precedent with the press. we have it all covered this morning. the trump transition, starting >> good morning. this continues to be a rocky transition for president-elect trump. former congressman and cnn contributor mike rogers who was a leading national security voice on the transition team, but he was lined to former transition leader, chris christie. amid all this, top transition officials are pushing back hard insisting they're not in disarray. president-elect donald trump's transition team continues to turn over now purging key members of their staff. >> sometimes in politics there are people who are in and people who are out. >> reporter: multiple sources saying trump's son-in-law jared kushner is trying to oust all chris christie associates from the team. >> the people who have been asked to move on have some

relationship with chris christie, in my case, i was hired by him. a whole series of about five of them that fit that criteria that were asked to leave in the last few days. >> reporter: kushner has a complicated history with christie. his father, charles, spending a year in jail after being prosecuted by christie, then a u.s. attorney in 2004 in illegal campaign contributions. but a high-ranking trump insider is dismissing reports of infighting and says the purge of christie loyalists is being mischaracterized. trump, too, is pushing back. defending the transition as very organized process taking place as i decide on cabinet in many other positions. i am the only one who knows who the finalists are. meanwhile, a source with close knowledge of the transition says that kushner could likely end up with a top national security clearance as a key adviser to trump. fueling concerns over nepotism and a potential conflict of

interest as kushner's wife, ivanka, will manage trump's empire. a potential roadblock for one of trump's top contender for secretary of state, former new york mayor rudy giuliani. according to sources, giuliani's lucrative consulting form is being looked over by trump's transition teams whether his business ties would complicate his confirmation. >> i think it is worrisome some of the ties to foreign governments because that was a big complaint about many of us with hillary clinton. >> reporter: meantime, donald trump breaking protocol, again, as president-elect. ditching his press pool of oreporters, for a late night steak dinner with his family tuesday. president-elect protective press pool goes everywhere he goes and it's not only a matter of media access here, it's a matter of national security. if something were to happen to the president-elect and in

donald trump's case there is still not a true and formal press pool set up, poppy and chris, and the transition press folks are saying they simply did not know he was going out to dinner and that's why they didn't notify press. >> this is an interesting question the press pool. do they always have to be with security? we'll take you through it. let's bring in jen jacobs, cnn political analyst and "new york times" political correspondent patrick healy and real clear politics national political reporter rebecca burgh. let's talk about the transition first and what our best sources say. patrick healy, what are you hearing that would give you a strong suggestion that what's going on inside this transition is materially different in a negative way from what we usually see. >> right. so, in 1992, you had hillary clinton playing a very, very strong role with bill clinton. she wanted to vet staff.

she wanted to look at possible appointees. in 2008, you had barack obama who did not make any major appointment announcements for about three weeks. he had his senate staff, jim nuseen a and people built in he didn't appoint until three weeks after election day. >> is this different? >> this is different in a sense that donald trump doesn't have a senate staff or people who have been in government to be a cabinet. jared kushner who is making his presence, his power felt, even more strongly than he did during the campaign. donald trump trusts ivanka trump and jared kushner more than anyone else in that circle. >> when he listened to them during the campaign, it worked. vp pick and mike pence --

>> pushing out paul manafort. >> now what's happening is that they are pushing out the christie sector. a long, complicated feud spat with chris christie because more as ten years ago he prosecuted jared kushner's dad for a number of things. for a two-year prison sentence. >> got him convicted. >> that is bad blood, to say the least. so, i wonder how much you think that is actually playing in or should we listen to elliot cohen, state department official under george w. bush. he tweeted this. this is from a conservative. after exchange with trump transition team, changed my recommendations. stay away, they're angry, arrogant, screaming you lost. will be ugly. i think we're on the verge of a crisis. >> he had a lot to say on twitter yesterday. so, i was told by my sources

that the friction between jared kushner and chris christie is very real. they are loyal to jared and they want to protect him. some reports that christie people have not gotten as much work done as donald trump wished. had not progressed and he's a results-based manager and he was going talet people go if they didn't produce the results he wanted. mike rogers was perceived as a chris christie guy. he was fired. he was called the day before yesterday and told, i'm sorry. and we do understand that he was one of the christie firings. there's definitely a purge going on. >> the question becomes why. the president-elect himself is tweeting to sort of assuage any fears about this. this is fine, it's going on, it's organized. it's fine. let's take a step back and see if we can thread through this different reporting and get a tapestry of truth out of it. what matters most in terms of politics in terms of having people around you? is it confidence?

