he said in 2012 when he described climate change as a hoax and it was brought on by the chinese, of course, the new york times just a few weeks ago does an interview and says there is some connectivity, you know, to it. al gore probably sees it i think it s super important in this is two things. when you talk about the conflict of interest, senate democrats really blew it because they could not investigate. they do not have any power now to really use congress to go after donald trump and on the flip side, though, house and senate republicans are in a real tough spot right now because all of this could overshadow them trying to get things done. it s also problematic because his agenda is not quite the same as theirs on policy. oh, sure. you have a dual track. all right. thanks to all. staying with me. next, a gunman bursting into a busy pizza sohop. his motive to investigate a fringe conspiracy theory about hillary clinton. and the trump administration says it has no plans to expand business in taiwan but in taiwan they say, not the case. breaking news, deadlocked. a white officer who shot and killed an unarmed black man in south carolina, this is this horrific, horrific thing caught on tape. as you can see him shot in the back multiple times. despite this shocking video, the jury could not reach a verdict. with advil, you ll ask what bad knee? 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(laughs..) here it is. hey dad! wishes do come true. the lincoln wish list sales event is on. get exceptional offers on the lincoln family of luxury vehicles. sign and drive off in a 2016 lincoln mkx with zero down and complementary first month s payment. according to police he entered the restaurant after reading clinton and her campaign were running a child sex ring inside. of course that story was completely false. the white house attacking these baseless claims today saying they re having a corrosive effect on america s political debate. brian stelter is outfront. reporter: fake news, real gunfire. a north carolina man arrested in a d.c. pizza shop after brandishing a gun. telling police he was there to investigate a conspiracy theory called pizza-gate. one of the hosts runs up and is like, did you see that guy? you know, he had a big gun. we actually thought initially that he was a staff member because he was walking straight for that backroom. staff member kind of looked at me and indicated that this was a gunman. reporter: edgar welch appearing in court this afternoon. according to police, welch said he had read online that the comet ping-pong restaurant was harboring child sex slaifs avesh wanted to see for himself if they were there. the suspect said he was armed to help rescue them. the accusation came from this unhinged story that originated online days before the election saying that hillary clinton and her campaign chairman john podesta were operating a child sex ring. the lie took root in the digital swamps of twitter and far right-wing websites. we re not covering pizza-gate enough even though we covered it every day. to expose the satanism and the code words for pedophilia. reporter: october 30th, clinton hating, trump loving twitterer claimed a police sort said clinton was at the center of the pedophilia ring. others latched onto this seemingly hoping it was true scouring dark corners of the web for possible clues. this is how conspiracy theories are threaded together. lie by lie. eventually, a name stuck, pizza-gate and the believers started harassing the owner of the pizza place. we received many, many, many calls, but really they re from around the world so we didn t expect anyone to come. reporter: on sunday, the suspect fired his weapon. no one was hurt. with detectives still on the scene in d.c., pizza-gate believers were already claiming this real development was just part of a cover-up. the media is claiming that this is because of pizza-gate. this is very dangerous fake news. anybody claiming that the gunman today at comet pizza had anything to do with pizza-gate is lying. brian stelter is with me along with kayleigh mcenany, a conservative columnist. let me start with you, that man right there, just take a second to think about he just said. the guy who went in with the gun, all right, and discharged it, he said he went in because of this story. yes. this fake story. right. that guy there we heard said it s completely made up, the gun man was an actor. what is this? these pizza-gate believers some of them today say this was all a hoax, this incident, this real-life incident at the pizza shop was all made up trying to cover up the real conspiracy. you know, nose people are not going to be believe this report. hopefully the vast majority of people still on planet earth can deal with the truth. i mean, here s the stunning thing, kayleigh, michael flynn jr., i want to emphasize jr., that s the new national security, or the nominated national security adviser s son, tweeted on sunday, i ll read his tweet, until pizza-gate proven to be false, it will remain a story. the left seems to forget podesta e-mails and many, quote, coincidences tied to it. that s pretty stunning, okay? i mean, this story is a lie. it is wrong. how could someone like that come out and tweet this? that this could possibly be true? look, i don t think flynn s son should be tweeting this. he should take down the tweet, but i do want to emphasize this is two degrees removed from donald trump. this is the son of the national security adviser. this didn t come from michael flynn, himself. it likewise did not come from donald trump. i do think this pizza restaurant has a good lawsuit on their hands, but i really do want to emphasize now, though, the extreme fringe right wing has nothing to do with mainstream right wing, just like the 9 /12 9/11 truthers didn t have anything to do with the this is the fringe element of the right just like we have the fringe element of the left. okay, you make a fair point there but there s this one problem. sorry, naira, his father s son, also his father s chief of staff, his top aide. sorry. he has a government transition e-mail. he s involved. general flynn tweeted on november 2nd you decide, nypd blows whistle, must read. what do you say? this is what you end up having when you start creating a culture and people who are in leadership positions with large blow horns and millions of twitter followers start saying things like the mainstream media is terrible. you can t believe anything you hear on tv or read in newspapers. people start to look for alternative sources of information that, frankly, aren t backed up by any investigative reporting or any of the principles of ethical journalism. so this is, in that sense, directly connected to donald trump and the conspiracy ne theorists that surrounded him. the new white house senior adviser is going to be steve bannon. breitbart is also part of the alt-right movement. conspiracy theories are often featured on that website. speaking of general flynn, i understand his son has a transition account, official government account. certainly he should be held accountable. with the national security adviser actually tweeting these types of conspiracy theories it leads to questioning his judgment and whether or not it was a joiquke, should be made cr if he thought it was a joke. people take this when people in power say things on twitter accounts, it gets taken very seriously. we certainly need to be holding our leaders accountable. kayleigh, does it sconcern you erin go ahead. it s important mike flynn sr. was tweeting about something entirely different. it wasn t pizza-gate. it was another child sex ring scandal conspiracy theory. but it was not hold on, nayyera, he me point out, though, what he was suggesting actually had some basis and truth. there s a man named jeffrey epstein who was convicted of child pornography, bill clinton took several flights with this individual, there was some real questions as to why these flights weren t on the books, what happened on are we really going to do this? there are two separate things. again, trying to parse all of this information about this connection with that connection, this is exactly how conspiracies start and this is exactly the type of logic and reasoning that we need to all be working against and start working with facts. i mean, this is a post-fact universe that we re working in. nayyera kayleigh, should trump bear responsibility, himself, to say enough? enough? i don t believe even no. even in private to tell these people, stop with this,s i don t want to see you tweet like this, i don t want to see these things, they re lies and they re hateful. doesn t he bear some of the responsibility when some of this is coming from people within his inner circle? you had the president of kayleigh, that was to you. does president obama have the responsibility to say i disavow the 9/11 truthers? no. nayyera, your party has gone around with false, false, trump is racist, a xenophobic. if we want to talk about conspiracy theories, your party is responsible for it. sure, let s talk about what happened just in my neighborhood. comet pizza is a couple blocks away from me. this is very personal. actually a few blocks in the other direction, you had two weeks ago a bunch of white supremacists who held an event and said hail trump. this is actually in trump s new backyard, not something he disavowed, happen in his own neighborhood. usually when there are gun shootings in where a president or president-elect is, there is some sort of statement or denouncement of that or any kind of horrific attack. we haven t seen that. we haven t seen any time the kkk endorsed him or david duke or any white supremacists were advocating on his behalf, he never said i disassociate myself from those people. hardly disconnect to say that by when he has people who are supporting him actively campaigning for him, if he doesn t disavow them he has repeatedly final word here to brian. let me give the final word to brian. i was going to say about this issue of twitter, for a man who s so well known for tweeting, has a great grasp of the medium, hasn t bothered tweeting about oakland today, never mind this issue of what happened at comet ping-pong, never mind the broader issue about racism and hate and harassment. i find it strange sometimes what he chooses to tweet about. he complained about the media today but none of these specific issues that are on the table. all right. thanks very much to all. next, trump s controversial phone call to taiwan. trump advisers today, one of them now saying screw them to china. and the breaking news, a judge declaring a mistrial in the case of a white police officer who shot and killed an unarmed black man. shot him multiple times in the back. we all saw this tape. what did the jury see that was different? cars.com china. the president-elect s economic adviser steven moore says if beijing doesn t like the president-elect s controversial phone call to taiwan s president, screw them. trump has been under fire for that call because taiwan is still technically at war with china, in part, on twitter, trump did not back down, in fact, he upped the ante here to make that call. today the white house warning trump s actions could have serious consequences. some of the progress that we have made in our relationship with china could be undermined by this issue flaring up. and, of course, trump does a lot of business. he benefits from doing business in china. and across asia. miguel marquez is outfront. reporter: taiwan s largest development project ever. the largest development project ever sounds right up donald trump s alley. gateway of taiwan and to asia. reporter: and just maybe it is. trump s protocol-breaking phone call with the president of taiwan is the first time the u.s. has publicly admitted speaking with the leader of taiwan since 1979. raising new questions about trump s intentions. trump advisers say it was a routine congratulatory call, but the mayor issued a statement saying a miss chen with the trump organization discussed investment opportunities in september but they haven t heard from her or the trump organization since. interviewed on china s mas tv, the mayor says chen had documents issued by the trump company and his company is interested in taiwan. miss chen has since been identified as charlene chen who described herself to the wall street journal as a sales ambassador for trump properties, but not an employee. a trump organization spokesperson says there have been no thorszed vis edauthoriz taiwan on behalf of our brand for the purposes of development nor are there any active conversations. but a trump organization employee ann marie duonahue mad a business trip to taiwan in october, that according to a post on her facebook page that has since been deleted. i love china. reporter: but trump s business ties to mainland china go far deeper than anything in taiwan. the biggest bank in the world is from china. you know where their united states headquarters is located? in this building. in trump tower. reporter: china s icbc is the biggest tenant in trump tower, says bloomberg news, paying nearly $2 million a year. that lease comes up in 2019. and bank of china says the new york times is providing some financing on a $950 million loan on a building trump partly owns on manhattan s sixth avenue. trump s 2011 book, he writes get it straight, china is not our friend, he sees us as the enemy. this while he was pursuing very big deals in china that didn t actually pan out. it seems this is sort of his m.o., keep your opponents, your adversary on their back foot to confuse things, say one thing, do another. it works in business. we ll see how it works in the presidency. erin? all right, miguel, thank you. back with me, kayleigh mcenany, nayyera haq, jamie gangel. you talked to very senior members of the former bush administration. what have they been telling you? so i have to tell you they were not so concerned that this call took place. they say it s okay to ba little l unpredictable. he s president-elect, not president yet. that said, despite all this reporting that this was all planned out, they were not under the impression it was planned out and what they re concerned about is winging it. if there s a genuine strategy behind doing something like this, then that s one thing, but they were concerned that, you know, not just taiwan, when he spoke to the british prime minister, he said if you re ever in washington, come and see me. pakistan, you re fantastic. extraordinary. that s what they don t like. this needs to be a thoughtful process. so kayleigh, how close is trump toward what could be the most crucial decision here that we are awaiting, right? we understand he s very close to making a decision but he has greatly enjoyed the public parading of secretary of state candidates, sort of the casting call for lack of a better word. when is that decision going to be made? that person is ostensibly going to bear the burden of figuring all this stuff out. absolutely. it seems donald trump recognizes the gravity of secretary of state. this is arguably his most important cabinet appointee he s going to make or to call. and every day we re seeing more names. you know, we ve heard almost a dozen names at this point. it does seem to me from what i ve read and what i ve researched that romney seems to no longer be the leading contender. we see a lot of dark horses coming out. potentially robert gates, i know, but i think it s good that trump is taking his time. i think it s good that he s meeting with people who are critical of him like romney and gates. i wouldn t underestimate rudy giuliani. he may just in the end come out to be the one who is selected. i think that would be an excellent choice. dark horses, jamie. robert gates is a dark, dark horse. so robert gates has said, no, he s not going into the trump administration. he wrote a scathing op-ped. but he just spent two days at trump tower giving people advice. and i will tell you this, there are a number of gop establishment people and i say that as a good thing, professionals who would love nothing more than if bob gates i don t know that trump is interested, but they see bob gates and general mattis as the dream team. and they got general mattis. bob gates wrote a scathing op-ped, okay. we covered it extensively. it was as nasty as it gets. and trump responded in kind. he did. so a couple things that donald trump said, just only back in september about bob gates. i ve never former defense secretary robert gates. he knows nothing about me but look at the results under his guidance. a total disaster. which is definitely not ringing endorsement for secretary of state. never went on to say, never met, never liked dopey robert gates. that s the best part, right? dopey. look at the mess he s always in, always speaks badly of his many bosses including obama. what s interesting about this, if he does choose someone like robert gates or asks him at least, we don t know if he would accept, says something trump is willing to pivot off his personal animosity toward people to take somebody into his administration that actually knows what they re doing on a certain subject. nayyera, trump is reportedly considering seven people for this job. kayleigh pointed out it s rudy giuliani or mitt romney. now up to seven. jon huntsman under barack obama. gop presidential candidate, but perhaps more important is the china part of his resume. also on that list. how likely is it that trump will do what mark just said and consider somebody that has insulted him and hated him in the past? well, it should be very interesting, this is clearly a really important appointment. it s taken quite some time. especially if he s going to be making calls to foreign leaders as we ve seen and making the types of commitments he s made behoove him to actually engage and pin down this appointment sooner rather than later. we need somebody as secretary of state that the president-elect will actually listen to and the president-elect prides himself on not necessarily being diplomatic, not playing nice in the sand box. we need somebody who will. at the same token, we have all of these state department officials who are overseas in embassies who are waiting to just help and provide nonpartisan expertise. nobody in the trump campaign is engaging with them sorry, the trump transition is engaging with them and the president-elect has also opted not to have the daily intelligence briefings. so we have somebody who s talking to foreign leaders who doesn t understand the countries or the nuances of what s going on. really need to have somebody in that position as secretary of state that hopefully he ll listen to. all right. thanks to all. and by the way, what bob gates wrote about donald trump in part, he is unqualified and unfit to be commander in chief. right. critical of hillary clinton as well, erin. he was. he did say between the two he would pick her but it was hardly a ringing endorsement. all right. next, the breaking news. no decision in the trial of police officer michael sleigher who shot an unarmed black man in the back multiple times as he was running away. they re not anywhere close to each other. so we all saw this tape. the jury, though, unable to come back with a verdict. jill stein pressing recounts in three states that trump narrowly won. she s my guest, next. at the marine mammal center, the environment is everything. we ve helped the marine mammal center go solar, install electric vehicle charging stations, and become more energy efficient. pg&e has allowed us to be the most sustainable organization we can be. any time you help a customer, it s a really good feeling. it s especially so when it s a customer that s doing such good and important work for the environment. together, we re building a better california. tonight the presidential recount now under way in michigan, officials hand counting nearly 5 million ballots after a federal judge ruled the recount must begin an begin immediately. trump s lead in the state, as you can see, is just shy of 11,000 votes. the other states where recounts are being called for, wisconsin, trump s lead there, 22,000. pennsylvania it is now down to ta do 47,000. shy of that. green party candidate dr. jill stein, standing outside trump tower, she vowed to escalate her fight in pennsylvania to a federal lawsuit usualing tru iu let the recounts proceed. outfront now, jill stein. dr. stein, thank you for taking the time. great to be with you, erin. i want to talk about the recount. first, you were outside trump tower today. al gore, former vice president was also at trump tower today to talk climate change. he met with donald trump. he said it was a sincere and productive conversation. a few weeks ago at a rally for hillary clinton he said trump would create a climate catastrophe. does it trouble you al gore would take a meeting and describe it so positively today? you know, it doesn t trouble me. i find it strange. i m not sure i believe it. i don t know what s going on. you know, i i am concerned, obviously, about where donald trump stands. he s had a very consistent history. he s highly invested, for example, in the dakota access pipeline. is he going to respect the recent decision not to grant a permit and require an environmental impact study? yeah, i mean, i think you have to judge donald trump by his record which is very clear which is rather disastrous. but i have to say, it s not been great under the democratic party, either. hillary clinton, you know, supports fracking. donald trump supported coal. both have been absolutely catastrophic. we should not be building new fracking pipelines and infrastructure either. as far as i m concerned, they both have a long way to go, and i d like