russia and warned him to watch his tongue. mr. trump is suggesting that brennan may be behind the leak of that unsubs shated dossier. >> this is the as the backlash intensifies in the feud between the president elect and congressman john lewis. a growing list of democratic lawmakers say they are not going, they are boycotting trump's swearing in. the president elect is also this morning vowing insurance for everybody in a new interview. that's his plan to replace obamacare. how will he do it? we are four days away from inauguration day. we have it all covered. let's begin this morning. >> good morning. donald trump has of course had a fraught relationship with the intelligence community so far but he's kicking it up a notch on twitter going after outgoing cia director john brennan saying was this the leaker of fake news? >> donald trump taking to twitter to suggest that outgoing cia director john brennan leaked unsubstantiated personal and

financial information that could be damaging to trump. >> there is no basis for mr. trump to point fingers at the intelligence community for leaking information that was already available publicly. >> trump's charge coming hours after brennan appeared on national television. arguing the president elect doesn't understand the critical threat russia poses. >> i think he has to recognize that his words do have impact and they can have very positive impact or they can be undercutting of our national security. >> trump has spent months doubting u.s. ins gent findings that russia was behind the election cyber attacks. in a new interview the president elect suggesting the u.s. could ease tensions with russia. trump telling the times of london and german newspaper build, let's see if we can make some good deals. this as china blasts trump's comments over the weekend that the one china policy which maintains tie wans as part of china is under negotiation. china's state run tabloid slamming trump in an editorial,

quote, we were simply angry initially but now we can't help but laugh. >> there are no plans to change the one china policy, but certainly that policy is on the table if china doesn't also come to the table and work with us on trade, work with us on the south china sea and what's happening there. >> meanwhile at home trump promising we're going to have insurance for everybody. in a new interview with the "washington post." the president elect not revealing specifics but says he's close to finishing his plan to replace the affordable care act. and part of that plan will be to specifically target the pharmaceutical industry. over the weekend thousands joining rallies across the country led by democrats to protest repeal of the law. while trump's feud with civil rights icon congressman john lewis intensifies. >> i don't see this president elect as a legitimate president.

>> the controversial comment of course prove vehicling trump to tweet. not to mention crime infested. rather than falsely complaining about the election results. all talks, talk, talk, no action or results. sad. but trump's assertion is wrong. lewis represents an economically diverse area of atlanta, thriving and wealthy in some areas with poverty in others. now dozens of democrats say they'll boycott trump's inauguration. >> and it's of course going to be a very busy week for donald trump as well as his inner circle. there is a full battery of confirmation hearings scheduled this week on capitol hill beginning on tuesday with ryan zinke as well as betsy devos. we expected donald trump to get a jump start on the week in washington and actually spend today there before he is officially inaugurated on friday. that is no longer the case he is

going to be sticking around new york city for the day. >> thanks so much. a lot to discuss this morning. let's bring in politics editor of the root.com and professor of political science at morgan state university jason johnson, david drucker and cnn political analyst david gregory. gentlemen, let me read you what donald trump wrote about the outgoing cia chief john brennan. he wrote a tweet, outgoing cia chief john brennan blasts president-elect trump on russia. look at the build up of russian nukes, not good. was this the leaker of fake news. so, guys, i think for the last two years we've been asking this question, it was the campaign we would ask what's good for trump or how does this help or hurt donald trump. we're five days from the inauguration now and i think the question needs to be how does this help or hurt america.

david drucker, when you have the president elect saying this about the outgoing cia chief how does that help or hurt america? >> i think donald trump will be responsible for national security in a few days and he will need the intelligence services on his side and they will need to work together. if they are at odds -- look, it's one thing if the intelligence agencies are lacking effectiveness, it's donald trump's job as the president of the united states to do something about that, but to feud over things like this is not helpful because his administration which is going to include the intelligence agencies needs to be on the same page. and i think that it's -- look, it's one thing for the outgoing cia director who was appointed by president obama to be critical of trump and that might be expected but the things that brennan said about trump vis-a-vis russia and vladimir putin are things that republicans on capitol hill have been telling me for months frankly. i spoke in the past couple weeks to house intelligence chairman devin nunez, tom cotton, they're both concerned that president

