good evening, another full hour of "ac360," breaking news, another full day for president trump, we just learned something he said about his congressional

leaders, that may speak volumes where his head is. what have you learned, phil? >> well, anderson, what is described to me by one source as a bizarre and awkward turn, during that private meeting with the congressional members, the president recounted that between 3 and 5 illegal million votes were cast against him during the election. this is just something not true, flatly not true. no evidence presented by trump or his top associates to back up his claim that he made in the past on twitter. and it is something we haven't actually heard a lot about from the president since those initial claims on twitter. but it was brought up in a private meeting. the context was, the president was going through a ten-minute recount of how he won the election, how the campaign went and the congressional leaders were listening intently. and then this came up. as i noted, as one source said

it was a moment that the leaders just tried to move past. a source said i can't believe this came up again. it's something that the president, even though he seemed to have gone quiet over this in the past, can't seem to get past. >> it certainly steps on a very successful day on capitol hill for the president's nominees. what is the word on that? >> at least four of the leaders in the senate in the room today kind of helped to contribute to a very positive day for the president on nominations. this is an issue that is cluttered up behind the scenes, the dam at least slightly starting to break. first, rex tillerson, the president's secretary of state nominee, cleared by the senate today. and marco rubio, very cautious and wary of this nomination has decided to support it, almost guarantees he will be confirmed by the full senate. the president got his cia director, mike pompeo confirmed,

14 democrats voting in favor of that nomination. there are a lot of fights to go forward, but for an administration trying to get its top officials atop the agencies really to kind of get the work kicked off and get things going this was definitely a positive step in the right direction and a very good step for the trump administration in terms of their relations on capitol hill. >> there was also a private meeting between trump and speaker paul ryan, i understand you have information about that. >> in terms of meetings, this was the most important meeting, not the congressional session, where everybody said it was top line, that is not the case with the private meeting with paul ryan, now the ryan office released a statement saying they talked about a number of different issues, about the agenda, an ambitious agenda they want to push through. i think it's important to note when it comes to the relationship with paul ryan and president trump, obviously it's no secret it was strained throughout the campaign.

but it is a crucial relationship and one that has grown in the past weeks, there was closed door meeting with paul ryan and after the meeting on capitol hill. a real concerted effort not only to get the relationships right but also to work forward on the policies. >> all right, let's talk with the panel. cnn political commentator, ryan reporting that the disproven claim was raised, that there was 5 million or 3 million illegal votes cast, which is why he lost the popular vote. we're looking at the tpp, then he would go down this rabbit hole again. >> first of all, welcome to washington, president trump, you say something like that in a private setting with a bunch of democrats also going to like

out. and maybe there were some republicans that leaked it out. i think you had a lot of people in that room anxious to tell the press about this. that aside, it's also strange that he would say it in that setting. you know, sometimes i think you could say oh, well, he just makes this stuff up in front of crowds and does it for political reasons. no, he is actually saying it to the congressional leadership who obviously knows it's not true. and you start to think well maybe he really does believe it. maybe he convinced himself of this false information once he has gotten it in his head. >> i almost wanted to replay the tape of you last hour saying he had a great victory. it was a stunning you know, historical victory. wasn't a popular vote victory, an electoral college victory and it's an amazing thing. >> we are having too many bizarre moments with this new president, as phil mattingly called it. and you want to say to the president of the united states

-- you want to say to the president of the united states, grow up, mr. president. you have been elected to be our president. you want the big numbers, unit d the people and be the leader of all of the people of this country. something very disturbing is going on here, i talked about the tweets being an mri of his psyche, these likewise are an mri -- >> kayleigh, is this much ado about nothing? >> yes, we all know he talks about poll numbers and victories that he will question the popular vote. he does it, and the media goes into a tail spin, and meanwhile, the media and people watch -- >> he is saying that fraud occurred -- >> it's false. >> there is no way to disprove it. >> it has been disproven.