to see al gore, for that matter, step up to what we really require, which is 100% renewable energy, clean renewable energy by 2030. so on the issue of the recount, you have said the president-elect, donald trump, and his campaign are scared and trying to obstruct the recount process. why do you think that? why do you think that they re scared? well, because they re doing everything they can to stop transparency and accountability. you would think that they would be confident in their victory. you could think that they would support the democratic process. what is wrong with counting the votes? you know, when there s a question about where a ball landed in football or in tennis, you know, we review the tapes and we see where exactly it landed. we should have the capacity to do that in every election. there should be automatic audits of every election and we should just be getting rid of this very disaster-prone, tamper-prone, hacking-prone, electronic touchscreen machines. okay. let me ask you a question about this, though, because the margins of victory here seem very close. if you re a person out there, you re watching, you say 10,000 votes, 10,700 votes in michigan, 5.5 million ballots cast. you immediately say, okay, that makes sense that that would be a recount. jeffrey toobin who wrote the book about the recount in florida in the year 2000 says the most number of votes that will switch is 500 votes. he says there s no way this outcome will change. are you concerned that you are hurting confidence in the system? especially by people on the left who are upset that trump won, when the results won t change? well, let me just say, we saw in ohio in 2004 after the fact in a court case that there were 90,000 votes that were mistakenly read as blank in toledo, in an african-american heavily democratic-leaning district, those votes were basically blanked out. had they been counted, there s no question that would have changed the outcome in ohio. it s just not true that only a couple hundred votes here and there change. we don t know, but the purpose here is not to change the outcome. let me say that the purpose here is to create a process that we can trust. we cannot sweep american cynicism, american distrust, after this very bitter and divisive election, we need to be confident in our voting system that we have counted every vote and respected american voter. i hear you, but donald trump was under great criticism, at the debate he said i ll see what the results are before i say if i accept them. some people say that s you now. here s his campaign manager kellyanne conway yesterday talking to you. i was asked on this program and many others that will you accept the election results? the question for jill stein and hillary clinton and those who just are still in the grief, anger and denial stages, will you start moving over to acceptance? well, i m wouldn t you be incredibly critical of donald trump if he was doing this to hillary clinton right now? in my view, we should have recounts whenever there is a very close race. we do. we have laws. .2%, .3, whatever it is. we done ha t have awe dids a using extremely unreliable voting machines, electronic machines that have been known to miscount or discount tens of thousands of votes at a time, so i was asked throughout the election, if there was concern about the credibility and integrity of the vote, would i stand up and call for a recount in i sau i always said yes. this should have been done during the democratic primary when there were concerns about votes stripped from the voter rolls in brooklyn. hundreds of thousands of votes not counted in california. to me mind, that should have been a call for a recount and i always said in the presidential race, if it fell to me to raise questions and ensure that voters have a voting system we can believe in and that we can trust, i would always step up to the plate and call for a recount. it didn t matter who the winner is. that s the problem with donald trump s thinking here. i think there was enormous resonance with his concern that the vote was rigged. so you do this you would have done this to hillary clinton, too ? i would have done this no matter what if there was doubt about the vote, we should address that and not sweep it under the rug. the american people are very concerned. we do not have faith in our political system, in the election, in our public institutions. you know, lack of faith is really at a high, all-time high level whether you re looking at political parties, the judiciary, the congress, the executi executive, media for that matter. this is a time for accou accountability and transparency. let s earn the trust of the american people. dr. stein, thank you very much. i appreciate your time tonight. next the breaking news, a mistrial declared in the deadly shooting of an unarmed black man running away from a white police officer. we all saw it on tape. the jurors said they could not reach a verdict. why? style lets you stand out from the herd. what s inside sets you apart. the cadillac escalade. enjoy our best offers of the year. when you think of saving money, what comes to mind? your next getaway? connecting with family and friends? a big night out? or maybe your everyday shopping. whatever it is, aarp member advantages can help save you time and money along the way. so when you get there, you can enjoy it all the more. for less. surround yourself with savings at aarpadvantages.com but fair. this beer is tough. coors banquet. that s how it s done. threat. at that time, when mr. scott was coming after me with the taser, i drew my weapon and fired. i was focused on the front sight. that s all i know. i know he tried to tase me, we were on the ground. i m backing away getting away and he s still coming after me with his taser and at that point, i made the decision to use lethal force because mr. scott never stopped. he was always dangerous. except he was running away in that video. nick valencia is outfront. nick, what happened in this trial? reporter: well, it was the first indication we got that there was a potential for a mistrial on friday when we received news there was a lone jury holdout who said he could not in good conscience convict this officer of first-degree murder. today we learned it may not have just been one, however, it was a majority of the jurors that were still undecided as of this morning. this came as an incredible shock for those that were supporting walter scott s family. to them, all that matters was this cell phone video shot. that video that shows walter scott running away from michael slager, being gunned down, shot from behind multiple times. to them, it was shocking that there was this deadlock jury. some of what was taken exception in this community as well is the makeup of the jury. 11 jurors were white, 1 of them was black. at a press conference on monday afternoon, however, the scott family chose not to focus on that. they said they re optimistic they could get the conviction in a potential retrial scheduled for sometime later next year, however, we should remind our viewers that michael slager is not completely off the hook yet. he is facing federal civil rights charges. that trial expected to happen sometime in early 2017. poignant words earlier from scott family attorney saying that there was a missed opportunity here. a missed opportunity to heal some very deep wounds in the black community as a result of the series of police shootings that have happened in this country over the last two years. erin? all right. nick, thank you. outfront now, paul callen, criminal defense attorney and former prosecutor. paul, we all saw that video. sl sl slager slager s, he said he was backing away, scott was coming after him with the tase r. the final moments, scott is running away, slager shoots him multiple times in the back. scott is killed. are you shocked at the outcome here? i am shocked. the thing it emphasizes is how much people respect police officers and how hard it is to convict a police officer. and i think this was we have this term called jury nullification where sometimes the jury just goes against the law and it goes against the facts because they have a gut feeling that the right thing is an acquittal or in this case a hung jury. hung jury. on friday you heard nick report one juror was the holdout, said go back and figure it out, figuring that one person could come around. that person convinced other people, we understand there were multiple people, it s truly a hung jury. that is also shockingly unpress dented. that is staggering if that happens, because normally if it s down to 11-1, the 11 convinces the one. you know what happen that s what always happens, this is going to go down in the record books. if one juror changed the minds of the others. we will see what happen, of course, the prosecutor says he s going do go ahead with another trial. paul callen. thank you. we will be right back.
white house s counsel. he s a legal adviser to donald trump. he s the former chairman at fcc and the thing that you need to know is he s someone that s getting money out of politics and he s someone with limited national experience. one of the important things about serving in that role and you are called that that s going to be the real challenge for mr. mcgahn going forward. of course, there is been a lot of question of potential conflict of interest for the president-elect trump because of his vast business entanglement. the white house counsel is going to neat to spend a lot of time digesting the president-elect need to do when he gets into the white house, it is a rule that s going to be very important going for him. donald trump is coming into the white house with unprecedented business ties. there is going to be questions about the conflict of interest and don mcgahn will be the person will be giving donald trump of the advise of what he can and cannot do and how he should separate himself from the businesses and how much. he s going to be responsible for a whole lot of legal advice. donald trump watches a lot of fox news. she s getting praised by connecticut senator and the independence who won democrats. she s somebody that s going to be well received by portions of the republican party. she s somebody that has quite a history of republican politics. she was a member of the nixon/ford/reagan adviser. a speech writer and to wine berger and defense. she s been highly critical of president obama, basically saying that if he did acknowledge the severity of radical islam or the threat of it. interestingly as well 2006, she ran the gop primary to run up against hillary clinton. she lost that pretty badly over allegations over inflating her resu resume. so these are people that are well-known in republican circles and folks that are well not the most traditional picks that are not completely non traditional. don mcgahn does have some experience but not a whole lot. this is a job that s extraordinary important in the white house more so than other. crucial in the point you bring up about his history don mcgahn with the trump organization and trump s family going back years. that s the real question, how is he going to separate and not only the president-elect trump but also the white house counse counsels, those ties he may have had throughout the years as he may represent the white house. this is an enormous challenge that donald trump is going to have to face. he s not shown a tremendous amount of willingness to go the extra mile to make sure the american people could believe his decisions he makes while in office as president and are in some way to further his business interest. he has a sprawling wed of business interest around the world. in those conversaons, reports of attempts to smooth out the project. yes, the white house counsel is going to have an enormous task on his hands. in terms of deputy national security adviser, we know that along of what katy said, she s been critical of clinton and criticized tenure of secretary of state as creating problems with the united states of china and russia and iran and she s been favorable with donald trump. that s another trend we are seeing and a number of these people appointed so far has been favor of him in the start or in the case of nikki haley, someone who may supported one of his rivals. it is been newly of criticisms of him. if he does go a little beyond that, that circle of people that either are his loyalists or people who were not against him or picking someone like mitt romney, that s speculations that s out there. kellyanne conway tweeted an article of current trump supporter. and newt gingrich trying to steer away from mitt romney worrying that he s not going to be loyal. this is a test to see how far trump is going to go in choosing people who may have different opinions and challenge him and up at the table, saying you are wrong mr. president. what we are seeing and kt mcfarland and nikki haley and who he s parading out in bed now kt mcfarland is coming forward. we ll look at the names that was brought up there. looks like we may have lost the hill for a second there. we heard the beep. when we hear that, we know what it means. that yesterday he was bringing up before he got disconnected. and mitt romney and kellyanne conway coming out tweeting something seeing questionable of who he is. kellyanne conway came out with a couple of tweets linking to a political article that says loyalists were telling donald trump that mitt romney was no t t not a good pick. mike huckabee says you want to choose somebody that ll take a bullet for you. she he s got a lot of evidence behind him to say that, mitt romney came after all went after donald trump and probably most critically of anybody out there and most vocally of anybody out there of a sustained campaign to keep donald trump from getting the gop nomination. he went after him for his wealth and that he was not wealthy and went after him for his character and calling him dishonest and saying he s very, very not smart. he also went after him for business and mocking trump s states and airlines and all these businesses that went under. mitt romney will have to explain himself. why does he think donald trump is a good leader and why does he want to be apart of the administration or sell donald trump s foreign policies over seas and be trump s top diplat. yeah, we remembered that where he came and said i am not for it at all. thank you katy tur and we ran out and we owe you one there. thank you both. coming up. using black friday as a way to let the world know about what some sees as excessive use of force by police. plus, a celebrity sends out a warning of the proposed muslim ban which trump floated during the campaign. fun times, retailer retailers retailers e retailers holiday sales expected for an increase. scooping up stuff and people out there. jo ling kent in jersey city and how is it looking there, jo? reporter: well, it is actually doing very well and more retail analysts are expecting of 137 million americans are expected to shop this holiday weekend. thanks for joining us live on msnbc. as you just told me you are going to be doing all the shopping online this year, why are you here? well, we did not come here with a plan of doing our shopping online, we came here to do some shopping and we saw the lines and we are like no, no. reporter: well, you know, do you think you can get the same discounts here today verses online if you do it shopping later. for the most part, our kids are gone so we don t have a lot of toys and stuff like that. i mean it is mostly clothes. reporter: how are you feeling about the retail? and the economy, confident or not so confident? hopefully, optimistic. nicole, thank you for joining us. this is what we feel here. this energy here at the malibu looking ahead, we do expect to see foot traffic overall down malls loo i can thike this. more people like nicole is going to be shopping online. 70% of that data online shopping is mobile traffic. it is great the see all those families out there. thank you very much jo, appreciate that report. i want to take you down to chicago where protests are happening there. they did the same thing last year, you may remember they had an enormous turn out that time. blake mccoy is out there listening and talking to them. what are they telling you, blake? reporter: well, richard, about 200 protesters have came out here on michigan avenue on black friday to make shetheir voices heard. outside the nike store here and police forming a counter change and locking arm and arm to make sure protesters don t go to the store and remaining peaceful out here. more accountability from this area. why black friday and why such a disruptive time coming out here. this was one of the biggest shopping days in chicago and probably across the nation and it is one of the best opportunities for us to get our message across. in the last year since you had this huge protest last time, there is a new police chief and state s attorney. the only person left is mayor robert emmanuel. what do you hope to get changed out here? this goes beyond individual elected officials. it is about holding people in office accountable to citizens in chicago. it does not matter if it is robert emmanuel, we ll hold the next state s attorney accountable. this is about civilians are residence really having a say of how their communities are going. reporter: tanya, thank you very much. the protests are continuing here for several more hours, richard. certainly a systematic challenge and seeing those unfortunate numbers grow when it comes to deaths and black american chicago. up next, donald trump s proposal of muslim ban bringing memories of a painful path. george deka is joining us next talking about that issue. [ dinosaur growls ] and his dad earned 2% back at grocery stores and wholesale clubs. yeah! even before they earned 3% back on gas. danny s parents used their bankamericard cash rewards credit card to give him the best day ever. that s the joy of rewarding connections. learn more at bankofamerica.com/getcashback. mapping the oceans. where we explore. protecting biodiversity. everywhere we work. defeating malaria. improving energy efficiency. developing more clean burning natural gas. my job? my job at exxonmobil? turning algae into biofuels. reducing energy poverty in the developing world. making cars go further with less. fueling the global economy. and you thought we just made the gas. energy lives here. for some in the united states, donald trump s proposal muslim ban prompts memories of the american history. to leave their homes and put them in internment camps across the country. japanese americans became prisoners in their own country much because they looked like those who bombed pearl harbor and nothing more. last week, trump s supporter repeated what trump mentioned during the election. he called it a precedent for the muslim ban. it shocked the agent american the community and george takei who was an intern himself. they interned my family, don t let them do it. george takei is joining us live. thank you for being here. you were shocked then about the election, how do you feel now? i am still shocked right now and particularly hear carl talking about using the japanese internment as a precedent. we told the stories of the internment on broadway, we want to raise awareness and particularly we want to raise awareness to as many people as possible. we feel a performance of allegiance and we arranged with over 600 theaters in the united states and canada because the same thing happens to japanese canadian. we are screening that film on december 13th. at the same time extending an invitation to elected officials because they are the policyma r policymakers and they are the one that need to know. when donald trump made that statement, we extended an invitation which he did not take up. we extended invitations to everyone who was an elected official and so we have been invited to join us as our guest to see allegiance on december 13th. george, the allegiance play which i did see and it was an a amazing production. it is an american store, it is set in a difficult time that was difficult for japanese americans. tell us about this new movie and how it is about who we are as a country. well, right after pearl harbor, young japanese americans like all young americans rushed the their recruitment center to volunteer and serve in the military and probably die for this country and yet, that active patriotism was a slap in the face. they would deny military service and categorized and imprison in this prison camp. a year in to internment, the government raeltzealized there wartime and the amazing things that thousands of young americans went behind those bash fences to fight for those countries and fought fearlessly for this country homewoeroicall. a record which still stands to this date. we tell that story in our alee ye jens, it is something that all americans should know. we hope you catch it on december 13th, be aware of this dark history and never repeat it again with muslim americans. because, it is certainly one of the stories you want to think about and one of the parallels. what was said that you look at our past and things like this have happened before and we can look at 1882 of the time of exclusion act. it was said in the only act that said to one group from one country it says that poor chinese are seen as endangered and the order of localities. how is these sorts of ideas affect generations of americans. then if they don t know about it and americans don t know about that story, then it is used as precedent to do some something like that again. as you said, muslim americans have fought for this country and died for this country and all you have to do is go to arlington