trump will make the same mistake that president obama made which is to try to reset of relations with vladimir putin and doesn't fully understand that putin is an adversary and as cotton told me is not our friend. i think that it would serve trump better if instead of asking why we can't get along with russia he would ask why can't russia get along with us. getting along isn't the issue. getting along on our terms that serves the u.s. agenda around the world rather than moscow's should be the president elect's goal and i think that if he doesn't fully understand that going forward he will end up in the same position president obama did, which is he tried to make nice, it didn't work and moscow has been going around the world undercutting our national security and our influence. >> david gregory, not only not helpful to the american public, but also the question of harm and what harm can be done if president trump has to make the case to the american people, for example, that the united states needs to go to war and here is

the intelligence that it's based on, the american people need to know that these two entities are completely on the same page and in lockstep and, you know, republicans want -- one on my show last night said it's going to be different then pompeo will be leading the cia. >> the important point is that you have a lot of career professionals in our intelligence community who are tracking this, who are offended by it and who may have opinions on all sides of this, but, look, director brennan is someone who has worked in a bipartisan way over the years, has been at the cia a long time. some of his views are reflecting those career professionals who have been offended by donald trump. i do think it's worth pointing out, however, that trump in my view has a legitimate complaint against the intelligence community. why they would include this dossier in a written briefing,

why they had to write it down. why couldn't it have been part of a verbal briefing to say we are aware of this, this is in the public domain and you should know about this and think about how you want to deal with it. why make it part of the appendix when it could be leaked i think is something that makes him angry and i think that's legitimate. i think when he has his own people in there he will have a different tune but it's not going to change this dynamic of people being offended within the community and secondly he's still going to have real tension with congressional republicans who agree with the intelligence community about the nature of the thereat from russia and the fact that trump isn't taking it seriously enough. he wants to come in and try to reset this. it could be a month, two months and interest could be a very different tune from trump about russia but his snap judgments in all of these cases i think should also be worrisome in terms of what he puts in the public domain about putin and how they may get angry with one

another and how that affects relations. >> the 35-page memo that we did not report on by the way that was out there. that was out there already whether or not the intelligence community included a summary of it or explained it -- >> but nobody had done anything with it. the intelligence community they elevated to a point where you put this information in written form and present it. >> they summarized it in two pages. but i just wanted to make clear it's not that they put the full 35 pages. >> that's right. >> let me talk about another country. china. the china global times which is like many press organizations in china something of a mouthpiece for the government albeit a bit of a more sensational one took a swipe at the president elect overnight and they said trump is thinking about china it becoming increase lengthily clear they want it to make huge huge concessions to achieve that.

we're simply angry initially but now we can't help but laugh at this u.s. leader in waiting. maybe american voters promoted him too quickly. his amateur remarks and overconfident manner are equally shocking. jason, his amateur remarks equally shocking. when i read that about china i was like they can't say that about our pledges, only we can say that about our pledges. does this say donald trump is getting under their skin. >> this says they're waiting to test them. the first 100 face with george bush where we had a spy plane go down, these countries line up to see how tough they're going to be. when you have a president who is already at odds with the intelligence agencies how tough can he be? how aggressive can he be? how strong can he be in any kind of negotiations he wants to make? china will always say abrasive things but this is a test of how much restraint and discipline can trump show in the face of these insults. >> he actually has a lot of

power to slap huge tariffs by himself on goods from these countries. >> right. >> this is a huge trading partner for us. >> and they can do the same thing to us. our debt ratio with china makes it dangerous to go to trade war with them right now especially from a president who says i'm about to bring jobs back. >> they can hurt our farmers. china has got some responses. look, to jason's point, this is a testing and it's a testing of both sides. i think the number one proposition of the trump foreign policy that's emerging is he wants to try to take countries on in a completely unorthodox different way to force a better deal. we don't know what that's going to look like. >> we certainly don't but we will know in four days and counting. guys, thank you very much. we have a lot of news to get to. at least 37 people were killed after this turkish airlines cargo plane missed the runway crashing into a village. at least eight people including children hospitalized with burns and other injuries.