no, it's loyalty. that's what you need to have. that's why christie was there in the first place. an early manifestation of it. but doesn't it stand to reason that if you have your son-in-law who you have known a long time, you love very much and you trust and you respect. ok okay, he's going to be the main guy because loyalty is the main priority. everything flows from that. kushner has to be given loyalty to reinforce his loyalty. he can't have the guy who put his daddy in jail right next to him. he swallowed it for a while but now asserting himself and letting himself show who he really is so donald trump doesn't have to make every hard decision. make sense? >> i was speaking with the former white house press secretary under bush and who also worked on his transition team and what should be the balance of outsiders versus loyal insiders in the trump transition team and in his administration moving forward. ari fleischer said the same thing you said, chris, which is that loyalty is paramount.

you need people who you can trust and people who support your ideas, support your priorities and that's exactly what we're seeing right now from trump's transition team. by the same token, why didn't they work these things out during the early stages of the transition? why was chris christie put in charge of this transition from the beginning if he didn't have that trust from kushner -- >> because of what we learned from the cnn book that's coming out. that scoop this week that chr christie, that donald trump said, i'm not going to make it past october and, christie, i'll get behind you. and christie was the first to get behind donald trump. to chris' point of loyalty. >> they are in territory they didn't expect to be in. they didn't expect they would need to go -- >> just one trump adviser said to me, remember the relationship to watch, the relationship that has always been there is the one between jared kushner and mike pence. jared kushner and ivanka trump wanted mike pence to be vice

president. they did not want newt gingrich or chris christie. you had to have mike pence running for vice president in september and october. he couldn't be plotting a transition. this is very much a kushner/pence relationship that you're seeing. >> you also have to remember that christie made a lot of sense, he's an executive, a governor. donald trump is suffering from noting having a built-in infrastructure around him. there is no big trump organization when you go there and he now has to do it on the fly. you have to look at the pink slips for what they are. donald trump didn't know, i am told, that they were having a lot of these insider types in the beginning. >> and lesley stahl asked the question. >> who are you calling alligators, cuomo? >> you a lobbyist? he was told, this is all we

have. kushner is the guy to do it. when you are in the position, you're going to get trash talked. just a matter of time. >> everyone stay with us. we'll take a quick break. democrats ramping up criticism. outgoing senator harry reid leading that charge. listen to what he said on the floor of the house, straight ahead. without a scratch.y maybe it was the day your baby came home. or maybe the day you realized your baby was not a baby anymore. every subaru is built to earn your trust. because we know what you're trusting us with. subaru. kelley blue book's most trusted brand. and best overall brand. love. it's what makes a subaru, a subaru. just checking my free credit score at credit karma. what the??? you're welcome. i just helped you dodge a bullet.

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>> trump is serious about seeking unity, the first thing you should do is rescind appointment steve bannon. as long as a racial division is a step away from the office. senator harry reid with a strong message to donald trump calling on the president-elect to push controversial breitbart editor steve bannon out of his administration. he joins dozens of democrats speaking out against the controversial appointment, not just democrats, but conservatives, too. let's bring back jennifer, rebecca and patrick. yes, democrats are in opposition to this and so are a number of conservatives. you heard it on this show and across the network. let's listen to glen beck with

anderson. >> and i want to quote, "bannon said that breitbart is a platform for the alt right. the alt right is real. it is truly terrifying, in my opinion. and this message about the alt right must be heard by the conservatives. they must take it seriously. separate and apart from any kind of politics. >> he says you have to take this seriously. america is not taking it seriously. that's his position on this. patrick healy, you know, there's no chance donald trump is going to get rid of bannon. >> no, bannon was not only as kellyanne conway said the general of their campaign, but donald trump is someone who likes to have people talk in a real world way. he doesn't want to be brought, you know, seven-point policy plans. he doesn't want to have sort of long, you know, seminars about how to, you know, get this trail

deal done or how should i talk to great britain. he wants to get that person just on the phone, on the fly, as we've been seeing this week. he likes what bannon brings. he feels like bannon is his sort of direct link to the base of the republican party, or at least the base of the trump part of the republican party. so, you know, democrats have been coming to him with a lot of fire and not something that dust up trump. i think what you're seeing -- >> make him dig his heels in. this is the guy and i'll show you why. >> what democrats are facing is that they're seeing president obama kind of keep the peace to some extent and kind of say the right things and be kind of a voice for moral authority, but you're getting people like tim kaine and harry reid who are really starting to say the words that the left really wants said. they want white supremacists and white nationalest anationalist language is just sort of

intensifying. >> you have to be careful you're not throwing ugly language around for political effect. jennifer, do you think the dynamic with bannon is the same one with kushner. if it works for trump and if somebody else can take the heat instead of trump, then it's a net positive. right, go after bannon and go after kushner, you're not going after me. >> bannon is going to be the behind the scenes guy and working with congress and going down, you know, to capitol hill and actually getting out there and talking to people. bannon is going to be, you know, i think lesser seen. he doesn't do interviews. he's not out there very much. but you know how trump talks about chemistry and he thinks he has a strong chemistry with bannon and they have a very strong trust and he likes bannon's ideas. >> that's the scary part. >> if you ask bannon's closest friends and allies and i came out and said, do you think he's a white nationalist.