national cemetery and look at the head stones and there are the symbols of each of the people that s buried there. i have seen many, not many but a number of muslim krcrescents on that. we need to rethink our american history. we have a diverse history to which all of us have contributed and to use any kind of racist activity in our history as precedent for us to repeat again and use the word national security for the denial of fundamentals constitutional rights of protection is un-american. george takei, thank you very much, agllegiance of the movie n december 13th, a film version of the broadway show listen launched. thank you very much, george. what we know about the role that russia plays in the election. dylann roof has been judged to be mentally competent to be tried. jury selection of his trial begins on monday of the massacre of mother emmanuel. on the rise, mary s data could be under attack. with the help of at&t, and security that senses and mitigates cyber threats, their critical data is safer than ever. giving them the agility to be open & secure. because no one knows & like at&t. the medicare enrollment deadline is just a few days away. changes to medicare plans could impact your healthcare costs. are you getting all the benefits available to you? call healthmarkets and we ll help you find the medicare plan that s right for you. hi, i m doctor [martin gizzi.] it s a new medicare year. that means more changes . and more confusion. the key question is: what can you do now, to ensure you get the care you need in the coming year? call healthmarkets today. we have access to thousands of medicare options from leading insurance companies nationwide. plans that may. cost less. cover more . with more choices. like dental and vision care . and freedom to choose your own doctors all at a price you can afford. we help find the right plan for you. and we do it at no cost. make sure you have what you need to get the care that s right for you. if you miss the deadline, you may have to wait another year before enrolling. call [healthmarkets] now! how else do you think he gets around so fast? take the reins this holiday and get the edes-benz you ve always wanted during the winter event. now lease the 2017 gla250 for $329 a month at your local mercedes-benz dealer. he wears his army hat, he gets awalks aroundliments. with his army shirt looking all nice. and then people just say, thank you for serving our country and i m like, that s my dad. male vo: no one deserves a warmer welcome home. that s why we re hiring 10,000 members of the military community by the end of 2017. i m very proud of him. male vo: comcast. . right now on msnbc, new announcement from the trump s transition team. two washington insiders will take spots inside the new white house. kt mcfarland as department national security adviser and we have don mcgahn as white house s counsel. those two announcements coming in the last couple of hours. also, black friday, and many of you already spending at least $1.15 milli $1.15 million individually. doing it together online and on thanksgiving day. almost half a billion dollars spent on mobile devices alone. five men has been arrested. more on all of those coming up. lets get back to black friday for a minute. shoppers are busy hunting for those deals both online and in stores. thanksgiving day of sales of electronics have exceeded. our retail analyst, author of black market billions joining us now. it looks like it is really good here. what will it look like come january 1st. what will your crystal ball say? if i had a crystal ball, i will be a billionaire right now. based on what we have seen, more people are shopping online which is what people have been saying all year. according to pay personnel setting, people have been shopping september 30th for the holiday. this is going to add into the whole idea of black friday. that s starting earlier and it is been starting earlier and earlier each year. i think because of that, you are going to see those reivenues moving up more online verses offline. retail, we have to be clear, clicks, it is going to be more clicks this year. absolutely, what s happening now, people don t want to go out and i was actually out since last night, i think i came home around 12:00 or 1:00 in the morning. what i did not see in the past year is store traffic started to peeked at 9:00 in the evening. in years past, people were going all the way through 1:00 in the morning. what that told me, yes, those black friday deals started earlier, however, the deal started, you know, it started earlier, people started coming in earlier and went home and they may be shopping more online. it is all work and no play in your family because you are out here this evening. another interesting thing that has happened and you made a note of is charitable giving along with folks buying more. right, papal came out with a study about charitable giving. the average person is going to donate around $259 to charities this holiday season. part of the reason why they feel that given the political climate or the climate of the world in general, they are surely is going to give gifts to people and donate for their favorite chariti charities. especially giving tuesday is coming up. and overall, people feeling better about the economy so when they start feeling better about the economy, they re buying more and giving out more. people always donated over the past but in this year, in particular, people are going to be giving out and distributing out more charitable goods. and give with your feet and hands, too. you can go to food bank and kitchen and a lot of folks that did not have one. donating yo you are time. it is a big thing. a lot of things are happening. it is always great to have experts here. thanks for having me. see you next time. well, you may want to wait tomorrow to tackle that holiday gift list to shop on small business on saturday. more than 95 million shoppers took part last year. our host of msnbc, your business. talk about small business when you look at some of these, the numbers that you know so well but i will say to other folks who may not. small businesses representing 99.7% of all u.s. employers. when we shop there, we are helping our next door neighbor. that s the orton piimportanto remember. when you shop more, a much larger percentage of that dollar actually stays in your community. so when you shop more of 45% of what you spent, stay in your community, three times higher if you go shop at a big box store or higher if you go shop at a big online giant. trying to bring attention to this. the number of small business saturday shoppers are getting better. it was up over 8% last year and what do you think it is going to be like this year and how is it if you will, the small business community doing things differently now. as you heard, we are talking about bricks verses clicks. we had black friday and sociobiology r monday. it gives free advertising to all these companies. small business saturday gets all the words out about shopping small so skurms can take a moment and think hey, it makes a difference if i go to the store down a block from me. it is meaningful. it is kind of nice and i will go to small toy shops in my neighborhood and you get to know them and they re working to pay their employees and trying to do something. when you sit down and speak with small business owners and operators, what are they telling you? i will tell you one thing that i think about when i go to my local toy store, i may not need it today but next saturday when my kids have a birthday party that they have to be there in an hour, that toy store needs to be there which is why i need to shop there. they are doing all they can to bring people in and they can provide customers service that you cannot get at some of the big stores, they can provide the specialized service and they know you and they know what kind of things you like. when you come in, it is an experience, hey, richard, i remember last time you bought this, how about billing this this time? it is always a good time during the shopping season to go through the small business. jj thank you very much, host of msnbc, of your business, talking about the importance of small business, that s coming up. you can catch jj show, that s 7:30 a.m. eastern right here on msnbc. you got it. thank you, richard. thank you, see you soon. breaking news from the trump s transition team to tell you about. two insiders named for position of the white house. what it will mean, we ll look at that. small business saturday is our day to get out and shop small. a day to support our community and show some love for the people we love. and the places we love. the stuff we can t get anywhere else and food that tastes like home. because the money we spend here can help keep our town growing. tomorrow is small business saturday. let s shop small for our neighborhood, our town, our home. get up, (all) get together and shop small. (announcer vo) there s a moment of truth.etes, and now with victoza® a better moment of proof. victoza® lowers my a1c and blood sugar better than the leading branded pill, which didn t get me to my goal. lowers my a1c better than the leading branded injectable. the one i used to take. and better than that diabetes pill i used to take. (jeff) victoza® works with your body to lower blood sugar in three ways in the stomach, the liver, and the pancreas. and while it isn t for weight loss, victoza® may help you lose some weight. non-insulin victoza® comes in a pen and is taken once a day. (announcer vo) victoza® is not recommended as the first medication to treat diabetes, and is not for people with type 1 diabetes or diabetic ketoacidosis. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. stop taking victoza® and call your doctor right away if you get a lump or swelling in your neck or if you develop any allergic symptoms including itching, rash, or difficulty breathing. serious side effects may happen, including pancreatitis. so, stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. tell your doctor your medical history. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are headache, nausea, diarrhea, and vomiting. side effects can lead to dehydration, which may cause kidney problems. now s the time for a better moment of proof. ask your doctor about victoza®. we have several political stories this around including trump s appointments. those are two tops that we are looking a. lets discuss this with our panels. noel, we ll start with you of the two names that came out, kt mcfarland and deputy national security adviser also, we have wilbur ross, that s not the new naming. that s something that you also know being looked at for commerce secretary. kt mcfarland, a good choice and a known choice given her experience in washington, d.c. kt mcfarland, i know her, she s wonderful. she s solid. that lady knows her business. she knows what s going on over in the middle east. she knows her area. she s an expert. i am thrilled about this. i did not hear anything about she was being considered for anything like this. i love the fact that she would be considered for this and this would be such a great asset to not only the administration but for everybody in america. what is she like? what is her style? man, let me tell you something, every time i have been on with her and in the green room, she s preparing for her topic and really spends a lot of time giving thoughtful research and you know what, she really enjoys what she does. she really enjoys it. you are getting someone who s passion is not just a job to her. she really, really takes time and studies her topics and subjects and really does have experience. this is somebody tt does actually has experience in the area. kt mcfarland maybe one of the safer choices at least those who have been named so far. somebody that will give calm bases on other choices and don mcgahn, potentially offering some questions in terms of if his deep if you will experiencing with the trump family and businesses and that s also the criticism that has been made of the president-elect trump himself. how could he separate the two? how do you think that ll come out of the white house counsel being don mcgahn. back on kt for a brief second, i think you hit the nail on the head. we got to look at kt nomination as part of an overall, you know of different actors who are going to be taking very, very different opinions on national security and creating a situation that puts america in danger frankly because what we are actually looking at is a bunch of people who are sending mix signals who have different opinions on how we move forward and it is creating a call, a little bit of uncertainty in terms of how our national security is going to play out. you hit the nail on the head. we are talking about trump s pick, commerce. how are we going to be able to enten entangled the option of the trump organization. if you look at who he s bringing in for white house counsel and his pick at commerce. you have to be looking at this as donald trump using the american government as another entity to make money for his family and for his family s business. you mentioned commerce along with mcgahn and as well as mcfarland. noel, a billionaire, one of the few very early on that came out and said i support donald trump, i do support him and i am a republican. he led his finance committee and one of the very few in the fortune 500 that was supporting donald trump in the election. the interesting thing here and i want to get your thought on this. he maybe prochina. wilbur ross got his own idea on the commerce party is going be run. i really think if you look at wilbur ross, he s a thoughtful and compassion person when it comes to finance. both he and his wife. you broupght the fact that he ad his wife is a billionaire, they are well nar amillionaire and t done a lot to help people. if you look at the side kick nomination to go along with wilbur roz wilbur ross is todd rickets. they are charitable as well. their family founded a well-known organization. both of these people are good. they don t need the job. they don t need the appointment, they are made and established. they are doing this out of passion and sincerity to try to do what they can to help the united states. wn i spoke with wilbur ross, he seems pragmatic at that point and in terms of the pluses and the minuses and noel is bringing up the issue that he s a billionaire. you got another billionaire that s close to the president-elect trump. what maybe some of the concerns of having a wilbur ross? are we talking about the bankruptcy king here? we are really looking at when we are looking at the folks he s brought in and devos rather, where they were floating the idea of bringing in mcgahn in. that s true. donald trump has said to the american people that he is trying to change the way washington has done and instead he s bringing a bunch of billionaires into run the government. this is what the american people were talking about when they were looking about change. this is exactly the sort of thing that donald trump said he was going to change about washington. i mean what s going on here? seems like the president-elect trump is though filling in his bench and he s got those two announcements today. kt mcfarland and as well as don mcgahn and i thank you you both forgiving us your perspectives and your context. have a great friday and get out there and go shopping or whatever you want to do today. thank you. coming up, terror plot allegedly foiled in france. what we have been told that was being planned and how it was forwarded. the sad news from the world of entertain, beloved actress florence henderson has died. she was best known as the mother of the brady bunches of many of you know. she was 82-year-old. this holiday, the real gift isn t what s inside the box. it s what s inside the person who opens it. give your loved ones ancestrydna, the simple dna test that can tell them where they came from -by revealing their ethnic mix. you ll save 30%-and they ll have a new story to tell. order now at ancestrydna.com. offer ends monday. they are the natural borns enemy of the way things are. yes, ideas are scary, and messy and fragile. but under the proper care, they become something beautiful. welcome back, more on the alle alle alleged terrorist in france. they were being directed remotely by an isis operative in iraq or syria according to prosecutors. matt bradley has more from london for us. how big of a plan was this? well, richard, it looks like the speck to of jihadist terrorism is spooking france. paris prosecutors announced this arrest earlier today rueluctant to go into too many details. four of the suspects are french. four of the men were arrested in strasburg. we do know that two of the suspects had traveled to the turkish border back in march of 2016 and at least two of them had long records with the police. police are hunting with the so far unidentified puppet master that you mentioned behind this operation. prosecutors did not provide so many details. the paris prosecutor made an announcement that all five of these men received detailed identical instruction over encrypted texted app. now, the coordinator even went so far as offering gps co coordinates the suspects would know where to pick up. the four french men were arrested on sunday. handwritten documents pledging allegiance to isis and baghdad d. now these allegations are true, it would mark only isis of its latest efforts to terrorize france. the country has been on edge since the huge attack of 2015 in paris paris and killed 213 people. there were more fears this week after police found a discared explosive belt presumably to be used in an attack. this is in the suburbs of the persian streets. european authorities have always said that the next terror attack is a question of when rather than if. it looks like a crisis owning up to it. it is good they caught that and you were noting there a year from the paris attack which many lived in paris and france still remember. matt, thank you very much for the update on that coming out of france. nbc s matt bradley. the tale of two planes when president-elect trump takes the oval office, will he wants to take the one on the right or the left or both? and if you ve had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don t start humira if you have an infection. if you re still just managing your symptoms, talk with your gastroenterologist about humira. with humira, remission is possible. you may call this next story the tale of two planes. president-elect trump making a decision whether to use air force one or rather than his own plane. how he flies the friendly skies is up to him. nbc has more. they re the two most famous planes in the sky. air force one, the most secured airplane in the world and trump s airplane. one represents the strength of the united states and it has its own [ inaudible ] the other, the strength of the trump s brand as seen in this video. you notice the seat belt and as well as every thing is is 24 carat gold seats. lets do this numbers. air force one is a suited up boeing 747, coming in at 231 feet long and can seats more than 100 and reached top speeds of over 700 miles per hour. trump s plane is much smaller at 757 and only 155 feet long and seats only 43 and reaches speeds of 660 miles per hour. bhen ywhen you get on air fo one, you are struck by the sheer of enormous size and all of the white house, defense department and some other department crammed into one airplane. trump s plane is no ly no legit airline. on board home theaters and a special vip lounge. a trump flare that could be brought to air force one. the president can put anything on air force one. would air force one lack amenities? it makes up for what s most important is security. it has safety shields that blocked electro magnetic posts and capabilities including 87 different telephones so the president is always in touch. air force one s security is priority number one. would trump be allowed to apply on his plane once president? the secret service would tell him it cannot be done. and the interesting thing about air force one, he created a brand new one while he was president. president-elect trump, stefanie ruhle is reporting on that one. one of biggest rivalries of college football. yes, the university of michigan, ohio state game in columbus ohio. scientists are going to convert the size. clearly the wolverines will be causing most of noise there. the biggest is during the ohio state nebraska game. we have to talk about this. chanel, you are a big ten grad. went to northwestern. wildcats. you are going to be screaming and adding to the size of rav 4. of course, michigan. you just said it and i said michigan. she s great. i am done and i will see you next hour. chanel jones picking up here. hi, i am chanel jones. donald trump has appointed kt mcfarland to be deputy national and don mcgahn as white house