>> well, there is no evidence to the contrary either, you can't dispute that many, many illegals voted. >> there is considerable evidence to the contrary. >> if hillary clinton were out there right now saying donald trump is not a legitimate president because his victory was a matter of fraud in wisconsin, michigan, and pennsylvania, what would you say to it? >> which she tried to say over and over it was the russians. >> and consistently -- >> her surrogates have continually. >> no, hillary clinton, trying to delegitimatize the election, what would you say? >> her surrogates are saying it. >> i just want to say, i have done most of my work in you know, blue cities, blue states, urban areas. it's really, really hard to get people who are eligible to vote to go vote.

it's really hard. gotv is one of the most difficult things you can do. the idea that 3 or 4 million people who are not even eligible to vote are for some reason in a blue state where it will make no difference go out and vote is absurd on its face. it just flies in the face of what actually happens. i don't need a study on it. >> i have run more studies, if he wants to reflect back on his campaign, one number, the electoral vote, there are 218 house members, 215 senate members and that is his focus. the highlights and campaign is done, he is the president of the united states. he gets to walk in the oval office every day, and move the country forward, he will be measured in two years or four years and the confidence the american people get, no matter what he does, if he is not successful on those fronts he

promised he will not be successful. >> this really goes into what we talked about in the last hour, is this just a personal security on his part -- >> sure it is, it's in his head the idea that he did not win the popular vote. the popular vote doesn't matter. we're not a democracy, we're a republic. >> the person he is making very happy right now is michael moore. michael moore is going around telling everybody call him the minority president, the minority president. it just bothers him. if he wants to make michael moore happy he will keep saying stuff like this, letting democrats know that it is getting to him he lost the popular vote. >> and you know, hwhen he says - >> you have the most amazing powerful job on the planet. you won. >> they can't take it away from you. >> and another thing we've seen is, he peddles in conspiracy

theories, it's not the first, the hash tag birtherism. you know these things get stuck in his head -- >> you know what they say about paranoia -- >> he steps on it all the time. >> carl loves the tweets, as a campaign strategist i would have taken that machine away from him and thrown it away in the river a long time ago. but he likes it, it's the whole new way we do it. there will be good days and bad days. at the end of the day, the president's message is what is important. >> no shortage of subjects to bring you up to speed on, here is jim acosta. >> sitting in the oval office, president trump set his

ambitious agenda into motion, withdrawing president obama's trans-pacific partnership, and banning tax deals helping fund abortions overseas. and put a ban on federal hirings, except for one deal, the military. warning that they will pay a new price if they shift jobs overseas. >> they will have a substantial border tax. somebody is going to say trump is going to tax, there is no tax, none whatsoever. and i just want to tell you all you have to do is stay, don't leave, don't fire your people. >> in return, mr. trump offered a carrot. >> we think we can cut regulations by 75%, maybe more. >> for the white house this was a day to get back on the rails. >> they are among the most dishonest human beings on earth. >> after trump attacked the media, the reports on the size of the crowd at his inauguration. and sean spicer, press

secretary, tried to back it up. >> this is the largest inauguration period both in person and around the globe. >> an attempt at spin that backfired badly. >> sean spicer, our press secretary, gave alternative facts to that. >> at today's white house briefing, sean spicer said he and the president were trying to correct the narrative. >> isn't that the kind of -- >> no, look, i've been doing this a long time, you have been doing this too. i have never seen it like this. it's a little demoralizing, because when you sit there and look out and you're in awe of just how awesome the view is and how many people are there and you go back and turn on the television and see shots of comparing this and that, it's frustrating for not just him but for so many of us trying to get the facts out. >> and spicer said he appeared to tamp down expectations that

the u.s. would immediately move its embassy in israel to jerusalem. >> and for all the criticism directed to the media and probably by the media to this administration, there did seem to be a lot of access today. >> as a matter of fact there was, anderson, we counted in total of around six photo opportunities today where the cameras were allowed to come in and photograph the president doing a number of different things. there was even a camera present at that reception with the leaders you talked about earlier on in the show. you're right, anderson, it sort of raises this question, where is this war on the media? it almost feels like a love fest in terms of the access we had today. but when the president is telling congressional leaders behind closed door, saying perhaps illegal ballots were cast and that is what cost him the popular vote i can guarantee you anderson, at the press briefing tomorrow that will be a

question front and center. so it goes to show you even as this white house tries to manage the message and the optics, when the president does something like this on his own he creates more controversy for himself. >> just ahead, from someone who has seen a lot as the white house chief of staff. later, a report from the especially hard-hit county in georgia, and a look at the punishing windstorm that just took its first life in the east and is threatening many more. the highly advanced audi a4, with class-leading horsepower. he's happy.t's with him? your family's finally eating vegetables thanks to our birds eye voila skillet meals. and they only take 15 minutes to make. ahh! birds eye voila so veggie good