>> why would his close friends and allies tell you he's a racist or white nationalist. >> he oversaw breitbart. we don't have to go through the headlines. the path was right through him. >> when you ask people, even friends, it's interesting to hear their responses. i mean, talking to one guy who has known steve bannon for a lot of years, you know, they'll start sort of trying to explain the difference between breitbart and bannon, for instance. how he doesn't write the headlines. you know, let him off the hook. >> he said in his words, this is a platform for the alt right. >> right. just saying that, you know, i think to some degree there is an effort to not answer the questions directly, you know, sometimes. >> the question becomes, rebecca berg, does that make it better or worse? if you are an authentic, whatever, that's one thing. if bannon's friends can say, he's not that bad a guy.

you allow yourself to motivate that type of negativity coming out of a place like breitbart. does it make it different in the final analysis? >> he will is a lot to prove in his new role in the white house and trump will have a lot to prove by extension that they're not trying to stir up these sentiments. it's hard because the crux of the trump message is a nationalist message. with that comes a lot of sort of this racist baggage and i don't know how they separate that moving forward. >> the question becomes, who else will he surround himself with. if you are who you are friends with and surround yourself with who you are friends with. who will make up your team? you have interesting reporting on ted cruz who was in manhattan, a few blocks from here. did go into trump tower yesterday. his team says, nope, nope, nope. this is just a normal meeting and doesn't want to be attorney general or supreme court justice and you say? >> they legitimately went thinking this was a talk about the senate and the conservative movement and it was an audition.

after he left, the inner circle was debating whether ted cruz would make a good attorney general. >> what are you hearing in terms of the plus minuses? >> i did not hear that part. they were discussing it and other people who have their eye on it. my understanding is that jeff sessions would like it and sessions is gold within the trump camp and also another loyalist. it is my understanding that trump would pretty much give him any position he wants. >> first sitting senator to come out, giuliani. lots of baggage. pay for play, look at this, she's crooked because of this. he's got a lot of business ties to the middle east, the work that his former law firm did with citgo a u.s.-based subsidiary of the conglomerate. how could he shake that? >> not just the public perception but senator confirmation and senator rand paul came out and said he would not feel comfortable with

giuliani or john bolton, who is also in the mix for secretary of state. so, one problem with the way this transition process is moving forward is that trump's team doesn't really have a handle, doesn't really have control of the message right now. isn't presenting these potential nominees in any sort of deliberate way. so they're just kind of dangling them out there for us to vet in the public sphere before they know what their message is and know what their push is going to be for any of these potential nominees. if rudy giuliani is going to be their pick, they should have come out and been proactive about this and made the sale to republicans so republicans were out talking about all the great qualities that rudy giuliani has to offer. we're moving in reverse order. >> in 2008. you know, the economy was melting down. and obama went to tim geitner and larry summers who were seen as the architects and he was able to get them through. the republicans have that

majority. i think rudy giuliani and donald trump will get what they want. i will just say really quickly, it's just so striking how many white men we're talking about. who is the first woman appointee going to be? >> when he announced his economic team it was on my show, saying 13 white men here and then they came out with some women. >> but that is part of what this election is about. women support a him who say wanting to see women faces and we just care about ideas of people. so, thank you very much to all of you. there are new intelligence reports to tell you about that suggest the leader of isis may be hiding in northern iraq. abu al bagdadi. is that worth the distraction from freeing that city? reports from the front lines next. healthy, free, the world before me, the long brown path before me leading wherever i choose.