months, they can t have a replacement. the democrats are very happy in some ways they are going to get rid of obamacare. this was the one big answer paul: politically. this was one big answer, a new solution that was going to be revolutionary and change things for the better. didn t work. they are happy. we had it for six years. they re happy to dump it off. i m more optimistic, there are a lot of pitfalls, we can go through them, if we have momentum, get one part down on the replace part, it creates the conditions for further things down the road. so i think that the main thing is that they need to show momentum. they have the repeal and show good things being done. because our goal is not, the problem is, obamacare is like, closing down a nuclear plant. there is all this waste. you can t turn it off and walk away. you have to be careful with that waste because it can kill you in the meantime. so i think they just have to have the momentum. paul: the argument is, that you hear, and i hear is, okay, we ll have this replacement deadline a couple years and that will concentrate the mind, political hanging will concentrate the mind. i know politicians. they think it will be the other politician that will being hung, not them. nobody wants to take a difficult vote. i think there will be trouble for republicans to get this done. it is going to be difficult for year but let s start with a fundamental here which is that obamacare, the law, is not popular with the public. this isn t merely a political football. it is the health care system. while not everybody is involved with obamacare, those who are have had a terrible experience. i m not sure the democrats want to be seen out there simply being totally obstructionist and not allowing this process to go forward. the republican need to be transparent. they need to show momentum. i m hard put to see benefit for democrats saying we won t participate in this. paul: democrats cooperate, kim, you wrote a column this week saying that the republicans should not repeat of obama s mistake being totally partisan, should reach out to democrats but is there any prospect they will get help? it is if they do this piecemeal. that is what republicans increasingly coalescing around. rather than one big replace measure a piece here, a piece there, issues appeal to specific democrats and those that are up for re-election in two years time, put a lot of pressure on them in their home states. and try to turn this around on them as well, say, the only people who are in fact making america sick again are those of you who are helping us to fix the problem. so this is going to be their strategy. i think if they attack this on a little bit more of a piece, by piece, basis, they have a shot. paul: they can make progress. thanks, kim. still ahead, as the 115th congress is sworn in, all eyes on the republican majority. after obama care s repeal we ll tell you what else is on the to-do list for the gop. vitamins and minerals. for the strength and energy to get back to doing. .what you love. ensure. always be you. keep from having another one. and i m taking brilinta. for people who ve been hospitalized for a heart attack. i take brilinta with a baby aspirin. no more than one hundred milligrams as it affects how well it works. brilinta helps keep my platelets from sticking together and forming a clot. brilinta reduced the chance of another heart attack. or dying from one. it worked better than plavix. don t stop taking brilinta without talking to your doctor since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don t take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. tell your doctor about bleeding, new or unexpected shortness of breath, any planned surgery, and all medicines you take. talk to your doctor about brilinta. i m doing all i can. that includes brilinta. if you can t afford your medication, astra zeneca may be able to help. to the majority, especially to our returning members, i want to say this, this is a once in a lifetime opportunity. the people have given us unified government. and it wasn t because they were feeling generous. it was because they want results. paul: that was paul ryan addressing his fellow republicans tuesday after he was officially sworn in as house speaker, with the gop of the presidency and both houses of congress for the first time in a decade, we re back with a look at what they can do and what they must do in the first year. so, dan, let s step back, a year from now, if we re looking back at that first year of congress. what would a successful year look like? what would they have done? i think first thing we should say, these republicans with the to-do list bitten off more than any congress possibly can do in a year. certainly they have to get the supreme court replacement for antonin scalia confirmed. that is at the top of the list. paul: okay. secondly i think should have a tax reform bill done by the end. year and perhaps some financial reform. paul: dodd-frank, regulatory? dodd-frank. look, obamacare was a big issue in the election. the economy was bigger. the republicans and president trump have got to get the economy restarted. that means doing economic reform, getting the government off the economy s back. how they will do that simultaneously with the sort of obamacare process, repeal and replace that we were just discussing, that s going to be difficult. paul: supreme court, tax reform, regulatory relief. what else do you want to see, bill? i think regulatory relief is part of a broader reform how the government does business in the obama years, we worked through the courts and federal agencies. what i am hoping the appointment of carl icahn there will be a unified approach across all agencies. paul: outside advisor, wall street investor. that is really what a lot of businesses complain about, this regulatory overreach and so forth. the process has been corrupted as well, without the proper hearings and time and so forth. so, i m, i have a lot of hope. i think it s a businessman, donald trump understands the problems of the regulatory burden. he probably dealt with them personally. paul: anything else on the list, joe, that you think, they need to get done? and what do you think they will get done? are you optimistic as these two guys? i think they might end up overloading their bandwidth. i think they have to do those big things. you heard paul ryan say the people elected us to get results. they have to keep that goal in mind with every, every bill they pass. they have got to get growth from 2% to three to 4% in order to get wages rising. that is what they will be held accountable for. paul: kim, i want to read a donald trump tweet this week about a big ethics flap on capitol hill where congress, republicans tried to change a rule to modify an outside ethics watchdog. trump weighed in with this. with all that congress has to work on do they really have to make the weakening of the independent ethics watchdog, as unfair as it may be, their number one act and priority? focus on tax reform, health care, and some other things of far greater importance. so thanks a lot, mr. trump. you know, weighing in like approximately p.e. against the republicans. the republicans stampeded and caved and changed their mind. will that happen to republicans every time, they will scatter like wildebast when donald trump make as tweet? they ended up putting up a bill they hadn t laid the groundwork for it. the press said democrats were able to redefine it for them. this is the not moment they should have been doing it. this is you don t run in immediately say we ll tackle a priority they hadn t even talked about really publicly before. so he had a point and they scattered. you make a good point is that, he has got a lot of power via 140 characters on twitter and i think at times he may use that to impose some discipline. but it could spread a lot of disarray within the republican caucus too. i think this is leadership issue. the leadership said don t do this. the rank-and-file overruled them. they did it. and then they reversed themselves. they should have said if you don t want to do this, don t do it. makes it clear politicians on capitol hill are perfectly capable of running off the rails. i want to make a point in defense of donald trump s tweets and so forth. he wants to change washington. the washington doesn t move. the process extremely difficult. they would rather do nothing. trump is like taking a two by four to the side of the head of a donkey. that is what his job will be. he will have to do that to shake them up to get them to move. paul: now, what about paying for the wall, bill? that story came out later in the week. there is a wall on the mexican border. he is saying, well, we ll get congress to pay for it. be reimbursed. paul: not the mexicans after all. he is saying the mexicans will pay later. paul: sure. we have been dubious about this. if you re going to build through the wall with the legislative process, let congress do it. paul: it is an american wall. he may pay the price. look at priorities from opposite point of view. what is the worst thing that can happen to donald trump and presidency, a year from now, the working people that put him in, my life hasn t inproved. i don t see job prospects. i don t see this this is side of joe s argument, economic growth. they really need to do things and things that will get the economy moving. the stock market seems to be reacting pretty well to his things but it has to go down to ordinary people. paul: thank you, bill. when we come back, republican leaders countying down to the trump presidency and gearing up for an historic opportunity. is a time for a tax overhaul finally here? we ll ask economist art laffer next. seeing is believing, and that s why we re opening more xfinity stores closer to you. visit us today and learn how to get the most out of all your services, like xfinity x1. we ll put the power in your hands, so you can see how x1 is changing the way you experience tv with features like voice remote, making it easier and more fun than ever. there s more in store than you imagine. visit an xfinity store today and see for yourself. xfinity, the future of awesome. we re going to be working with the congress over the course of the first several months to construct the kind of tax reform for businesses and individuals that will unleash the bound-up energy in the american economy. paul: vice president-elect mike pence this week putting tax reform at the top of the gop s ambitious agenda, promising to move ahead on a overhaul in the trump administration s first month. it is something that republicans in congress have been advocates and planning for years. economist art laffer is chairman of laugher associates and was an economic advisor to president ronald reagan. he joins me from nashville. arthur, great to see you again. good to see you, paul. thank you, it s fun. paul: stock market rally since election day has been big. what are investors looking for anticipating? i think they re anticipating tax rate reform. i think they re anticipating a lower corporate tax for sure. when you discount those profits coming forward it leads to a fairly attractive stock market. i think this stock market reflects their optimism about the future. paul: should which be concerned there is a stall in the rally last three or four weeks? not really. we had a similar situation when reagan came into office and the market then went way down, as you may know in august of 1982. the market hit its trough. it was down from reagan coming into office to august of 1982. then boom, it you had the biggest boom of all time. paul: is corporate tax reform and tax reform more broadly, is that for you the centerpiece of this growth agenda. is that one thing they have to get done to insure growth? he really needs tax reform, you do, but obama care is serious regulations are serious. i hope he symbolically gets rid of the death tax. that would be a shot across the bow we ll have a major change in policy going forward. the death tax is just disgusting. you collect no money and put barriers everywhere. corporate tax down to 15%, paul, will go a long way bringing back prosperity. paul: trump s tax rate is 20%, excuse me, republican rate is 20%. strum s is 15. if they do 20% can you live with that? of course i can. it is such a low bar. let me say, paul, this administration has such a low bar, it would be an act of fearless aggression if they could worsen the economy. you just can t do that. and not only is it a low bar for the economy, just like we had after jimmy carter, but they don t have any chance of losing congress in two years, in 2018, because the tilt is way against the democrats. they have four years to get this economy going. and that is the single and only thing they need to do. all these optics and all this other stuff is just nonsense. if they get the economy growing, they will win re-election in landslide in 2020. if they don t, they won t. that s it. paul: that really does focus on tax reform. you ve been a free trader all your life, art? yes. paul: you view it as one of the pillars of an economic growth country and an economic growth strategy. so what do you make of this plank of the republican house tax bill, which is the first one that will move, border adjustability? which means you levy a 20% corporate tax rate, if that is the final rate that turns out to be on imports but you don t levy that tax on exports? a lot rebate it. rebate it to exports. paul: a lot of people, retailers say it will raise prices for consume isers. it is protection it. how do you respond to that? the truth of the matter a border tax adjustment is a nothing policy. what you re doing tax on imports the is same thing as tax on exports. that is learner stem mitry theorem. a tax on exports they offset each other. this is way to pandering to people who want protectionism without having protectionism. border tax adjustment is not a problem, but tariff as a stand-alone is very serious problem. paul: but the border adjustment is first order of business until exchange rates adjust, it will raise prices for retailers who import their goods, walmart and others will it not? it could, it could. you will have an adjustment globally to the new border tax adjustment. that is exactly what they do with the vat in europe. so it is very common practice to be done. i hope it buys off the protection its and gets them out of the way so we can focus on good things like tax reform and freer trade. paul: look it, on the trade side, you ve got a lineup of people, peter navarro in the white house. new office of trade we haven t had before. bob light highser, a steel protectionist lawyer at trade representatives lawyer. wilbur ross, another steel owner who is at the commerce department. that is a quite a lineup, very different line up of trade people you saw in the reagan administration or frankly in any administration in a long time. how much does it worry you? it does worry me. this is one economic area that bothers me. the bills have to go through congress. they have to go through the house and senate and committees. there will be a lot moved race there. the one thing really is true, the trade agreements that have been done are really one-sided and they really are bad. in japan, non-tariff barriers, it would cost you $50,000 to retrofit a u.s. car to be able to be sold in japan. that is protectionism in the extreme. you can see what it is doing to japan. their economy is really the worst every. paul: exempt we don t have a trade deal with japan. that is the whole point to get the tpp to reduce the trade barriers and trump doesn t want to pass that. it excludes all the non-tariff barriers and excludes currency manipulation. you know very well japan devalued the yen to explicitly improve their trade balance and which is a silly idea to begin with and hurts japan yet currency manipulation is excluded from these deals. what i would like to see china and include all these countries do a real trade one like kennedy round tariff, dropped all tariffs by 35%, something major than awful little bills that have all the exclusions, all this stuff that makes no sense to my. paul: let s look ahead a little bit, art, to dow is now a little under 20,000. what do you see it going at end of the year? do we see 22, 23, 25? this year 2017 i think we ll be very happy if it is just up at all for the year. paul: really? yeah. if you pass a tax bill, it won t really take effect, paul, until january 1st, 2018. paul: okay. that is when rates, if you know they have tax cuts next year, what do you do this year? defer income and employment for a year. that exactly happened to us and reagan. we pass ad great tax bill that started on january 1st, 1983. paul: right. that caused the 81-82 deep recession. so we ll have many so of those delay effects happening here. i think first year just to get their feet on the ground, get bills in place. then i think by 2018, 19, 20, you are will see this economy skyrocket. once it starts, you can t stop it. they will all join on board and it will be a race for the exit. it will be fun. paul: thank you, arthur, for being here. good to see you. thank you, paul. paul: still ahead, so how will democrats respond to donald trump and his agenda? we ll get our first glimpse next week as the president-elect s pick for some top cabinet posts face senate confirmation hearings. or two scalps in the end. i heard schumer say we will cooperate on trade maybe infrastructure maybe so long public spending not private tax credits and closing the corporate the carried interest loophole miner part of tax reform. i didn t hear a lot of willingness to cooperate on other things. what i heard was schumer saying so long as donald trump governs like a democratically we will did he happy to cooperate with him big question is whether that is going to last over time, trump is going to do things like on infrastructure and trade, that a lot of democrats are probably going to support are they going to realobstruct onin everything, i don t know breached pennsylvania michigan wisconsin brought to republican camp mainly for economic reasons, if he obstructs makes it did i to say pass a tax bill, or get the economy going again, the general republican is not going to be aware of that in the they will blame donald trump, the president, he owns the economy. he said he would get things done as a matter of the same. advantage schumer has 48 senators a lot 10 i think in 2010, red, 2018 trump s states scared. all he needs 412 democrats to have a filibuster and block my sense is chuck schumer s bark worse than fight i think harry reed tougher the other guys i am not sure the same the problem at national levy same problem that local democratic party has in some disfun shunnal big questions think of driven out saner people in the middle people left get hardened into policies if he has keith ellison, as head of dnc. democratic national committee. going to have a lot of problems. endorsed ellison, schumer has i think going to have a lot of problems, within the party, and let me say not just, chuck schumer california hired eric holder, to represent them and fights anticipating, eric hold heer was impeached didn t have a great record governing the shared in. i am not sure this is going to be obstruction thing going to play well may get few victories i am not sure going to help the party. let me read the list of cab nominees chaeld jeff sessions bets. education andy puzder labor rex tillerson state department, mull vein. oandb, tom price hh.f., mnuchin treasury mr. brewit at epa any in particular, you think could be in trouble? i mean i don t know if one or the other will be in trouble this is why they are demanding all pla hearings and questionnaires because looking for something that they might be able to pin on at least one of them and then they will surround that particular one and try to bring that one down they want to claim at least one of these nominees, but again, this the republicans have going for them bill makes a good point in their local state some senators that are up for election in 2018, five, by the way, in states where trump absolutely stumped hillary clinton nervous about being portrayed as people who are standing in the way of change, so you got guys like west virginia joe manchin o improving some trump nominees, publicly, and i think this is what the republicans are going to hope for. all right contrast for 2009, republicans really didn t do much at all to stop at a democratic nominees even tim geithner had not paid all taxes still ahead another battle brewing on capitol hill as president-elect trump narrows his list of potential supreme court nominees, and democrats hold open seat once held by scalia. there is yet a new standard now , which is to not confirm a supreme court nominee at all. 