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you were chief of staff under george w. bush that it's important when you have senior advisers, sort of without portfolio, that they have marching areas and areas they focus on. otherwise things -- a president can get kind of pulled in a lot of different directions. do you see that at work in the trump administration right now? >> i think it's too early to see whether the adviser, steve bannon, kellyanne conway, if they have no portfolio then they have no responsibility and they tend to disrupture t the proces getting the president ready to make decisions. i want them to understand the process of developing policy recommendation. it's important for that to happen because the president should never make an easy decision.

that means by definition this should not be a consensus. and when you are making a tough decision you want to have the best process in place to make sure that you minimize the number of unintended consequences to the decision you make. there are always unintended consequences. >> one of the things i have been reading lately is just the difficulty of a candidate who becomes a president. making the transition early on from candidate to president of the united states. i'm wondering -- one of the things you said about president trump is that he needs to make quote, presidential decisions. obviously saturday he was at the cia in a speech that was supposed to be about building bridges with the cia and seemed to get sidetracked into other issues about the crowd size and the media and things like that. how difficult is that transition, these early days? >> i think it is particularly difficult for somebody who has not been in a role of so-called

governing. he has been in a leadership role as the president of his company, but a leader has to govern and get people around your organization that will respect how you made a decision, how it could be understood. and then implement it. and governing requires partnerships with congress and also requires partnerships within the executive branch of government. the vast majority of people who work in the executive branch, and donald trump is in charge of the entire executive branch of government. the people on the trump team now, many of them did not vote for him. they're career public servants and want to take his direction, but they want to make sure that their knowledge, their wisdom, has a chance to creep into the discussion of policy so that you don't make decisions that are obviously not going to work. >> so how do you kind of explain day one and day two for the

trump administration where donald trump went to the cia, seemed to get sidetracked. then there was the press event with sean spicer that -- the statement he made that he tried to clean up today. what is your reaction today? >> well, i was impressed with sean spicer today, he did a really good job today. i thought he had a mini bit of crow about not doing so well yesterday but i think he recovered well and did a good job. with regard to president trump's visit to the cia, i understand the passion and the excitement that he had. but i don't think he appreciated where he was when he was saying it. i know he is excited to be there. obviously, the people that work at the cia are excited to see the commander in chief and the president come. so it was less about what he said but more about where he said it.

>> the trump team still has a lot of cabinet posts yet to be confirmed. obviously, a lot of republicans are pointing fingers at the democrats for delays, does the delay in the senate confirming the members, does it get in the way of getting things done, or is that just how politics happen? >> well, it's not politics as usual, this seems to be a bit unusual. i blame the democrats, not the trump administration. i think the democrats were over-reaching in some of their objections but hopefully they will get the team in place. it's very important to have the president's leadership that understands the commitments that he has made. i say that because the bureaucracies themselves want to know what they're supposed to be doing. and that leadership comes from the secretary, the deputy secretary, the assistant secretaries and it's very important that the senate

confirmed the president's nominees to start the job. >> that is fascinating, good to talk to you. his point about the confirmations, and administering the oaths, pompeo, who was confirmed as the new director of the cia. >> just ahead, donald trump cutting ties with some business interests, we'll talk with one of the attorneys who is now suing him. you're on your phon, you probably think you need an unlimited plan. but actually, the majority of people pay for data they never use. that's right, two out of three people use less than five gigs. now verizon introduces the one plan that's right for you. switch, and for just $55 get five gigs on america's best network. that's tons of data at a cost that's less than an unlimited plan. and the best part, no surprise overages. finally, all the data you need, on the network you want. verizon.