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let's bring in jeffy toobin. here is the basic proposition you need to explain to us which is the president trump will want to delay any lawsuits. but there is a precedent that applies to the president when it comes to these things and we learned it during clinton. what is it? >> in 1997 the supreme court decided almost this identical case.

bill clinton was sued by paula jones for sexual harassment and his lawyers went to court and said, look, the presidency is too important to be distracted by something like this. i have the right to put off my deposition to put off my involvement with the case until i'm out of office. bill clinton lost. and the supreme court said very clearly, no person is above the law. so, a district judge can offer accommodations and let you testify by video, but you cannot push it off until the end. so, he is going to have to deal with this at one point during the next four or eight years. >> the question becomes this trump university, the main trump university case is set to go to trial in a few weeks and trump's team is saying, let's just wait until after inauguration. >> right. >> i won't be very busy then. >> i won't be busy as president. but do you think they'll get the delay at least? >> yes. they will get at least one delay and probably several delays.

notwithstanding donald trump's criticism of his has been acc accommodatin accommodating. has expressed his understanding that he has very unusual obligations as president. but he can't put it off forever. >> people will say, so what. it's a civil suit over fraud and wind up being about money and what else did we learn about president clinton? you get deposed and what happens with what someone can do with a deposition? >> bill clinton lied in his deposition and he was impeached because of the deposition in the civil suit that was filed while he was president. >> so, granted, at least for now he's got a republican congress on his side, which would make impeachment less likely. however, why wouldn't he just settle? the judge is urging him to settle. >> now we're dealing with donald trump who is very proud. he says he never settles lawsuits. he does, in fact, we know that. but, you know, the plaintiffs' lawyers kind of have him over a barrel here.

they would love, they would love to examine the president of the united states under oath. they feel like they have had leverage here. they are apparently making high settlement demands and trump is saying to his lawyers, don't settle. obviously, the rational choice would be to settle the case. i think most people would understand it's not an admission of guilt, it's just a desire to move on. but i think he also recognizes, donald trump does, that he's got all these other lawsuits lined up behind it. if he settles this one for a lot of money, everyone else is going to realize that the cash register is open and they'll deal for settlement. >> you were saying how strong a case the attorney general thinks he has. >> you have reported on the same situation. yes, schneiderman is a political official and a democrat and trump has used that very heavily, but, schneiderman doesn't want to lose and the word out of his office when he's been public, they've never felt more confident about a case before than they do with this

one. >> trump university really a big problem for donald trump. when you look at what a really fly by night operation this was and when you look at the representations that were made to students and the education that was really provided, it does seem like a fraud case really -- >> they weren't allowed to call them selves a school. they had to stop doing that. >> there are certain rules that whether you can really be a university and they were not a university by any stretch of the imagination. so, you know, you can see why schneiderman and others are moving forward on the trump university case have a lot of confidence. but, you know, obviously, any sort of sane observer from the outside would say, settle this case. look at the peril that the testimony, the time. but he hasn't settled it so far. >> his line has always been and it has gotten him to the presidency. i'm a winner, i'm a winner, i don't settle.

now does he want to do it in the public eye? >> the number one request that clients have of their lawyers is to make it go away. and that's what will probably wind up happening. jeffrey, thank you so much for making it clear, as always. what do you think about this? tweet us at "new day." post your comment on facebook.com/newday. a lot of news and reporting of the transition in the presidency. let's get to it. >> i'm not worried about -- i'm not looking back. >> the transition team already facing signs of disarray. >> the people who have been asked to move on have some relationship with chris christie. >> he's going to put together an extraordinary administration. >> it is worrisome. trump should pick a secretary of state that agrees with his foreign policy. >> it's nice to have your name thrown in the ring. >> this is a guy that came from zero to win the presidency. he knows how to put teams together. >> the alt right is all wrong for america. >> show america that racism,

bullying have no place in the white house or in america. >> announcer: this is "new day" with chris cuomo and alisyn camerota. >> alisyn is off, my good friend poppy harlow. trump's cabinet, we have been hearing about people getting dismissed from the transition team and now sources are talking about trump's son-in-law jared kushner. he has a big role in the transition. negativity coming out about him. is it accurate? trump is denying that there is any turmoil even though four members of the team have been fired. meanwhile, the president-elect went to dinner and failed to let us, the press, know. why does it matter? we'll dig into that. this is the second time since winning the election that he has breached that long-standing protocol. we have every angle covered starting this morning with

sunlen serfaty. >> it continues to be a turbulent transition for president-elect donald trump. among those on his team that are now out former congressman and cnn contributor mike rogers who had been a leading voice for months, a national security voice for months on his transition team, but who was closely aligned with former transition head chris christie. but amid all of this, top transition officials are continuing to push back, insisting that they're not in disarray. president-elect donald trump's transition team continues to turn over. now purging key members of their staff. >> sometimes in politics, there are people who are in and people who are out. >> reporter: multiple sources saying trump's son-in-law and close adviser jared kushner is at the center of the infighting and trying to oust all chris christie associates from the team. >> the peep whople who have bee asked to move on have some relationship with