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[ gears stopping ] when your pain reliever stops working, your whole day stops. try this. but just one aleve has the strength to stop pain for 12 hours. tylenol and advil can quit after 6. so live your whole day, not part. with 12 hour aleve. life can feel like a never ending search for food that won t cause bloating, gas, or inner turmoil. introducing pronourish. a delicious nutritional drink that makes a great mini meal or snack that has protein and fiber. and pronourish has no gluten or high fructose corn syrup. and is low in fodmap ingredients that can trigger digestive sensitivities. the search is over. new pronourish. nutrition you can feel good about. wall street journal editorial board member colin levy with more despite the warning do you think president-elect is going to nominate somebody from his campaign list? . yeah, i think he will, he has a really good list there there is a lot of strong conservatives, i think those were well supported during the campaign i think they really are very interesting, to the base, some of the great names out there, you know, bill pryor diane on 7th circuit. right. those are often discussed as two leader accounts but, as we can discuss there are also some other ones out there that maybe personally interesting to trump. will anybody i mean schumer defines mainstream his own way, is everybody on that list out of the mainstream by chuck schumer s definition. by chuck shoourn s definition no question anyone nominated by republican president is out of mainstream; right? so either way this is going to be an epic fight, paul there is no question about that. a. paul: bill pryor a federal judge for a longtime i think thank you favorite for a lot of people, because he has real long track record. as an appellee judge not going to be daifrd substituteer play not be william you know, anthony canady republicans burned before i think prior is maybe the favorite what do you think? yeah i think prior is the leading contender for the reasons you mentioned they know this is going to be a big fight going to have a really big fight might as well get someone they are sure is going to fill the shoes of scalia, i think though we should not discount diane, because she is also very, very strong conservative has a long track record has a great opinions on the 7th circuit, on the first amendment, she wrote the opinion in wisconsin right to life, you know very strong first amendment opinion very good second amendment decisions up holding heller, up holding the constitutionality of firing ranges so she is a real favorite, too. paul: there are some other very, very solid circuit court judges on. larson michigan supreme court something of a wild card on that supreme court for about a year did clerk for justice scalia, but her judicial track record isn t as well-known also younger only 48. that is right for sure, she strikes me as someone would be great second-round pick if another opening coming up would i be surprised if she comes up this time track record isn t that long to many hardeman out of pennsylvania a guy sort of a working class guy, someone might just appeal to trump on gut level, neil gorsich very well liked by conservatives very strong writing style and just considered to be sort of a high wattage supersmart jurist. okay. someone that might be in the mix. kim what about this idea that the seat is stolen democrats are saying look, the republicans stole the set too because they never gave a vote to merrick garland president obama nominee since scalia died in february is this going to this is going to raise the temperatureture on the democratically opposition isn t it. it is, i mean this is going to be their mantra all the way through, that and justification for everything that they use to oppose republican nominee will partly be the ideology shuck schumer said out of mainstream partly hey you he never had the right to fill this seat because you took it from us. now, again, whether or not that washes, whether or not the pressure on some democrats grows to not obstruct what is by the any measure look, too this is important paul, this is a seat already held by a very conservative injuryist republicans will make that point, that they are simply replacing one with not changing the balance of the court so some democrats might be wary. will mitch mcconnell o have to break a filibuster by democrats for the first time in history for supreme court nominee. if democrats try to filibuster, say bill pryor diane filibuster is gone. there is just no way he can allow that to happen. have the votes for that? there is senior republicans john mccain i think more concerned about the legislative filibuster the reason for being a scenario they will not be able to oppose it on the supreme court. thank you all when we come back we will go from cal capitol hill to college campus critics say title nine is at which timed to style of he free speech deny due process could changes be coming with a new administration. nch of owners just say, show me cars with only one owner find the cars you want, avoid the ones you don t plus you get a free carfax® report with every listing it s perfect. start your used car search at carfax.com trust number one doctor recommended dulcolax constipated? use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and stool softeners for comfortable relief of hard stools. dulcolax, designed for dependable relief paul: turning from capitol hill to the college campus next guest says outgoing obama administration has used the federal antidiscrimination law known as title nine, to style of free speech deny due process in campus assault cases the executive director of permission to for individual rights in education. author of the book twisting title nine, so welcome. thank you for having me. you wrote for us recently, that there are kangaroo courts on campus in dealing with these kinds of sexual assault accusations what do you mean by that. well, campus courts, even though many times, they are trying to determine the same facts whether or not a sexual assault or harassment occurred on campus they have very, very low standards for making those determinations, and part of that that low standard is driven by activity and mandates from the department of education. in washington, d.c. paul: all right, so as i gather they only require a prepreponderance of evidence basically completeness if 50-50 case longest you get to 51% it is okay a very different standard than you would get in a general criminal court frequency. is that is that the issue? is that where it comes down to? yeah, i think i think that is a big part of the problem, one of the the higher standard of evidence than preponderance one few due process protections that students at so he will colleges were able to count on, before this 2011 deer colleague letter that came out with this mandate we think, and we are actually involved in a lawsuit saying it violated the administrative procedure act putting that mandate in place. and so what is happened now colleges can be far, far less certain of whether or not a assault occurred or even whether it is they got the right person for the assault and still punish them. they have to do that because they life in fear, that if they don t do that, the administration the antibody administration will crack down on them obama administration will crack down punish them denying them federal monif they get a big controversial case government doesn t like. that is right the punishment is actually the withdrawal of all federal funds, the punishment that would be a dependability death penalty electromagnetic every university gets pell grants loans so scary it never has been implemented before because a worry that if they don t follow these dictates that is going to happen to them. you would agree i assume sexual assault is a problem on some campuses you are makeing about young people here young men in particular, some of them not very mature how do you i think the administration would say look we need this tough standard to be able to stop what is the rampant problem, on college campuses what is your response to that. my response is that sexual assault is happening on campus that is really a matter for law enforcement. these are series crimes, they deserve certifyious investigation to conduct in competent way last count 130 lawsuits from students feel thick leff been unfairly found responsible for sexual assault on campus vast majority of whom were never prosecuted by police or outside law enforcement who ought to be investigating. your organization is helping with lawsuits how are they proceeding in court are you winning those or is it too early to tell? well, too early to tell there has been a lot of motions back-and-forth, so we will see how that goes forward but we are in view offed in one case, particularly, you targeting that mandate for the department of education. if you were so your betsy devos new education secretary let s say confirmed you come in what do you do to to stop this? do you how do you send a signal that this is going to stop you are going back to gis preobama standard? well, because they didn t actually go through the proper procedure to get these written as official regulations actually simply as sending out a new dear colleague letter saying we withdraw preponderance mandate aspect of 2011 colleague letter they also need to revise the way they are defining sexual assault harassment right now so broadly over hearing a single dirty joke technically sexual harassment on campus there is no way sustained under constitution they know that augmenting to stop pro mull promulgating that. all she has to do is send guidance saying, that what you got that letter you got in 2011, and standards that the previous administration had done enforcing no longer apply. is that is right, and it is you know while while it is sort of simple not going to be easy i think there will be a lot of political pressure, on them not to do that the right thing to do, and you know it is will send a signcolleges oug to come up with their standards do it best on campuses with law enforcement. thank you, good to have you here one more break, when we come back hits and mais misses of the week. stung 76 homicides 47% increase more death than l.a. and new york combined. this is also the city that began 2017 with the abduction of a man he was beat he and showed this on facebook live this is a testament the war on cops is working. the police are backing off, after all these politicized attacks leaders in cities increasingly deserve to give an explanation, to be residents that you are living in war-torn ghetto zones. thanks, kim. bill. hit to all former presidents you know for a while looked like none of the presidents going to attend the inaugural we learned they will all attend except george h.w. bush not well enough to come, these are important moments when you have a ceremony, and we should be grateful for all for this note. bravo to hillary clinton saying she will attend. colin. paul good news in ohio this week governor john kasich signed a law to citizens can t have property confiscated without being convicted of a crime, these civil forfeiture laws a favorite tool of ptsdz like to use them to shore up budgets that has come at expense of due process and justice so kudos to governor kasich for getting rid of it. thanks, dan. paul, i am getting a hit to 10 senate democrats i admit a little bit like a solar eclipse nonetheless these 10 voted for senate measure repudiateing obama administration abstention from u.n. security council resolution condemning israel settles, this is good on merits but paul also suggests, 10 democratically votes that obama s legacy could be in peril on other things if visit iran nuclear deal. all right remember, if you have your own hit or miss be sure to tweet to us, that is
don lemon. hillary clinton in las vegas where they ll go head-to-head in the final debate. live pictures you re looking at now, in true las vegas side show, of donald trump, in quiting the kenyan born-brother of president obama to be in the audience. donald trump s troubles over allegations of sexual misconduct are far from over. people magazine reports six people have corroborated sexual assault claims made by one of the former writers against donald trump. cnn s jessica snyder joins us with more on that. jessica, we re talking about natasha stoynoff and donald trump continues to denies these allegations. what s the fallout? the fallout has been sudden, it s been swift, and in hours of stoynoff posting this, donald trump discredited her very publicly at a rally, even called her looks into question, as to why he couldn t have possibly sexual assaulted her and went on a twitter tirade, asking her why she didn t come forward, special fe and feeling now she needs to tell her story and bringing forth six people who are corroborating her story. she is let s see, former journalism professor and long-term mentor, paul mclove lynn, right, what is he saying about this? he s part of the story in. i talked to him on the phone tonight. he says it was back in 2005, hours after stoynoff was allegedly attacked when she called him from her hotel room. he said that she was dismayed, distraught, shaken, angry, but in large part, she also felt betrayed. she felt she and donald trump had this professional business relationship, and all the sudden in her eyes he turned into a predator, so it was a very difficult time for her and the first person she turned to was her mentor and her journalism professor and he actually spoke out tonight to cnn s aaron burnet saying he will support her then and will always support her. take ali listen. a man what he did to natasha and says what he says, it takes what he did and adds another despicable level to it. i know what she told me was true. she wasn t in 2005, calling me in anticipation on doing somethingti something negative to him in a presidential campaign. that s preposterous. at the time, he advised her not to take any action. why is that from. paul was really worried about this. he thought if she spoke out and went to her editors, donald trump would retaliate and blacklist her as a journalist and do things that would destroy her career, so his advice to her that she ended up taking was to and to get taken off the donald trump beat, to no longer write about him, and as we know, she had no further by lines relating to donald trump. let s talk about the melania trump andand coop anderson coop interview. there was a claim she bumped on to her on fifth avenue, and melania trump is saying that never happened. what is stoynoff saying? she s staying pretty much above the fray, but what s interesting is people magazine has put forth someone who was with stoynoff when this happened, and they ran into melania, and stoynoff chatted for a bit and the one thing this friend remember business that occasion is that melania trump was carrying baron as a baby and wearing high heels at the time, so she seems to have a very vivid recollection of this happening. stoynoff is only still peaking out about donald trump himself. in fact, issuing this very biting quote about him in people magazine today, i ll what does it mean for donald trump and the donald trump campaign? it s not good news. the allegations she has corroborated in some parts because she had told people of them at the time that they had occurred and didn t just come out with a story to try to takedown his candidacy. this is a very damaging and difficult thing for donald trump to deal with because in one respect, he has to deal with it publicly, because he has to try to put an end to it and another respect though he has to deal with the fact he needs to talk about other issues, and policy issues, he needs to try to move beyond it. so this is a very tough spot for donald trump to be in and not only her but all the other women who have made allegations against him. bob, melania trump spoke out to try to contain the damage about allegations of sexual assault and groping. here s what she said to anderson. i believe my husband. this was all organized from the happened? sure. i think overall, melania doing the interview was a good thing for donald trump, i think it would have been better if donald trump was with her during the interview. but you have it s the same thing that hillary clinton, she can t shake the e-mail issue, he can t shake these accusers of he said she said, and i don t think it s going to be ending any time soon and you really look at donald trump s numbers with women. he needs to improve them if he s going to win this election. these type of desires, stories know who is telling the truth, but they don t help him. it sort of reminded me of the 60 minutes interview with i m not some little tammy wynette standing by my man and we realize some of the things against bill clinton turned out to be true. looking back if we re talking to each other ten, 20 years into the future we ll be looking back at this melania trump and possibly thinking the same thing, bob? i don t i think it depends on who wins on november 8th. but because there have been so many women that have come forward in the wake of the access hollywood tape, which was very damaging to trump, you never know, but at the same time, this is what this is what politicians do. they re accused of stuff. we don t know who is telling the truth, but accusation, after accusation, it does add up, it leads to bad headlines, and that s bad for trump. and mark, it is showing up in the polls because five national polls published within the last couple days shows clinton with a significant lead. how much pressure does that put on donald trump to try to get this, you know, allegations of sex abuse or groping behind him, and then how much does it put on him to win tomorrow? how much pressure? let s just say by this time tomorrow, donald trump will put his campaign on track or he ll be derailed. he has one last opportunity to hit upwards of 50 million, to 60 million people, and try to d discredit. he needs to not talk about ex-sexsex u ual allegations. he needs to talk about how he s going to change washington. he was no colorado just a few hours ago and he didn t talk a whole lot about the sexual allegations. he talked about he was going to drain the swamp and bring change to washington, d.c. that s a much better message for donald trump, and anybody running as an outsider like donald trump is, a, get your base solidified again and he s got to get the middle of the road voters. the rigged election part of the strategy tomorrow? it s crazy if it is, because it s something that while it plays well in these big rallies that he s doing, at some point when you have everybody going out there, including president obama, some would say it s predi predictable to dismiss it, you have the ohio governor who is going to vote for donald trump, saying donald trump is wrong, as well as republican leaders. it s not a withnning strategy. what s a grand slam for donald trump tomorrow? a grand slam is he shows he s presidential, he does not take the bait when hillary clinton says something, that he talks about what he wants to talk b talking about trade, talking about the economy and mark i definitely agree if you want the status quo, you vote for her. if you the want change, you vote for me. if he can do all of that he hasn t shown he can, he can win this debate. what s a home run? i think a home run is anything that isn t a big loss. if she loses narrowly, she s looses looses on points that s still a win because of her points right now. she s got to play it safe, go to a four-corners offense and run out the. she can t be too tepid, and has to fire back. i think they are going to shake hands because i think she ll try and set a different tone. we ll come back trump speaking out in the accusations against her father. will it help his campaign? . when coughing keeps your family awake. breathe easier with vicks vaporub. soothing cough relief that starts working instantly. the mistay connected.elps us the microsoft cloud offers infinite scalability. the microsoft cloud helps our customers get up and running, anywhere in the planet. wherever there s a phone, you ve got a bank, and we could never do that before. the cloud gave us a single platform to reach across our entire organization. it helps us communicate better. we use the microsoft cloud s advanced analytics tools to track down cybercriminals. this cloud helps transform business. this is the microsoft cloud. inside everyone is an incredible cook, someone who can cook an amazing meal any night of the week. farm fresh ingredients, step-by-step recipes, delivered to your door for less than $9 a meal. get $30 off your first delivery blueapron.com/cook. we catch flo, the progressive girl, at the supermarket buying cheese. scandal alert! flo likes dairy?! woman: busted! [ laughter ] right afterwards we caught her riding shotgun with a mystery man. oh, yeah! [ indistinct shouting ] is this your chauffeur? what?! no, i was just showing him how easy it is to save with snapshot from progressive. you just plug it in and it gives you a rate based on your driving. does she have insurance for being boring? [ light laughter ] laugh bigger. [ laughter ] the tape was released, my father s comments are clearly inappropriate, and i m glad my father gave an apology to the american people. is this statement enough? no is this sort of i think the nice thing about the way elections work is every american e eve , every man and woman decides if this is the person we want in the white house. and i m not going to judge ivanka, or her and trump s relationship what else would you say? exactly. that s his daughter, and that s their relationship. i do believe in spite of the mess that s become we should let private family issues be family issues. the thing here is the voting public and whether we are going to accept a man who has brag body sexual assault, who has a history of public misess ojonny do we want him as our leader. free world? absolutely not. it doesn t help one bit. do you agree with what her assessment of what mel knania tp said, we should let family issues are priefevate? there s not a whole lot of room for privacy. having ivanka and and melani speak, they put a softer side on him, and melania s interview was good, first and foremost, what a lot of people wanted to hear is donald trump apologized to her, she accepted his apology and she said she hopes the american people do. i think the mistake was a couple things, going on to say this was boy talk let me play some of it and you can go on with your response. i said to my husband the language is inappropriate, it s not acceptable, and i was surprised because that is not the man that i know, and as you can see from the tape, the cameras were not on, it was only a mic and i wonder if they even knew that the mic was on, because they were kind of boy talk, and he was leading on like egg on from the host to say durirty and bad stuff. pardon me, i didn t mean to interrupt you, but blaming billy bush and saying it was boy talk. they see it for what it was. it wasn t boy talk. it wasn t locker room talk. this was aid gro grown man, run for past of the united states and that s how people see it. for her to blame or anyone to blame it on billy bush egging it on, it s a tremendous mistake because it leads the appearance that he s not actually taking responsibility for his own actions and that s exactly what he should have been doing. actually, this interview should have been done ten days ago. you ve done this a time or two. my question, the same thing i anded about and asked about ivanka, what would you have melani assaa say? basically understanding the american people understand personally he s apologized and they re moving forward. other than that case closed, leave it at that and move on to more important issues. i think that s what the american people want, and i think he needs to move on. we could have had an entire week of talking about issues that are strong for him. i think talking about draining the swamp, doing away with washington as usual, that s going to be a good message moving forward and reminding american people who he won the republican nomination leading on the economy and immigration and issues like national security, and those are the things that we need to spend the next few days talking about and not talking about these issues and certainly we don t need to be blaming the women because hell hath no fury like a scorned donald, and that also is a tremendous mistake. i appreciate your candor. how do you not though when people say don t talk about these things and you tell someone, don t look at her hair, you re going to keep staring. do you think people are going to continue even though he s try ago is he going to talk about it? when s he going to say something? is she going to say something? do you think that s going to be part of it, sally? the unfortunate thing about this election is we ve talked about issues apparently about 11% of the time, at least those numbers were through july of this year. 11% of the time spent on issues at a time when we have still a struggling, recovering economy, when we have concerns of security and isis and all of these things. 