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more breaking news tonight, information about an investigation regarding mr. trump's national security adviser, mike flynn, and our chief national security jim sciutto, joins us. >> officials tell me and my colleague, evan perez, tell me that they're looking into phone calls between michael flynn and the russian ambassador. the investigation continues and has not reached a conclusion. two, they're looking at the fact that not only did the phone

calls take place, but also the content of the phone calls raised potential concerns. i should add, however, that so far they have discovered, or established no wrongdoing by general michael flynn. >> and the focus of -- was u.s. intelligence listening in to the russian ambassador? >> this is routine intelligence gathering, u.s. will listen to russian and other foreign officials, particularly those based here in the u.s. just as you would expect other countries to do to officials posted abroad. so to be clear it was the conversations from the russian ambassador, it just happened that michael flynn was on the other line. he was not a target of the evesdropping, but the calls as well -- >> and as recently as yesterday he spoke to flynn about this. he said flynn told him there were only two calls, one on

december 29th. the other a few days ago, why is december 29th important? that is the same and hundreds of trump business entities, some documents as well from a bipartisan ethics watchdog, now in a moment we'll speak with one ofattorneys, the republican

taking part. >> my two sons who are right here, don and eric are going to be running the company. >> one day before he was inaugurated, president trump made that official according to this signed document provided to cnn by the trump organization. which reads in part, i, donald trump, resign from each office and position, and concluding my resignation will be effective immediately. >> again, i don't have to do this. they're not going to discuss it with me. >> it is true that most conflict of interest laws requiring federal government officials to divest from their businesses do not apply to the president. yet a group of ethics attorneys argue that president trump still has an interest in his companies which violates the constitution. >> why isn't resigning from his companies enough.

>> because he has a financial interest, it's not own his name. he has his names on the buildings, everyone knows he profits from it. >> at issue is the clause of the u.s. constitution, which says no person holding any office can quote, accept of any present, emolument, a title from any king. >> what amazes me about the constitution is that the founders understood it would be a real problem if elected officials had financial entanglements with foreign governments. so they put a very strict rule in the constitution, you cannot accept payments from foreign governments. >> there are provisions, when somebody stays in a hotel or rents office space in a property, it may violate the constitution. earlier this month, trump's lawyers said any profits made from his hotels would be donated

to the u.s. treasury, but insisted it is not mandatory. >> they are wrong, paying for a gift is not wrong, and it has nothing to do with the office. >> it is still unclear if a federal judge will even hear this case from the plaintiff against trump. citizens from the responsibility for ethics in washington, a left-leaning watch dog group. the president himself no stranger to being sued in business responded this way. >> without merit, totally without merit. >> dana bash, cnn washington. >> well, joining us now, somebody who clearly believes there is merit to the lawsuit. richard painter would -- who served during the bush administration. you say that resigning from his companies is far from enough. in fact, you're part of the

group of lawyers suing him in federal court. >> i want to report that they're not a left leaning group. i wouldn't have anything to do with it if it was. i think that americans of all political persuasions ought to be very concerned if the president is taking payments through his businesses in violation of the constitution. and this provision of the constitution prohibits not just presents, but emoluments, they use a lot of latin phrases, a word that comes from a latin root. we don't use the same words in this day as much, but it basically means pay. the president cannot accept these payments, neither can anybody working for the united states government, in a position of trust except benefits dealing with foreign governments.

this includes loans with the bank of china and foreign-owned banks and renting space and office buildings. diplomats staying in the hotels, parties put on by foreign governments in the hotels. none of that is permitted. we have been talking about this for two months, urging the president to take action to clean the foreign governments out of his business. no action has been taken except the very minimal, minimal step of turning profits from the hotels. >> that is what we were discussing, they designed the clause with the idea that they were taking foreign profit from another state. with that in mind you say this goes well beyond the hotel bills? >> it goes well beyond the hotel bills. we don't even know where the financing is coming from, from a lot of the trump business -- we have no idea where it's coming from. >> don't you have to prove