investigators are searching the wreck annual in the snow right now, an emergency official says poor visibility may be a factor. at least five people were killed in a i think maar winter storm that was crippling the u.s. midwest, freezing rain hitting oklahoma, kansas, missouri causing icy roads and knocking out power to millions of people. the storm heading to big cities including chicago, detroit, rochester and new york city. a young woman kidnapped as a newborn reu nagt with her biological parents. the woman posing as a nurse took kamiyah mobley from a florida hospital 18 years ago. when authorities figured figured it out they immediate ri put kamiyah in contact with her birth parents. the three united for the first time over the weekend. as for gloria williams the woman accused of kidnapping kamiyah she is being held without bail. we will speak with the sheriff who played a pivotal role in solving this cold case. the president elect talking -- taking on a civil

rights icon over martin luther king jr. this weekend. why his feud could keep dozens of democratic lawmakers away from the inauguration. the battle over the legitimacy of the trump presidency. that's next. america's beverage companies have come together to bring you more ways to help reduce calories from sugar. with more great tasting beverages with less sugar or no sugar at all, smaller portion sizes, clear calorie labels, and signs reminding everyone to think balance before choosing their beverages. we know you care about reducing the sugar in your family's diet, and we're working to support your efforts. more beverage choices. smaller portions. less sugar. balanceus.org. a lot of the things that we have in our diet today can actually enamel is the outer surface of the teeth that's white. start to threaten the enamel and start to cause what we call acid erosion. if there's a thinning of the enamel, the teeth actually start to appear more yellow. with pronamel, it is making your teeth harder and stronger

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abdominayou may have ibs. ask your doctor if non-prescription ibgard is right for you. ibgard calms the angry gut. available at cvs, walgreens and riteaid. welcome back to "new day." a growing number of democrats say they will not attend the inauguration of president-elect donald trump on friday. they are outraged over the

president elect's tweets slamming civil rights icon congressman john lewis as all talk no action. those comments following the congressman saying that trump is not a legitimate president. let's debate it with our panel. back with our jason johnson, david drucker, david gregory. congressman lewis said he doesn't feel the trump presidency is legitimate. the way trump responded all talk no action. those who defended him say he was referring to now in his district he was not referring to 1965 in selma when the congressman was nearly beaten to death standing up for all of our rights, civil rights, voting rights. should the president elect have taken the high road? >> i think it was grossly unprofessional on the part of the president elect. number one, people are going to insult you, you are the president, it's going to happen. you need to show some restraint and discipline.

>> this is a little more than an insult, though. >> for someone to question your legitimacy, the same thing happened to obama, the same thing happened to george bush. you stand above you and you say, look, come work with me and i am above this criticism. the second issue is this, for him to attract the district -- the fifth district includes the cnn headquarters in atlanta. >> and coca-cola. >> for him to attract an entire district of the united states and say it's crime ridden and crumbling apart especially as that can be perceived as a racial liesed insult as a black district. >> did you read it that way? >> not only did i read it that way, local democrats read it that way, the vice president at the national civil rights museum read it that way. it's insulting, unnecessary. the president needs to be above this kind of criticism because this isn't the first or last person that is going to insult him while he is in office. >> questioning the legitimacy of the president that can go beyond criticism in some cases if you ask the question i was asking before how does this help

america, i'm not sure that it does. on the other hand, david, donald trump is coming into office, let's look at his gallup approval rating numbers, 51% disapproval rating. look how much worse he is doing than the last three presidents right there. has he shown anything, david drucker, or what has he shown in terms of outreach during this transition period that's almost over? >> not any. i think donald trump has made the calculation he's going to let his political tenure ride on his ability to get things done and create jobs and do the things that the american people want him to do. look, i think jason is right in that i think it's important for presidents to take blows and not always respond in kind and that's just something that is not in donald trump's makeup and i think that it's not good for the country and it's not good for the presidency when you don't have the ability to do that and understand that you're going to be a punching bag and that's just part of the job. on the other hand i do think members of congress even civil