11%. so this is a tabloid election. we talk about this stuff. we re going to continue talking about it. i do think the issue though is it can t be separated from donald trump and his character. he you re electing not just a person for the ideas and he doesn t have any so what else do we have him left? we judge him on his character. i want to play this. manu raju, our reporter in washington said, i was an athlete and no one talked that way donald trump and billy bush did on the access hollywood bus, watch this. we have now ten women that we know that have come forward that he sexual assaulted them. that s a crime. do you think he s committed a crime? i don t know. you know, you have to have somebody file a complaint, you know, you can t do it without someone having these are people who are trapped. they are with this man in public places and like an airplane, puts his hands under somebody s skirt in an airplane. the woman moves her seat. i mean i for me, i can t understand i don t know about a crime, but it is kind of a sickness. so alice quickly because i need to move o. i have to ask you something else that s just as important. that s a pretty serious thing for him to say. the. a it is. in terms of whether these instances are true or not, it s disturbing and unfortunately, to harry reid s point, unfortunately a lot of times when situations like this happen, women can t come forward for whatever reason, for their job, or they feel intimidated by a man in power, so i think these are all issues that are side issues that can and should be talked about at some point, but in terms of the presidential election, i think we need to look at the bigger picture in terms of this happened, he s apologized for it, he s trying to move on and i think further for the good of this and let people judge for themselves. i want to play this is ed rollins chair of the pro donald trump great america pack. he said this today. itf somehow trump pulls a miracle, which would take a miracle at this point, and obviously his party he can do what he wants with it. if not i think we begin from ground zero with lots of different facts and candidates. is he right? will it take a miracle? i love ed rollins and he s my political mentor. it s a difficult situation. hillary clinton is trying to run out the clock. the latest polls show him down 20 points amongst women in the key battleground states one month ago, hillary was just up five points amangst women, now she s up 15 points amongst women. women take up 53% of the eli electora electorate, so donald trump needs to try and make up ground in the last three weeks and has his work cut out for him. it s a difficult road ahead. it s never impossible. never rule out donald trump. he s been counted down and out before but it s going to be a difficult road. alice speaking the truth tonight. go ahead here. he insulted duo you think it s a miracle do you think it s a miracle if donald trump if he can come back. yes, i ve been praying for it every night. i m losing myself in double flegtives. it will take a miracle for donald trump to win. listen, then i ve stopped making predictions about this election, you know, because he s defied everying iss every single one of them, but this is the miracle i hope for, the american peel aople are bet than this, not the insults of everyone under the sun, but please be better than this. please. please. thank you, ladies. thanks, don. when we come back we ve been hearing a lot of locker room talk in the wake of the lewd donald trump tape, but wait until you hear what donald trump has to say about what goes on in the locker room. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me. lepe s foods is a locally owned here in santa rosa. as a small business, we re always looking to save money, and pg&e was able to help us. i help the small businesses save money and energy. it feels great. we looked at their lighting, their refrigeration system, and with just those two small measures, they were able to save a good amount of money. i was shocked. i couldn t believe that i could save $1,500 a month. with the savings that we get from pg&e, we re able to pass it on to our customers. it s pretty awesome. learn how your business can save at pge.com/businessenergycheckup. together, we re building a better california. course howard stern. he s what he said today. this idea of locker room talk, i have to tell you something, all the times i ve been around guys and believe me when i m around guys 85% of the time you re talking about pussy. but i have never been in the room where someone has said grab them by the pussy. in other words i ve never heard that term before. no one has ever advocating getting that step you re going to invade someone s space. locker room talk to me is guys are talking about who s hot, or what they ve done to chicks or what they re hoping to do to chicks. andy, even howard stern says trump s language isn t locker room talk, what s your reaction? don, i don t know if i m the right guy to analyze locker room talk. i don t know. to me, the howard stern stuff, this is from the 90s when he was on the show, five ten years ago, and to me, to analyze in a political setting i ll just level with you, it doesn t seem right. even howard stern i m nota howard stern fan. bababuoy. trump went in there and it was an entertainment program and to kind of all the sudden now it s on cnn, i just feel like this is apples and oranges so i really can t comment on it. van jones i saw a side eye there. l jui just wanted to say the reason i feel this tape has been different than everything else with donald trump is everything else he s done that s been controversial, that s gotten people upset could be put into one of three categories. it was either political conviction, he actually believes this stuff, even if it s outrageous, he could say, he s an authentic guy, or it s political calculation, trying to play to a certain base and say, maybe he s just being smart politically, or it s comedy, he s being an entertainer. this is not the first time it s not political calculation, or comedy. this is him by himself in a hot-mic moment with somebody else just talking and being his actual self and his actual self is disgusting and appalling. and we could go back, boy talk, locker room talk, et cetera, this is sexual assault talk, this is criminal talk. i can t go and grab donald trump by the crotch and try to kiss him. that s an assault. i d go to jail, and so it s not about the talk, it s about the deed that the talk describes. that was a visual fur most of the audience, but any way scottie, you re shaking your head. i don t know how i can follow that one. i m going to try to pivot just to clear all of our minds. it s pivot time. and you know, it s funny. i think it s hilarious that van says political calculation. we already have nbc saying they sat on these tapes. they actually wanted to release them 48 hours before the debate, to cause the maximum amount of damage but because of the hurricane that went through they ended up getting leaked out. this is all political calculation. it does not dismiss sort of like the wikileaks. that does not apologize for the works of themselves. if this would have come out six months nine months a year ago, they would have had the conversation but the reason we re talking about this is going into this month hillary clinton had not been able to mobilize the female vote. donald trump was leading by 17 points with female married women. let me and you asking, scottie. that s the reason why this came out. scottie, you think the clinton campaign is behind this. do you think the clinton campaign are in cahoots with nbc news and anybody else, and it s really? it s already been shown nbc wanted to cause maximum damage with this. now whether that was at the allegiance we ll have to wait. maybe that was an e-mail that was lost in the deletion of her 30,000 e-mails. we ll find that out next year. that was good. thank you. you cannot sit there and look at the timing of all of this coming out they re calculated and once again we re distracting from the issues most men and women in america want to find out about these candidates and nbc for some reason schochose to sit on these tapes three weeks before the election in order to cause damage you ve made your point. the character of the candidate, that s very important when you re running for president and as i said, i think i said this the night before, peoples characters are often revealed when they are when they don t think anyone is listening, and so when you re in the public, you have a microphone, you re in front of these cameras, you re going to be on your best behavior, but when you re on the bus and you re hanging out with your buddy, that may be your true character that comes out. do you agree with that, bakari? i don t agree with it, but but even more importantly, don, i think we re looking at this tape in the wrong manner. i think we we re looking at it in a vacuum. we have to look at it in the totality. donald trump from the get-go, we ve said this over, and over, and over again, but it can t be stated enough, he targeted hispanics, he targeted muslims and african-americans. he targeted the disabled. he targeted pows, he targeted gold star moms and now he s talking about sexual assault on women. this is not anything new when you look at it in the totality of the circumstances. now i had two major issues with melania trump s interview. first was that she simply stated that he speaks real, he s very honest and what he says is what you can believe, you can take it to the bank. all trump surrogates say that. if heed that on that bus, can we take that to the bank, as well? is sexual assault to him something that he believes in his core and his heart? that s first and the second thing is, she said billy bush made him do it? if billy bush made him do it, what is putin, what s the iranian regime going to do to him? if you can t stand up to billy bush that s going too far. 11 years ago, i would love to see bakari ywhat you were sa 11 years ago. that s ridiculous. those are very good points f. he s saying billy bush was 20 years his senior that s an absolute stretch. if we re going to take the hidden tapes, the videotapes that have come out about james o keefe, and are we looking at the wikileaks, the racist, and the homophobic james o keefe is not running for president. we re talking about the person running for president. he s encouraging. let s talk about what they call bernie sanders himself that s come out in all of this. like i said scottie, i do have to say hold on, bakari. you re making very good points but it s not you re not answering bakari s questions and i thought those were two really great questions. if billy bush can sort of goat him into saying those things what s going to happen when a world leader does the same thing? if we can t believe what he said on the bus on an un-guarded moment, why would he say you can take what he means and take it to the bank? i think those are great questions. i think it was two guys peacocking in front of each other, try fing to show off and figure out who was the bigger manually man. it happens all the time. don t agree with the word choice, but most men may not go to that extent, but a lot of guys try to beat one another. bakari, you ve never said that listen, i ve never said anything about sexual assault tow any of my friends. in fact, if you say something like that in the conversation, that s a quickest way for to you get jacked up and somebody to have a serious conversation with you. there is a line that is guy talk and what donald trump did i mean he s a habitual linestepper. he jumped over that line to what s inappropriate. no mother, sister, daughter, aunt deserves any of that. to me what this is revealing what trump is talking about with media bias. anyone with the right mind, including melania trump, has said this tape is not good, he apologizes but we re on day ten of this scandal and the balance you forget last night his wife came out to support him for this tape doing a long interview his wife was on cnn last night, and fox today. we would not have been talking about it had she not agreed to do those interviews. she is standing by herman. i disagree, don, with all due respect. and an important point, when donald trump is reeling against the big media and you call is a conspira conspiracy, it s a very real phenomen phenomenon. the center for public integrity looked at the money that was given to presidential campaigns and 96% of the money went to the hillary clinton campaign. so i agree with you that, yes, this is a bad tape we get it, donald trump did not look good. they re talking about the media they re talking about food critics and movie critics, they re not talking about journalists, so the numbers are skewed. my question was i m going to let you get in, van. to be more specific, just so you know, andy, my question was about melania trump s response, that was what bakari said, and what came out of her mouth, yeah, and so that s what we were responding to. but any way, van, i m going to let you talk and make your point after the break and andy i ll let you know, as well. we ll be right back. unces a new swiss jr. bacon cheeseburger as an option with the 4 for $4 for a limited time. with 4 nuggets, fries and a drink for just $4 the swiss jr. bacon cheeseburger. now back to america. his policies are so much more important than his personality and his personal flaws with bill clinton. with donald trump, his personal flaws are so much more important than his policies say on trade or whatever so they can make that case and they can feel comfortable with it. there s problem though. what i think we don t actually get honest about is that it wasn t the tape. it was really donald trump s response to the tape that left a lot of people very concerned. it was the tape, van. when barack obama van, come on. hold on a second. can i you have your point. i want to make my point. the tape was horrible. but listen, there was a horrible tape with barack obama, as well, in 2008, when reverend wright came out, the guy who married me shill a michelle and obama said horrible things. he kim ocame out and gave one o most impressive speeches in american politics and he shows under fire he could take us to a higher place. the problem with donald trump, when the bomb fell on his campaign, he took us to a lower place and started talking about bill clinton and everybody else. for a lot of people they say this is not the kind of person they want in the white house. when he gets in trouble he takes us low, not high, and that s a big part of why the media isn t moving off of this. he s not apologized or risen to the occasion yet. all right. i agree with van what was that, don? i said all right, deacon jones. don i was going to say, i agree with his point about bill clint clinton, but with the reverend wright stuff, this was somebody that he knew for a decade, he went to his church, you know, he was the individual who married them. that s something that barack obama did consciously for a decade, and the stuff that was said about the united states of america was so horrific. nobody is proud of this moment, but this is a 15-second, whatever it was that horrible moment before the bus opened with the sccamera. i ve known the man for seven years and if you talk to anybody that knows him, including his wife, this is not the man that donald trump knows, and he s made it clear that s not who he is. told on, bakari, van, as i said deacon, i understand those words, g-damn america that didn t come out of barack obama s mouth, that came out of reverend wright s mouth. the words on that bus came out of donald trump s mouth. if donald trump had sat in a church with a preacher, who said those things, that would be a different story, but i don t think i think it s apples and oranges to compare those two situations. but i ll tell if you donald trump had sat in that church, i ll tell you every night on cnn around-the-clock, there would be a different member of that church there and it would be on, and on, and on. you don t remember 2008? that s not accurate. what s accurate is that donald trump said that he likes to commit sexual assault because he can do that. he said i just walk up and i grab them because i can do that. i ll put a tick ta-tac in my mo and i ll kiss them and you have women who said he put a tic-tac and he kissed me. but this is the same person who talked about women s appearances, women s flat-chests, the whole plethora, who walked into locker rooms women were changing for pageants. that has not been proven, once again. he said it himself. that doesn t mean he did it. first of all, let me say this scottie, before you respond, scottie, he did say to himself, again on on howard stern, he said that he walks into the room and he has i have to inspect it is place. but go on, scottie. and a lot of people say things on howard stern, and let me say this howard stern is entertainment. and he wasn t running for president. he was not a politician. i m sorry he doesn t have this well covered. let me point out i m a female, melania trump is a female. we are women. this is where this is going to go dead because the way the media has handled this is starting to back fire, especially the majority of these women s cases are finding out to be hit jobs on mr. trump, tied with the hillary clinton campaign, the dnc having maj majority of them are. there were chaperones that never came forward and said wrong things happened. the details matter. this is your track record, it s getting old. i ve got ten seconds left. who is going to respond? grow up. i have an 11-year-old daughter. thank you. and i don t care if a chaperone is in the room, if a grown adult man running the pageant or not walks in while she s changing clothes that is a problem. then why didn t the why did he brag about it? it s different. once again it never happened. thank you. we ll be right back. happy anniversary dinner, darlin can this much love be cleaned by a little bit of dawn ultra? oh yeah one bottle has the grease cleaning power of two bottles of this bargain brand. a drop of dawn and grease is gone. alarm clock beeping] look out honey. the highly advanced audi a4. ain t got time to make no apologies. 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[ music continues ] [ tires screech ] [ laughs ] [ doorbell rings ] when you bundle home and auto insurance with progressive, you get more than a big discount. that s what you get for bundling home and auto! jamie! you get sneaky-good coverage. thanks. we re gonna live forever! people would ask me that we traveled,ntries what is your nationality and i would always answer hispanic. so when i got my ancestry dna results it was a shocker. i m from all nations. it puts a hunger in your heart to want to know more. sprint? i m hearing good things about the network. all the networks are great now. we re talking within a 1% difference in reliability of each other. and, sprint saves you 50% on most current national carrier rates. save money on your phone bill, invest it in your small business. wouldn t you love more customers? i would definitely love some new customers. sprint will help you add customers and cut your costs. switch your business to sprint and save 50% on most current verizon, at&t and t-mobile rates. don t let a 1% difference cost you twice as much. whoooo! for people with hearing loss, visit sprintrelay.com. internet. instantly a new hashtag was born, #billybushmademedoit. as in when trump cheated on first dad. or ryan lochte changed his story. you know how trump is always saying this whole election is being rigged? now we all know who is rigging this election. and the hashtag. even noted hillary supporter cher got into the act. how can trump stand up to putin? couldn t stand up to billy bush. this four-year-old puddle tweeted billy bush made me put this paper towel on my head. john olver did a segment. about billy bush being creepy with everyone. now they can add the 2005 bus scene. melania had a name for what husband engaged in on that bus. boy talk. with a 49-year-old boy? blame it on the 23-year-old, president trump, why did you nuke brussels? hashtag. come on billy. let s go. that s better. cnn new york. thank you very much. that s it for us tonight. appreciate you watching. see you right back here thursday night. unforgettable, wherever you go the scents you can t forget. from herbal essences, blooming now! all seems beautiful to me. upgrade your phone system and learn how you could save at vonage.com/business - we had to think a little more seriously about saving money for the future and for the kids and for their college funds. we thought, well this airbnb is actually a great way to pay those extra bills. - every bit of extra money helps these days. we have a retirement fund of our own and i take a draw on it. i don t want to take too much either because i don t know what life is going to bring to me. i get to keep 97% of my rental price. the extra income i get from airbnb has been a huge help. - airbnb has helped me so much financially especially starting my own business. san francisco is such an expensive place to live. the way people work and travel is changing. the guests are now able to stay longer, stay five days, enjoy another day in san francisco and spend more money in the neighborhood. my guests are able to extend their stay and spend more money