injury from some kind for this case to move forward and for your associations to have standing as plaintiffs? >> yes, and i think we do have standing. the group, citizens for responsibility and ethics in washington has been focusing on corruption for a long time. we have spent a lot of time and money addressing the campaign finance connection. the lobbyists and the rest of it and now we are confronted with this new avenue of corruption, one anticipated by the founders, but we've not had a serious problem with foreign government payments to u.s. government officials for a very long time. and now we have to confront it and we have a president who is not willing to assure us even that russia has not put russian government money into his business enterprises. he has given us no assurances whatsoever about emoluments,

this is something we have been looking at for a long time and feel a judge needs to follow it. >> all right, richard painter, thank you. and looking at the large amounts of crowds, president trump's pledge to repeal or replace obamacare has sparked the effort to gear up. aleve direct ther. a tens device with high intensity power that uses technology once only available in doctors' offices. its wireless remote lets you control the intensity, and helps you get back to things like this... this... or this. and back to being yourself. aleve direct therapy. find yours in the pain relief aisle.

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again, our breaking news for washington, president trump's pick for cia director, mike pompeo, confirmed. the first days of the trump team had been busy, a controversial day, protesters turned out in huge numbers, women's marches all over the world. he is the first president who has not released his tax returns, and his business, which he still owns, made a point of controversy. we talked to bernie sanders about all of this. here is part two of the conversation. there is a tweet on your page questioning whether president trump is in violation of the emolument clause, which deals with money coming from foreign

governments. and frankly, we haven't seen the tax returns. do you believe the president is in violation of the constitution? >> well, i think that is exactly what has to be looked at. as you know there is a lawsuit filed today making just that case. look, we want a president who is going to make decisions based on the needs of the american people. not based on foreign investments in the people who own his debt. and i think this is an issue that has to be looked at very, very thoroughly and i do have serious concerns. >> the president says he resigned now from more than 400 entities. is that enough? >> no, how many entities is he involved in? this is a mid-to-lowbillionaire interests flung all over. >> let's talk about where the democratic party goes, i mean, you talked about the protesters,

the huge turnout not only in washington but around the country and cities all over the world. where does that go from here? how do democrats and others try to harness and make that a jumping off point? >> i think what those protests and rallies are the beginning of is making mr. trump aware that throwing 20 million people off of health insurance, for example, without a replacement is not something that the american people want. is that de-funding planned parenthood and denying two and a half million women the quality health care that they're currently getting is not what the american people want. on issue after issue, mr. trump's position is at variance with what the majority of the american people want. and with those demonstrations, what they were about, telling mr. trump listen to the american people. and start responding to their

needs. >> but the message you know -- obviously, there was huge attendance, but in a lot of places rust belt states where white working class women voted for trump. that message doesn't necessarily resonate. there was an article where people kind of shrugged off the march and didn't really know anything about it. >> first of all, the democratic party for better or worse did not organize the marches. those marches were organized by a small group of women who came together i think it was just a few weeks ago. it really was extraordinary. but the bottom line is what the rallies showed is that there is huge opposition to an extreme right-wing agenda of mr. trump and his attacks on women's rights. whether it is de-funding planned parenthood, whether it is taking

away a woman's right to choose. whether it is not supporting equal pay for equal work. >> do you know, though, how to harness that energy, that enthusiasm, that opposition? >> well, i think as i have said many times that the democratic party has got to do a whole lot of re-thinking, and they have to establish a 50-state strategy. it pains me very, very much that in states where poverty is very high, where wages are very low that working people are voting for right wing republicans who will take away or not provide the health care that they need, will not raise the minimum wage to a living wage, will not provide pay equity for women. and i think we've got a lot of work to reach out in those states and this those areas. >> senator sanders, i appreciate your time always. thank you. thank you. >> many of the protesters who turned out at this march to support women's rights carried

signs in support of planned parenthood and the affordable care act. president trump plans to de-fund obamacare, triggering a backlash in some parts of the country, miguel marquez has more. >> reporter: the fight to save obamacare. starting to look a lot like the fight to kill it six years ago. >> you can take this bill and shove -- >> then, concerned issues derail the bill. now, nationwide protests over obamacare is back. this time, in favor of it. in colorado. constituents flooded a meeting of republican congressman mike coffman, he spoke with some of them, then made for the exit. at a trump hotel in new york it