rights icons like congressman lewis, people who have made the country more free through their blood and sweat and deserve an enormous debt of gratitude from us, if they are elected members of congress i think they have a responsibility to uphold and sort of acknowledge the legitimacy of the presidential election because it's not good for our democracy when either people like donald trump try to undermine the legitimacy of president obama but specifically when you are an elected official in washington that can lead to a grain of our government and democratic bonds that can be hard to repair. if you are an elected official in d.c. you have to lump it. if you are not an elected official you have every right to ignore the inauguration, not show up, leave town. it's not the same when you are a member of congress. >> i just want to add we have two things going on here, we have a president as jason said who is so thin skinned to a

point that his response to this lacked any measure of grace, that he would attack a legend in john lewis and have racially charged critiques of his district and all the rest just shows the temperament of our incoming president. when he is attacked personally and when his legitimacy is attacked. and i think that's got to be something that gives americans real pause. at the same time we can also be critical. i think it was totally inappropriate for congressman lewis to question the legitimacy of the president. our current president has not done so. if you believe in democracy this was viewed as a fair election. there are certainly criticism of the fbi, criticism of russia. nobody has suggested those things were determinative and i don't know why a lot of liberals want to perpetuate what they found so outrageous in the conduct of those who sought to dee legitimize president obama over whether he was born in this country or whether he was a legitimate president. this kind of thing has got to

stop and on a more practical level if liberals want to get back in charge i don't see how this helps but do anything but fortify the support for trump and the opposition against democrats at this point. >> jason, you're shaking your head. it does to david gregory's poind confound a lot of people that donald trump could be up in arms over the fact -- something that one could equate to what he did -- >> exactly. >> not just once or twice about president obama but over years and fanned the flames of it and used to his advantage in this political race and in this election. however, john lewis and the democrats were up in arms with him about just that and then john lewis says he's not legitimate. >> to me honestly i always put these things in context. there's two issues here, one, there are people who skip the inauguration all the time. romney didn't go to obama's inauguration. the issue is are you going to get down to the work of being in congress once donald trump is

there. as long as that happens i don't really think it's much of an issue. the second thing is this, if you want to question the legitimacy of the president it's completely different than what happened with birtherism because that was questioning obama's legitimacy for who he was, not what he stands for or how he came into office. john lewis may not be correct as far as the cia is concerned but it doesn't mean that his complaint is at the same level as birtherism. >> let's talk policy because president-elect trump has done a number of interviews where he has talked about obamacare and just to paraphrase some of the things he has been saying in interviews, he's saying he wants to provide insurance. >> for all. >> for everybody, insurance for all. another thing is he's suggesting that the u.s. government negotiate over drug prices via medicare with the drug companies. both of those things are things that republicans have been against in the past and would be major, major changes. >> it's in line with what he said in that 60 minutes interview, republicans aren't going to like this but the

government has to have a hand in paying for it. >> david trucker. >> president-elect trump sounds a lot like president obama and the democrats. they want to get rid of the affordable care act, obamacare and we understand why from a republican perspective but what trump is offering is more of the same at least from a messaging standpoint and a general architecture. most republicans you talk to will focus on trying to provide the most access at the lowest possible cost and then it's up to people to decide whether or not they want to cover themselves and what president-elect trump is talking about is a plan that covers everybody which sounds a lot like obama and the democrats as they were putting together the affordable care act, it's very curious. >> universal healthcare. >> it pits him against tom price his pick for hhs his tom price's plan does not include -- a cornerstone of it is not universal care. >> the government negotiating drug prices putting the government in healthcare not taking them out of healthcare. fascinating to watch going forward. >> thank you very much. the current president,

barack obama, has some advice for donald trump. he also has a warning for anyone who underestimates the president elect. we will get the outgoing president's thoughts in his final days in office next. little dakota's nose was quivering in fear. because it knew an ordinary tissue was near. the fiery tissue left her nose sore and red. so dad slayed the problem with puffs plus lotion, instead. puffs have pillowy softness for dakota's tender nose. with lotion to comfort and soothe when she blows.