heading into the end, though, donald trump, look at this, the foundation of trump support, white voters without a college degree, a whopping 30-point lead on that question. one of the arenreasons this is a total blowout nationally. we didn t just ask voters who they re voting for, we asked them why. a five-point national lead, not a total blowout. one of the reasons it s not bigger than that, who would best handle the economy? donald trump wins on that. the other big issues, hillary clinton a little bit on terrorism, a bit on immigration. what has her campaign been about, saying he s erratic, unfit, temperamentally not fit to be president of the united states. the voters agree, nearly 30 points she wince on the question of which candidate has the best temperament to be president, also wins by 15 points when voters are asked which of these two do you trust to be commander in chief? she s winning on the qualification for the job, if you will, even though she trails on the economy. the biggest question of all, anderson, anything in the new national numbers to change this? cnn electoral map shows hillary clinton with a lopsided add vanta vantage. there s some reasons to say donald trump s republican support is coming back, maybe that will help him in the west where he s struggling. there s also good reasons for secretary clinton. she leads when we asked voters in the midwest, when asked who they d pick for president. look at the national numbers and this map, a tighter race than some organizations have it in their polling. still advantage clinton. when you go state by state, lopsided advantage clinton. donald trump as we said finished a big rally. his very first words at it after thanking supporters was to point to a different poll showing him in the lead. we should say the survey from investors business daily does not meet our standards for transparency. cnn s jim acosta joins us now. thump spending a lot of time in florida obviously this week. he definitely needs to win there. what s the latest tonight? reporter: that s right, anderson. donald trump just wrapped up his remarks here at tampa right around us at this moment we want kellyanne conway, his campaign manager, said on meet the press yesterday, we are running behind, but then earlier today, anderson, on cnn, jason miller, the senior communications adviser, said oh, no, no, kellyanne conway was talks about fund-raising but anderson, if you go back to the transcript from meet the press she was asked about how they re doing in the polls and she acknowledged as is the case right now that day are running behind. i have to point out right now, anderson we ve been seeing this at on a routine basis at the donald trump rallies, he s been ramping up the rhetoric against the news media, we re seeing hostility against us, the media covering his campaign. a man right now holding a sign that says trump sucks. earlier tonight, a woman jabbed me with her trump for president sign. i kaecan t imagine another coup weeks of this. it s getting intense. hillary clinton who s putting a good deal of her campaign emergency into down-ticket races, some worry is overconfidence. she s extending her coattails to senate candidates, trying to take advantage of the one senator who s been known to get under donald trump s skin. more on that from brianna kei r keilar. reporter: hillary clinton making a campaign swing through new hampshire. we are more than our disagreements, we americans. there is so much more that unites us than divides us. reporter: and she s got help from liberal darling elizabeth warren, senator from neighboring massachusetts who took aim from donald trump for this remark at the last debate. such a nasty woman. he thinks because he has a mouth full of tic tacs he can force himself on any woman within groping distance. i got news for you, donald trump. women have had it with guys like you. nasty women are tough. nasty women are smart. and nasty women vote. reporter: but for many americans, election day has come and gone. according to an analysis from catalyst by cnn, 5.1 million votes have already been cast across the u.s. as clinton and her campaign are feeling confident about her path to the white house, she s focusing more on helping democrats take back the senate. campaigning here in the granite state with governor maggie hassan who s leading in the polls as she looks to unseat incumbent republican kelly ayotte. unlike her opponent, she has never been afraid to stand up to donald trump. she knows he shouldn t be a role model for our kids or for anybody else, for that matter. reporter: it s a familiar refrain clinton is using. over the weekend in north carolina, she rallied voters for deborah ross as she tries to take on senator richard burr. unlike her opponent, deborah has never been afraid to stand up to donald trump. because she knows he s wrong for north carolina. reporter: clinton is steadily moving her focus beyond donald trump. upping her planning for what she believes will be her transition to the presidency, a source close to clinton tells cnn. but clinton denies she s getting ahead of herself. you know, i m a little superstitious about that. we ve got a transition operation going and i haven t really paid much attention to it yet because i want to focus on what our first task is and that is convincing as many americans as possible to give us the chance to serve. brianna joins us now. what are you hearing from the clinton campaign? how confident is she going to the final two weeks of the campaign? reporter: you know, they re saying that every vote matters, of course, but there s a lot of confidence that we re hearing from the clinton campaign. they need to be careful they don t count their chickens before they hatch, specifically we re talks about people in the middle of the political spectrum who don t want to vote for donald trump and don t really want to vote for hillary clinton. they could become complacent if they think they don t have to vote for hillary clinton in order to vote against donald trump. but it s just so clear the confidence as she is heading out to help all of these down-ballot democrats. that s what really tells you where they re at. brianna, this new report that came out today saying obamacare premiums will be going up an average of 22% next year. that s going to make things difficult for clinton considering how closely she s tied her campaign to its supposed success. reporter: that s right. politically this is not good for hillary clinton or for president obama, but here s the bottom line as we see it. i think it s important for people to understand, 22% increase in the next year in premiums on through obamacare. these are the plans bought on the exchange. it was 7% last year. so that is a jump. now most people because they get subsidies on the exchange actually aren t going to feel that increase, but still, this is a sizable, the overall cost of the program is big. it s getting bigger an td the b issue is choice. there s a number of states going into next year where people may go on the exchange to get a plan and only going to have one insurance company to choose from. our panel, jonathan tasini, christine quinn. patrick healy is sheer. trump supporters jeffrey lord and scottie nell hughes. donald trump says he s going to win. they see a path. do you see what he s saying? he s in trouble and they know it. they are basing a lot of these assumptions on arizona being a solid trump state. nevada coming through. perhaps new hampshire coming through. certainly ohio and florida coming through. and talking to people inside the trump campaign, they acknowledge that they need that economy argument to really cut their way in the last two weeks. that seems to bt only thing in which he s leading. the only thing he s leading and, you know, in trump s favor here, 9 the1% of people in the cnn poll say the economy is still very important or important to them. he has an argument to make there. he could dtie in the obamacare premium. you have donald trump coming out today saying the latest accuser against him of unrawanted advans is a porn star and bad mouthing her. the last two weeks donald trump needs to be focusing on that economic argument. it s the best one for him, but as we ve seen for the last year and a half, his ability to get in his own way is still there. jeffrey, even this weekend, gettysburg address which was supposed to outline his first 111 1 supposed to outline his first 111 1 p 100 days he spent a fair amount of time talking about suing these women accusers. right. i think what he s tryinging to do is die all this together, all of this gets back to a culture of corruption, if you will. there s an ad i found very interesting. i think 15 days out, if we learned nothing else, the last year and a half, things can change on a dime. there s a television ad by a group called america s worth it. it never mentions donald trump. what it does is attack hillary clinton as the queen of corruption and ties her to their words, not mine, liberal media bosses. that is part in parcel of the trump attack, and so at a major policy address that you said this is going to be my 100 days, the big-ticket item initially to be i m going to sue all these women i understand. there s two ways of looking at this, anderson. i confess, that was my first reaction. the second reaction once you get a couple lines. three or four. all right. once you tie this all in, it s all it s all tied together. today in pennsylvania wait, wait let him finish. today in pennsylvania, the former democratic attorney general of pennsylvania was sentenced to jail for corruption. now, i m just saying that this kind of thing makes a difference and that s what he s trying to point out. so he s trying to wrap it up in a culture of corruption but if you listen to what anderson said, he raised how he stepped on his message by continuing to bring up he s going to sue the women and now attacking the most recent accuser in an incredibly insensitive way by saying something to the effect of this isn t the first time she s been gro groped. he said, oh, i m sure she s been grabbed before. the people that s appealing to the most are the people who are harassing jim acosta, diehard trump supporters who hear this and believe that sort of larger, you know, narrative right. with the news media. but that s not getting whatever undecided voters are left or the soft clinton supporters. these are his acts. this is not a conspiracy by the clinton campaign. these are women who are accusing him of doing something. let me ask you about the obamacare premiums going up 22 pk. i mean, that had that happened during the primary, that would have been something that bernie sanders would have jumped all over. how bad is this for hillary clinton? well, bernie sanders and in progressives still believe that the only way to solve this is to have a single payer medicare for all system. i will point out secretary clinton has started talking about the public option as an alternative, frankly, what she needs to move to. there s no question that the obamacare the rising premiums are going to hurt people but i think that for donald trump to make the argument and republicans to make the argument they re the solution, they want to throw all the people covered by obamacare off obamacare so they won t have coverage and would not preserve the pre-existing condition trump claims he would preserve it but how much do you wish he hasn t shown how. how much do you wish this happened months ago, this announcement was made? thank you for being honest. someone admitting the goal of obama compacare to put us on a payer system. i m saying the opposite. that s what the whole goal is. may i finish now? 17 of the 23 exchanges are now out of business, gone bottom up. this is not impacting those in urban areas. this is impacting those people in the rural areas. you ve got in alabama right now 71% of increases of most people on insurances, oklahoma city is going to have the same kind of rural areas of arizona, 116%, they re going to see their premiums i just want to clarify something, though. that s the issues that are impacting america. you can talk about these other women. jonathan? obamacare was a institute for inaction on the part of republicans, period. republicans did not want to change the current system which basically cost people their lives and left millions of people not covered. that s not true. it is absolutely fact. no, it is not. it is absolutely the fact. the second thing, what obamacare tried to do is begin to go along the path, no question about it, to single payer. i m not embarrassed by it. you should be. we should have medicare in the country, if we don t have medicare for all system we have to take a quick break. we re going to pick this up in a moment. later as we ve been discussing i ll ask the republican party s top spokesman how donald trump squares his polling problems with women with his continued statements about women and the women who are accusing him. that s just ahead tonight on 360. we made the movie the book of life. the image on the surface book, transports you into the world which is our main goal as animators and you can actually touch the screen. you can t do that on a mac. in my gentleman s quarters, we sip champagne and peruse my art collection, which consists of renaissance classics and more avant-garde pieces. yes, i am rich. that s why i drink the champagne of beers. hey! we re doing the wave! all taking off with me!baby. for 42 minutes he s been trying to bring an entire stadium to its feet. you missed it buddy. (rich) why does he do it? for glory? notoriety? we don t know. waaaaave! frankly, we don t need to know. but much like this hero, courtyard is all about the game. taking off with me! one, two, three! waaaaave there s my guy! yes. snacks? yeah, man, eat it up and we re gonna burn it off doing the wave! what powers the digital world? communication. like centurylink s broadband network that gives 35,000 fans a cutting edge game experience. or the network that keeps a leading hotel chain s guests connected at work, and at play. or the it platform that powers millions of ecards every day for one of the largest greeting card companies. businesses count on communication, and communication counts on centurylink. donald trump says he s winning most but not all polling, certainly most reputable polling says he s not. experts have said if trump were to win it would be the biggest polling failure since dewey and truman in 1948. donald trump is railing against more than just the polls. our system is rigged. our system is rigged. she never had a chance of being convicted, even though everybody in this audience, and boy do we have a lot of people, everybody here knows that she s 100% guilty. that was donald trump just moments ago. back with our panel. i want to bring up the story from the wall street journal because a lot of republicans are pointing to it, ties a contribution from a pac of a close clinton ally, virginia governor terry mcauliffe, to the wife of the guy at the fbi who ended up being in charge of the investigation into the clinton e-mail server. basically implying there was a quid pro quo. right. how damaging do you think that is? because it certainly fits into the narrative you guys want of exactly. that this is that s exactly the point. anderson, we look at these polls, let me just talk to pennsylvania for a second. depending on the poll he s behind by five, six, seven, eight, nine points, et cetera. i know you hate when i do anecdotes. go. on saturday when i had the day off, i took good old mom, put her in the car, got the halloween pumpkin 20 miles out in the countryside. there were trump signs everywhere. i saw ones, one hillary sign. now, anecdotal, but i m trying to understand the polling data as, in relation to the what you re seeing out there. what i m seeing on the ground. the last time i saw that much effort for one candidate was 2008, they were all obama sides. christine, this terry mcauliffe story, this guy was not in charge of the investigation when the donation was made to his wife. he was later, i guess, elevated. right. how serious do you think this is? look, terry mcauliffe is an intelligent guy. there s no way around that. he doesn t have some kind of esp where he can figure out he s a very close friend of the clintons. he gave a donation in relevance to where somebody was. i m not saying he couldn t be so intelligent to see into the future to know where this gentle ma amm man was going to go. he was there. the gentleman was in one place and another job. he couldn t have possibly known. look, i don t disregard signs. they re a sign of enthusiasm. anecdote, i was in a restaurant today, a man came up to me and said i don t want to interrupt your lunch, his eyes welled up with tears, he said i wasn t sure what i was going to vote for, now as it s gone on and on, think about my daughters. like dueling banjo. mine has a person, he just has signs. he didn t have any tears pumpkins, though. all right. all right. two guys walked into a bar. one of them but it is interesting, these polls, i mean, the trump people continue to say, look, these polls are just flat-out wrong. right. and, look, we re going to know in two week. the problem is something like pay for play can have real damage, it can do real damage. you have to start laying the groundwork for a pay to play argument months in advance in order for it to break through and people to understand it. donald trump, i remember when we talked last spring when he was trying to figure out what adjective to put onto hillary clinton s name, he was going for sort of low energy hillary. highbrow he went for crooked hillary, but the thing is that pay for play, it s a complicated, you know, multilayered argument that just in the last two weeks, it s really very hard to this is another chapter in the book of corruption, the clinton corruption chronicles. doesn t donald trump continue to step on his message every step of the way? i mean seems like he cannot it seems like any other candidate would have been able to make a more coherent argument over, to patrick s point, over months and months and months without having, you know, the headline this weekend being i m going to sue these women when i get into office. but i think he has. i mean, let s look at it. we had saudi arabia arms deal, we had it was a 39-minute speech about 15 minutes no, actually i think it came out und out, two minutes were focused on women who were going to sue him. ten minutes was background overall. of the past. dealing with the scandal and media bias was ten minutes. he lumped it all together to jeffrey s point. it was everything other than issues about his first 100 days. i think it goes back to the idea, what is the media focusing on, what are they focusing on? what are the stories they re making their headlines be out of? they re not talking about the fact he wants to rid the swamp, he wants to put in term limits. by the way he s not talking about it the majority of it focusing on one line. the moment that i will never forget in this campaign, many moments, was interviewing donald trump in his office the day after fbi director comey s report came out on the e-mail scandal in july and saying to donald trump, this is a gift, you know, you re going to be talking about this for the next, you know, weeks and weeks and weeks. he said i can talk about it for about five minutes at the rally then everybody gets bored and got to go back to the wall and got to go to the polls. it was sort of like a that moment crystalized him, you know, for me. he s a showman. he s a performer. he needs, you know, there s a plus. the idea of prosecuting an argument for three months, four months, the e-mail was perfectly served up, you know, as a weapon for him. and july, it just sort of faded and august he had three opportunities at the debates. to your word you used, anderson, coherence, if you actually go and read the transcripts which geeks like me do, he s not able to make a coherent argument about any policy issue. i remember corey lewandowski before the last debate talking about draining the swamp, statement, taken fire among his supporters and what he d be talks about at ttal talking about at the debate. he used gettysburg, though. he started that, what, more than a week ago, he could have been i think you re going to the teleprompter let s go back to 2008 and barack obama. talk