was a cough-in. followed by a protest, followed by a police escort out. >> it's time we got our national priorities right. >> bernie sanders headlined an obamacare rally in warren, michigan. thousands showed up. >> i'm pushing fif ining 50, i' and scared of what is going to happen. >> reporter: the worry, the reality of the new president on down. >> it will be repeal and replace. it will be essentially simultaneously. >> reporter: but so far, few details on replacement, even as repeal moves ahead. >> the majority party has refused to fix anything. they have refused to discuss it. all they have done is to say no. well, now they own the problem. >> reporter: even in ultra-conservative west

virginia, where trump got 68.7% of the vote in a state that has benefitted from obamacare like no other. the percentage of uninsured here fell a huge 58.7%, the fight for obamacare bubbling from the ground up. dr. jessica mccauley has seen the health care of her patients improve under obamacare. >> people are using their community health centers and going to the doctor. >> reporter: the stakes for those who rely on obamacare never higher with its likely demise imminent, the effort to save it getting critical care. miguel marquez, cnn, charleston, west virginia. up next, we have breaking news, a search for six people including a young boy.

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heavy rain and strong winds are hounding new york in strong areas. all due to a nor'easter. authorities blame 23 deaths nationwide on severe weather today and over the weekend. at least 41 tornados hit the region, at least six people are missing in georgia tonight. gary tuchman is there with search and rescue teams and the survivors. >> it is sadly a life or death search. a 2-year-old boy missing after a tornado in south georgia. members of the u.s. civil air patrol are looking for the little boy. hoping and praying he might still be alive in these woods. >> it's my honor to be out here helping these people. >> the family hadn't evacuated

their house next to the woods where the tornado hit. >> i've been crying. i don't want to cry in front of the camera. >> i understand. you have a lot of people out there working hard. >> i appreciate it, man. >> multiple people have already been confirmed dead in this county, the damage is widespread and devastating, mobil home parks among the most damaged. >> it looks like a nuclear bomb went off. >> the chairman shot this video shortly after the tornado came through. that commission chairman -- >> when you hear a mother screaming for a child and she can't find her child, you see someone that has a nail that is shot into the bottom of their foot and you see that may hem. it's -- i mean, it's a lot of pain, a lot of hurt, our folks

are really hurting right now. >> one of those hurting is dave sheppard. >> you're not going anywhere. >> i say, this is the only way you can get in the house is through the window. >> that window over there? >> that window right there. >> faye's mobil home was virtually destroyed. she had evacuated, but was afraid her chihuahua named girlfriend wasn't going to be allowed in the shelter. >> when you picked her up and saw her, what did you say to girlfriend? >> you're alive. thank god. >> the warnings of the people received here were specific, the bulletins declaring that a large and destructive tornado was on its way, with the potential for catastrophic damage. >> and that is exactly what happened. now many like faye don't know what to do next. she's not sure if she has insurance to cover this. >> that's my home.

and i don't -- i really don't know yet where i'm going. i look at my daughters that's right across the street, and hers is even worse than mine. >> it's hard to imagine. >> what's the latest in the search for the 2-year-old child? >> at this hour, the little boy has not been found yet. it's a difficult search because it's a heavily wooded area. the search was suspended when it got dark tonight. it will definitely resume at first light tomorrow. this is a relatively small community anderson, and hundreds of homes have been devastated, demolished, damaged. people have lost all their personal belongings, and a lot of people are in dire financial straights. the united way of southwest georgia is helping out people here, if any of you would like to care to donate, we'd like to show you the website address.

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we put up a web address for those in the last segment who wanted to help survivors of the tornados in georgia. we want to show you the address again. it's unitedwayswga.org. they clearly need a lot of help there right now. that does it for us, thanks for watching. the president is getting down to business. this is cnn tonight, i'm don lemon, breaking news to tell you about, mike pompeo confirmed by the senate. the president signs executive orders on trade, abortion and a federal hiring freeze. meets with congressional leaders and ceo's at the white house. apparently turns a page on those so called alternative facts about the size of the crowd. our intention is never to lie to you.