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not to underestimate the president elect. cnn's athena jones live at the white house with more. >> reporter: the president's long good-byes coming to an end in just a few more days. he spent the last several weeks making a series of last minute policy moves and last week here at the white house in a surprise ceremony he awarded the vice president the medal of freedom with distinction. he's also been giving a series of exit interviews highlighting his record, everything from passing the now endangered affordable care act to killing osama bin laden, and last night on "60 minutes" he talked about an area of remaining concern when it comes to foreign policy, specifically u.s. dealings with russia in the wake of findings by the intelligence community that they tried to meddle in the presidential campaign. take a listen to what he had to say. >> i have been concerned about the degree to which in some circles you've seen people suggest that vladimir putin has

more credibility than the u.s. government. i think it's a measure of how the partisan divide has gotten so severe that people forget we are on the same team. >> reporter: on the same team. as you mentioned, john, he also told people not to take -- not to underestimate the incoming president who ran an unconventional campaign and unconventional transition but clearly was successful. the president will hold his last press conference here on wednesday, that's also the day that cnn airs its special on the last days of the obama white house and then on friday the president and first lady will greet the trumps here in the morning before preparing to hand over the keys, so to speak. poppy. >> thank you very much. coming up for us here a black doctoral student pulled over, tackled and beaten by police suspected of being a car thief, but the car was his car. details straight ahead. i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine.

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illinois, have released pretty disturbing dash cam video showing the moment of that black doctoral student was tackled to the ground. police say they thought he had stolen the car he was driving but that cars him. police released 40 minutes of video and audio related to the arrest. notice just a small clip. >> on the ground. on the ground. >> get on the ground. >> get on the ground. >> turn around. turn around. turn around. >> stop resisting. stop resisting. >> sir, you are on video. fyi. >> this is my vehicle, sir. i have evidence. >> when we tell you to get down

you have to get down. >> yes, sir. i understand. >> okay. >> why am i being put in handcuffs. >> we have to verify the car is not stolen. >> lawrence crosby the civil engineering student seen in that encounter is suing the city and four police officers for excessive use of force and false arrest. he is seeking damages in excess of $50,000. police are not commenting on the case bout lawsuit. i went to discuss this with mark lamont hill and cnn law enforcement analyst and retired nypd detective harry hawk. mark, let me start with you, first of all, that video i saw, i said 40 minutes that was presented by the police force, it was an edited video they put out there. >> happy martin luther king day, by the way. i was not surprised. it has happened to me before, i've been stopped for stealing my own car multiple times, it actually happened to me a month ago. >> really? >> absolutely. it's a longer story than i can get to now but it happens. it didn't end like that, i

didn't get tackled or anything like that. my point is that this is a common story that happens with black people. the fact he was a doctoral student, i hate we have to add that to the conversation, even if he was a garbage man that still shouldn't happen. it's not unreasonable for police to stop but once he is on the ground and they are hitting him saying stop resisting. they say that even if they are not resisting. i don't know if it was a false arrest but it seemed like excessive force. >> harry, i saw him with his arms up outside his car, how is that resisting arrest? >> that's not resisting arrest. let's go back here. they get a 911 call that there's a possible stolen car. >> and they saw this man -- i guess with a crowbar or piece of metal trying to fix his roof at night. anyone with a crowbar on the roof of his car at night -- >> it definitely looks kind of bad. they pull the guy over. the first mistake he made was getting out of his car, the minute someone gets out of his

car the police officers are thinking what's this guy up to. he had keys in his left hand, another bad move. all right. he was then told to get on the ground he did not get on the ground, police officers went and put him down on the ground. >> put him down. they tackled him. >> right. >> at least four guys tackled him. >> he was told to go down on the ground he did not go on the ground, maybe he didn't go down on the ground fast enough. >> says who? >> listen, it's the police officers lives that are in danger here. >> how are they in dang. >> reporter: >> do you know how many police officers have been killed in the line of duty in a car stop? hundreds, maybe each thousands. it's a very dangerous situation, he had something in his hands. now, when they went and they tackled him and brought him down he resisted arrest, now, that "washington post" article that i read regarding this says that the officers beat him. there is no signs of a beating here. that is a take down. that department has a rule that whenever you make a stop and you have a potential criminal he is to go down on the ground. >> what was threatening about