about one at a time. the great entertainer in chief. i mean, i will give barack obama this, in 2008, he was the best campaigner, you know, bill clinton was good, barack obama was even better. and he was allowed to get people engaged. he got people to the polls. he got people inspired. and it wasn t because of talking policy. i think mr. trump might have watched him. might have watched people like bill clinton. it s all about engagement. people showing up to the polls. obama we know barack obama and bill clinton and donald trump is neither of them. he s not that s a good thing. no, he s not he s got the energy. he s not able to engage voters. we have to pause it there. crunchtime on the campaign trail for both. i ll talk to rnc chief strategist sean splicer about the headwinds trump is facing. why too many of us aren t prepared for retirement. just start as early as you can. it s going to pay off in the future. if we all start saving a little more today, we ll all be better prepared tomorrow. prudential. bring your challenges. i talked to sean spicer for the rnc just before we went to air. sean, you ve seen the results of the new cnn poll. trump trails by five points. he said today at a rally he thinks he s winning. do you believe he s winning? i think when you look at the battleground states whether it s florida, iowa, ohio, where it matters, we re winning. we have a path to 270 that s going to put him in the white house come november 8th. again, i think the other thing, anderson, you look at states where we can start to see evidence of that. florida we re up over the democrats in the early votes. not just the absentee ballots requested, then returned. same thing in iowa. and in places, excuse me, like iowa and north carolina in iowa, excuse me, in places like iowa and ohio where traditionally we don t do as well as early votes, you see actually a consolidation of where we ve been in the past. it s a much closer race for us. we do so well there on election day. but, i mean, you know, we just had john king explain the electoral map. even if trump wins all the states that cnn currently has as tossups, he still comes up short of 270. so i mean, you re looking you say you re looking at early right, no. if you take florida, ohio, nevada, iowa, north carolina, and then add in new hampshire and maine, too, areas we re doing well in, that gets us over the 270 mark. i think new hampshire, though, i think even maine in real clear politics, a poll of polls, shows clinton in the lead. and also in florida. again, some of these places, there s not one of those states that s not in the margin of error. we feel good about our data, where we are, and voter targeting. the early vote, ann absentee vote requests and our ground game. i get with all due respect to the polls i know where we are data wise. we feel very good. this morning trump tweeted major story the dems are making up phony polls in order to suppress the trump. we re going it to win. do you can you point to which polls and which democrats he s referring to? abc showing a 12-point race. that s by far an outlier. the demographics that make up that s not necessarily a phony the phony polls are online polls donald trump always seems to be referencing. even the rasmussen poll isn t something we would use. okay, again, you get to make that decision. i think when you look at the ma rasmussen poll and ibd poll, the ibd poll was the most accurate poll going back a couple cycles. i get you might not like it but it s been one of the most accurate polls going forward. for clarificatioclarificatio use it because they don t reveal their methodology and the rasmussen poll uses a combination of online polling and telephone polling. right. i understand that, but i m not saying that you have to accept it, but it doesn t make it phony. just today donald trump said in response to an adult film actress who says he grabbed and kissed her, offered her money to go to his hotel room. oh, i m sure she s never been grabbed before. i really don t. the idea today we saw terry mcauliffe, one of clinton s strongest allies allegedly not allegedly, helped steer $500,000 in campaign contributions to the wife of the person who ran the fbi investigation of hillary clin n clinton. i m somewhat shocked they re not getting the level of attenti attention he did give the money before the guy was assigned to that case. he was the number three at the fbi at the time. yes, he became number two but the idea that that doesn t seem like a huge impropriety is a little the idea that people are sort of helping to make the excuses for. it s hillary clinton that should have to answer for that. it s terry mcauliffe. the media shouldn t be sort of making excuses for when certain things happen. they should be asking the tough questions as they do every day of the trump campaign. all right. sean spicer, good to talk to you as always. thank you. thanks, anderson. and our interview, complete interview with sean can be seen online at ac360.com. ahead, more on donald trump s appetite for suing people or threatening to. we ll look at why trump s threat to sue the new york times over its reporting on sexual assault allegations is likely going to remain just that, a threat and no more. we ll be right back. romantic moments can happen spontaneously, so why pause to take a pill? 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[ rock music playing ] have fun with your replaced windows. run away! [ grunts ] leave him! leave him! [ music continues ] brick and mortar, what?! [ music continues ] [ tires screech ] [ laughs ] [ doorbell rings ] when you bundle home and auto insurance with progressive, you get more than a big discount. that s what you get for bundling home and auto! jamie! you get sneaky-good coverage. thanks. we re gonna live forever! as we reported during a speech in pennsylvania over the weekend, donald trump went off script and spent a good amount of time attacking women who ve accused him of sexual assault threatening once again to take them to court. every woman lied when they came forward to hurt my campaign. total fabrication. the events never happened. never. all of these liars will be sued after the election is over. it was probably the dnc and the clinton campaign that put forward these liars with their fabricated stories, but we ll find out about their involvement at a later date through litigation. and i look so forward to doing it. well, trump is also threatening or there were reports he was going to sue the new york times over its reporting on sexual assault allegations he s facing. none of this is actually surprising giving trump s long history of threatening to sue people who say things about him he doesn t like. usa today wrote a strong piece about his propensity to sue. the presidential candidate threatened a rapper, documentary filmmakers, palm beach civic clucks newsletter and better business bureau for lowering its rating of trump university. vowed to sue multiple news organizations including the new york times, wall street journal, washington post, usa today, didn t follow through with any of those. randi kaye tonight reports. no papers more corrupt than the failing new york times. good news it is failing, it won t be around too much longer, but they are really, really bad people. reporter: donald trump tearing into the new york times for its reporting on women accusing trump of touching them inappropriately. trump s team called the article reckless and defamatory and demanded a retraction and an apology. failure to comply, trump s lawyer warned, would leave trump no choice but to pursue all available actions and remedies. the candidate has made it sound like a lawsuit is imminent. it will be part of the lawsuit we are preparing against them. reporter: if trump s lawyers do sue the new york times, don t expect the paper to request the lawsuit be dismissed. it may be exactly what t the ne york times wants. in response to trump s lawyer, an attorney for the times shot back, if mr. trump disagrees w wing the opportunity to have a court set him straight. read between the lines and the new york times seems to be saying, bring it on. donald trump in a court of law under oath answering all kinds of embarrassing questions about his sex life and his behavior with women. it s a process called discovery and in the end could provide a treasure-trove of stories. that is if trump tells the truth. the washington post found when trump was deposed back in 2007 for a lawsuit he filed against a new york times reporter, trump lied as many as 30 times. if a lawsuit is filed in this latest case involving his accusers, legal experts say it wouldn t just be donald trump facing questions. ivanka, the rest of his children and maybe even his ex-wives could be deposed. not to mention, the growing list of women who now say trump kissed them or put his hand up their skirt without consent. the republican nominee continues to suggest he s been a victim of libel. what s still unclear is if trump realizes how much a lawsuit could expose about his business and personal life. these false attacks are absolutely hurtful. to be lied about, to be slandered, to be smeared so publicly, and before your family that you love is very painful. reporter: painful, but with a lawsuit, the burden would be on donald trump to prove all the claims against him are false. randi kaye, cnn, florida. lot to discuss. joining me now, senior legal analyst and former federal prosecutor jeffrey toobin. trump s claim that he s going to sue the women who have made accusations against him, that he s going to sue all of them, how hard is a case like that? it s very hard in the united states for any sort of public figure to win a libel or defamation case because he d have to show one of two things. he d have to show what s called he d have to show either that the person who made the accusation or the newspaper knew it was false when they made it, or showed reckless disregard for whether it was true. now, reckless disregard means you made no effort to check it out and certainly when it comes to the the new york times, they obviously made a greet deal of effort to check out every story they wrote about trump, so it really does seem literally impossible for him to win a lawsuit against the new york times. it is, perhaps, somewhat more possible against these women, but as randi pointed out in her story, if she were to bring such a lawsuit, his whole personal life would be open in discovery process. so in discovery. that means the times or these women s attorneys could essentially depose him about his entire history. his entire sexual history, everything. and, of course, the access hollywood tape would come in where he admitted making unwanted sexual advances. virtually sexual assaults on women which would be argued on the part of these defendants was proof that he had a propensity for doing this which would certainly help their case. over the weekend also, trump made the argument that essentially the press in the united states can say whatever they want and that he want, you know, libel and slander laws to look more like they do in the united kingdom where it s easier for people to get convictions. it is. it s different in several important ways. the most important way is that in the united states, the plaintiff has the burden of showing that the story is false. in great britain, the publisher, the news organization, has the burden of showing that it s true. also what s different is that the loser pays the winner s attorneys fees. so it really raises the stakes for both sides. here, everybody pays their own attorney fees regardless of what happens, but the press is in a much more vulnerable position in great britain. is it just that the story is false or there has to be malice involved in the u.s.? in the u.s., no, i mean, they don t actual malice is a somewhat misleading term. it doesn t mean, like, hate. okay. it does mean a kind of recklessness. a reckless disregard. they didn t research it, they didn t look they didn t try. they didn t make any effort to check it out. usually what satisfies the actual malice standard is if you go to the subject of the story and say, is this true, will you respond to the allegations? clearly, the new york times did this. all the newspapers and news organizations that have written about trump have gone to him for comment and that, alone, basically eliminates the possibility that trump could ever win one of these cases. any reporter can show the steps they went to to try to verify a story. whether or not there was actual verification, at least having made the effort is enough. this is one of the key differences between the united states and great britain. in great britain, that s not good enough to show you made a good faith effort to check it out. you can still lose a libel case in great britain. in united states if you the reporter show the steps you went through, show you made an effort to get comment, to check it out, you win. i see. and the other point he said several times is that he wants to change libel law in the united states. right. that s something the supreme court has done. starting in the 1964 case, the new york times against sullivan. i mean, these are laws that are set by the courts. not by the president. so barack obama, hillary clinton, donald trump, nobody can no president can change it. only the courts. jeffrey toobin, thanks very much. coming up, at home with kellyanne conway. dana bash asks her how she feels about the candidate, and how he behaves on twitter. ggressive environment. we re not passive aggressive. hey, hey, hey, there are no bad suggestions here. no matter how lame they are. well said, ann. i ve always admired how you just say what s in your head, without thinking. very brave. good point ted. you re living proof that looks aren t everything. thank you. welcome. so, fedex helped simplify our e-commerce business and this is not a passive aggressive environment. i just wanted to say, you guys are doing a great job. what s that supposed to mean? 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(announcer vo) so buy a pixel, only on verizon, and get up to $300 back. and right now get four lines and 20 gigs for just 160 with no surprise overages. all on america s best network. you foundi m a robot! cars.com rawr yeti and found a place to service it, too. jingle bells now when you re ready, you can sell your old car and find your new one all on cars.com you know us for shopping, and now we re there for every turn. cars.com introducing the first-ever infiniti qx30 crossover. visit your local infiniti retailer today. infiniti. empower the drive. in my gentleman s quarters, we sip champagne and peruse my art collection, which consists of renaissance classics and more avant-garde pieces. yes, i am rich. that s why i drink the champagne of beers. well, you ve been watching this election closely, you ve seen her on tv plenty of times. kellyanne conway is a pundit. you ve heard about trump s refusal to release his taxes, and how in her words, at the time, built his business on the backs of the little guys. now he defend him on a daily basis, even when the going gets very, very tough. our chief political correspondent, dana bash, spent time with kellyanne conway at her home. take a look. reporter: morning at the conways. sweetheart, how s this? and which jacket? reporter: scrambling to get the kids ready for school. familiar chaos for any parent, though kellyanne conway is not any parent. kellyanne conway bluntly acknowledging the uphill climb. reporter: the mother of four young children is donald trump s campaign manager. on tv so much, explaining and defending her boss, saturday night live dedicated an entire bit to imagining her day off. this is so weird. this is exactly the way the snl house looked. where s walking on sunshine ? in my head. the pancakes are true to life. reporter: these days her mother, who moved in to help, makes the pancakes. conway s only been on the job since august. trump s third campaign manager, but the first woman ever to run a gop presidential race. i wasn t hired because of my gender, but it s a special responsibility. reporter: and often a difficult one. like this weekend, when trump went offscript, attacking the women who say he groped them. all of these liars will be sued after the election is over. do you just tear your hair out when you hear him say that? it s his campaign and candidacy and he has to feel comfortable with his voice. you re the campaign manager. do you feel comfortable with him saying that? i think trump is at his best when he talks about the issues. reporter: translation, going off-message hurts his campaign. conway insists she s tough on him in private. i don t sugar coat it at all. give me an example miami donald trump and you re kellyanne conway and i say something that really makes you mad i told him yesterday, on the plane, you and i are going to fight for the next 17 days. and he said, why? and i said, because i know you re going to win. and that comment you just made sounds like you think you re going to lose. and we re going to argue about it until you win. and what s his response? he said, okay, honey, then we ll win. reporter: for a time after conway took over, trump was disciplined, but not anymore. especially on twitter. literally, people will seriously say, can t you delete his twitter app? that was actually one of my questions. of course. it s not for me to take away a grown man s twitter account. and i moved on her very heavily. reporter: when tape from 2005 came out of trump describing lewd behavior, conway canceled sunday tv appearances, but still helped with damage control. i felt like rapunzel in the tower all weekend. and i told mr. trump in private what i ve also said in public or a variation thereof. i found the comments to be horrible and indefensible. and he didn t ask anybody to defend them, by the way. did you consider quitting? i did not. reporter: she said she thought his apology was earnest. the women who have now come forward and said, it s not just talk. donald trump groped me. do you believe them? i believe donald trump has told me and his family and the rest of america now that none of this is true, these are lies and fabrications. they re all made up. and i think that it s not for me to judge what those women believe. i have not talked to them. i ve talked to him. reporter: she was raised in new jersey by a single mom, aunts, and grandmother, all women, as a political pollster, she chose to work in what she calls a man s world, especially as a republican. she recalled a potential client, a man, asking how she d balance kids and work. it was just like, i hope you ask all the male consultants, are you going to give up your wicked golf game and your mistresses, because they seem really, really busy, too. reporter: still, like most working moms, time with her kids is precious. the question is whether she ll have more time in two weeks, after election day. when she was hired the august, she told trump he was losing, but still could win. do you think at this point, it is still possible to win? it is still possible to win. probable? i think that we have got a very good chance of winning. and dana bash joins me now. what a lot of peel say about kellyanne conway, is that she is an expert on speaking to women voters and that s always been sort of her calling card. it s got to be a i don t know what the adjective would be, but it s an interesting position she now finds herself in. frustration, and i think maybe the ultimate irony that she is a pollster, but she has sort of found a niche in not just working for political operatives or political campaigns and candidates, but for corporate america, explaining, using her experience and in data, explaining how to reach women, that she is working for a candidate, who has such a deficit with women. i asked her that question. and her answer was, well, in this stage of the game, it s too late. and i said, you mean, you should have been hired earlier? and she said, no, no, i don t mean that. but when she goes in and talks to clients, not donald trump, and corporate leaders who are not donald trump, she says she has like sort of a long-term explanation for how to talk to women. and that s certainly not a playbook she can follow when she s the donald trump s campaign manager. fascinating. i can t believe the staircase is the exact same in that saturday night live skit. i said to her, did they come in her and scout that out? and she said no. and i like her kids like hamilton. coming up, donald trump, as you ve seen, said he s going to sue the women who came forward and said he allegedly groped them. we ll talk to someone who knows what it s like to be sued by donald trump, a former miss usa pageant who said the pageant was rigged and was sued for $10 million. she lost her lawsuit donald trump won the lawsuit against her. i speak with her in the next hour of 360. oh no, that looks gross whoa, twhat is that? try it. you gotta try it, it s terrible. i don t wanna try it if it s terrible. it s like mango chutney and burnt hair. no thank you, i have a very sensitive palate. just try it! guys, i think we should hurry up. if you taste something bad, you want someone else to try it. it s what you do. i can t get the taste out of my mouth! if you want to save fifteen percent or more on car insurance, you switch to geico. it s what you do. shhh! dog, dog, dog. that s why a cutting edgeworld. university counts on centurylink to keep their global campus connected. and why a pro football team chose us to deliver fiber-enabled broadband to more than 65,000 fans. and why a leading car brand counts on us to keep their dealer network streamlined and nimble. businesses count on communication, and communication counts on centurylink.