the way he looked outside the car with his hands in the air, harry? >> what was threatening? >> what was threatening? he's getting out of the car right now. >> right. >> his arms are up. >> what's in his will nd? >> does it look threatening? >> yes, this is threatening. you are not supposed to have anything in your hand. did you ever see the key that opens up to a knife? i've seen t police officers have been injured because of that. you don't get -- you don't get out of a car. i mean, i know we are all sitting here so concerned about this man -- >> that officer in the red vest is the one who is beating him, the one beating him. >> he is not beating him, he is punching him to make him submit. >> i'm not an insider. i'm going. what's the difference? >> what are his injuries? >> i'm asking. >> what are his injuries? >> i don't know. he has no injuries. he has no injuries. the man was not beat. something like this to try to get you to submit to put your hands behind your back is fine but that is not a beating. >> may i respond to some of the points? may i respond to some of the

points. >> let mark talk. >> okay. >> a few things. one, he wasn't instructed to stay in the car, right, so it's not that uncommon for someone who isn't familiar with getting arrested to jump out of a car. also having the keys in your left hand i don't know if you meant versus your right hand, i'm not sure whether a person knows what hand to have their keys n i'm left-handed it's likely i would have my keys in my left hand. >> that's got nothing to do with it. >> part of it is people not being familiar with it, but his hands were clearly up and there was nothing aggressive about his move. i agree police have to make decisions in a split second about whether people are being dangerous but i don't think a reasonable cop would have looked at that video and said that this man is threatening us. finally when you see that guy doing this, if we make a distinction between beating and punching he was being punched repeatedly which is different than saying all we did was take him down. >> let's listen to the 911 call. it's interesting to know what was in the minds of the officers when they went to stop this guy, harry. >> remember, john, they don't

hear the 911 call, all they're hearing is what dispatch gives them. >> and dispatch told them there was information about a stolen call. this is what the 911 call was. >> what did the guy look like? >> he was african-american with a black hood. i don't want to be racial profiling. i feel bad. >> did you see him jimmy the door open? >> he is a bar in his hand and he was like -- it look like he was jimmying the door open. >> you can be white, you can be black, you can be any race if you're jimmying a car door open at night that looks odd. it was interesting to me that the caller was very aware, though, of what she was saying. she didn't want anyone to think she was calling just because the man was black. >> yeah, but, i mean, you have to question the caller here. the fact is the police officers knew nothing about that phone call except the fact that they got a call that somebody tried to break into a car and probably stole a car. that's what they were going on. they don't get a chance to hear that 911 call until after if

they get the investigation. there's nothing here indicating that there's anything racial about this at all. these were police officers who were trying to protect themselves, all right, following their procedures and their department procedures. >> but i think they changed their procedures now. >> they changed it. they don't have to go down on the ground anymore, but those officers followed their procedure. >> i think that becomes the critical issue, i don't disagree with you, i don't think the officers said, hey, let's go tackle a black guy or falsely arrest a black guy, however, when you see a black guy going into his car people do a double take, studies show this if you believe in science. police officers often are more aggressive with black suspects than white suspects. again, i don't think the cops had a racist intent. >> i don't agree with that at all. >> you don't have to believe in that. >> i don't think scientific studies show that, it's not actually true. >> there is a study out of stanford that looks at black males versus their white

counterparts and shows cops read black people as older than their white counterparts and more guilty. >> did he take a poll? >> no, he did a scientific randomized study. >> he thinks this. >> he did a randomized study. >> you can't just think this. because -- >> are you hearing what i'm saying? >> i understand. >> no you don't. you think he took a poll then you don't understand. he is it a study of actual police officers, real people with real science and real studies. >> i don't buy it. >> you don't buy science. >> i don't buy that. >> why. >> >> because i have experience out on the street. how much time has that guy been out on the street? >> he is hired by police forces in cleveland, san francisco and l.a. >> that does not mean anything. >> to follow police on the street and watch their arrests and stops. >> that does not mean anything. >> you just said he had no time on the street. >> i've got 40 hours a week for 25 years. i'm sorry. >> of your own experience. >> mine and the experience of

others. >> all right, guys. >> anecdotes are better than data, i agree. >> i will say this, i will say this, this case does raise questions, this he did change the procedures as you said, harry, going forward and it is more of a discussion. >> this has been awesome. >> all right, guys, thanks so much. >> that's exactly why we're having this debate. up next we will switch gears, we have bleacher report, two teams a step closer to the super bowl, they can thank their kickers for that. the clutch kick that have the packers and steelers moving on. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... which adds fuel to my bottom line. what's in your wallet?

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this is about football so

berman should be telling this story. no touchdown, no problem for the pittsburgh steelers as they advance to the afc championship game but a late penalty call has one chief player upset. coy wire has more on this morning's bleacher report. >> good morning. steelers kicker chris boswell set an nfl post season record with six field goals in in game. what an ending. chiefs need to go for two from the 2 to tie it and they get it. alex smith to demetrius harris but a holding penalty on eric fisher trying to block james harrison they have to go for it again, they move the ball back ten yards, this time from the 12 yard line the attempt is no good, incomplete. after the game travis kelsey said that he felt the official should have never made that penalty call on his teammate saying he should have never be able to work at foot locker.

cowboys kicker ties the fame at 31. they left 35 seconds on the clock for aaron rodgers and the packers. this is a third and 20. aaron rodgers on the run, a flick of the wrist, look at this, jared cook with the incredible catch to put the packers with a 51-yard attempt for mason crosby and he nails t he sends the back to the nfc championship game. packers are red hot, they have won eight straight and only four teams remain, the packers will head to atlanta to take on the falcons in the nfc championship game and the steelers will go to box row row to take on the patriots where they are 16-3 at home in playoff names. >> pittsburgh will need to store a touchdown to win that game. dozens of democratic lawmakers vowing to boycott the inauguration after donald trump's feud with a civil rights icon. will there be more members to

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welcome back to your "new day." more than two dozen democratic congressmen and women are boycotting donald trump's inauguration. the protest the -- they're protesting many of them the president elect's feud with civil rights leader congressman john lewis. others say it's because of his conflicts of interest and history of inflammatory

comments. how many more will join democratic congressman nadler is with us. thank you for being here. >> pleasure. >> will you be to the inauguration on friday? >> i will not go to the inauguration on friday. i cannot go because of the president elect's inflammatory comments, his racist campaign, his conflicts of interest, refusal to disclose his taxes and the last straw was his personal attacks on an icon of the civil rights movement, someone who suffered beatings and almost gave his life for this country john lewis. >> those attacks came after john lewis said he does not believe the president is a legitimate president, something that many people, republicans and democrats including john lewis, were up in arms over when the president elect did that to president obama. >> well, that's right. they're entitled to be upset at what john lewis says if they want to be, they are entitled to agree with him as i do and the president elect is entitled to respond. >> you agree with john houston what point?

>> that the president elect although legally elect sd not legitimate for all the reasons i said. >> why do you not believe that the president elect is not a legitimate president because as you know the intelligence community has not said that the russian hacking in any way swayed the election. >> they've said that they wouldn't look at that question. that that's beyond their purview. >> they actually said -- and they said that the intent of the russian government which hacked was to favor donald trump but they have not said that he won because of that. >> that's right. and they also said that it is not in her purview to look at the question of whether he won because of that. john berman asked an important question at the beginning of this show that is what does this do to benefit america? donald trump by hillary clinton and the sitting president barack obama has been called legitimate, they will both be there on friday. what does it do for the american people for members of congress including yourself to say he is not mejt mat?

what do american people at home do with that? >> all they can do is bear it in mind and see if they agree with it or not. i didn't say he was not legal, he was legally elected but the russian weighing innen to the election, the russian attempt to hack the election and frankly the fbi's weighing in on the election i think makes his election illegitimate but he is the president and he will be legal? in 2009 when mitch mcconnell said we are going to make barack obama a one-term president, that's going to be our goal, that was very detrimental the fact that the two sides couldn't get along for the past eight years. now are you saying that you and other democrats will not work with this president? >> no, i'm not saying that at all. we will work with him when he agree with him, we will oppose him when he don't agree with him. >> what do you agree with him? >> we will see what he proposes. >> is there anything that you agree with him. >> if he has a good infrastructure program i agree with him on that. >> let's talk about your

conversation with fbi director james comey. contentious, probably an understatement to the friday meeting which i know was classified so there's some things you can't say, but what can you tell us? because we do know that you confronted him. >> well, i can say that i asked him the question that i've asked him publicly. let me just say i regard what he did not only in sending those letters in october as way beyond the pail but back in july and that's when i said he should have been fired in july for characterizing what she did. he said her concedingly conduct he said was legal was wrong because and as the head policeman in the country he has no business giving his opinion of her or anybody's legal conduct. >> you want him to say whether or not the bureau is doing an investigation over whether there was contact between the trump campaign and russia. >> that's right. >> did you ask him that?

>> i've asked him that on a number of occasions and he refuses to answer that and appointed out that that refusal to answer that is inconsistent with his commenting on the ongoing investigation of hillary clinton back in the summer. >> let's hear what he said in september. >> our standard is we do not confirm or deny the existence of investigations there's an exception for that when there is a need for the public to be reassured when it's apparent given our activities, public activities, that the investigation is ongoing but our overwhelming rule is we do not comment except in certain exceptional circumstances. >> your argument is this is an exceptional circumstance. >> my argument is this is an exceptional circumstance. i want to make one thing clear, i said he should have been fired last summer and he should have been. at this point he shouldn't be fired because if he were fired now and president trump got to be able to appoint a replacement

it would be seen as a way to quash any investigation. >> i appreciate you joining us. final thoughts on your message to the american people because i think if we hear more and more democrats saying that donald trump is not legitimate what's that going to mean for the american public? >> it means that we're simply observing what his conduct is showing every day and that there's two major questions about the legitimacy but not the legality of the election. no one is questioning he is the president, the election was legal -- >> isn't that semantics? >> no, i don't think it's semantics at all. i don't think it's semantics at all. we're not questioning the legali legality, we are not saying he is not the president or can act as president. we are saying that the election had real problems brought on by the russians and brought on by the fbi. >> congressman, i appreciate you being here. thank you. >> thank you. we have a lot of news to get to. thank you to our international viewers for watching. "cnn newsroom" fins for you in

just a moment. to our viewers in the united states "new day" continues right now. donald trump has every right to defend himself. >> i don't think he has a full and appreciation of russian capabilities. >> it's a disgrace. that information that was false and fake got released to the public. >> this is more than being about him. it's about the united states and our national security. >> i think there was a conspiracy on the part of the russians that helped him get elected. >> if you're responsible to question the legitimacy of the next united states president. >> house democrats announced they are not going to be attending the inauguration. >> you just cannot throw 20 million people off of health insurance. >> donald trump says his obamacare replacement plan is nearly complete. >> we want to advance repealing this law with its replacement at the same time. >> this is "new day" with chris cuomo and alisyn camerota. good morning, everyone, welcome to your new day. it says i'm john berman but i'm poppy harlow and this is john berman.

>> that's a good catch there. that would have been embarrassing. >> good morning, alisyn and chris are off today. donald trump slamming john bren ever after he said trump does not fully understand russia and warned him to watch his tongue. now the president elect suggesting the cia director may be the leaker of that unsubstantiated dossier. >> this as the backlash intensifies in the president elect's feud with civil rights icon congressman john lewis now a growing list of democratic lawmakers say they will boycott the inauguration and the president elect now also vowing insurance for everybody in his plan to replace obamacare. what does that mean exactly and how will he do that? just four days now to go until the inauguration. let's begin our coverage with sara murray live at trump tower here in new york. >> reporter: good morning. donald trump has clearly had a fraught relationship with the intelligence community but his war of words with ouoi