need a full year funded. how big a sticking point is that? >> i think it's big but not insurmountable. there will be enough pressure from leadership, notwithstanding the concerns from house freedom caucus members, just short-term fix after short-term fix. that's not in is sur mountable. those who are negotiating over daca think there is enough room to give this a little bit more time, to wait another week, to see if there is a potential bre breakthrough with the administrati administration. to say the president has been per cural is the understatement of the year. i'm looking at those signals. >> they don't do the c.r. this friday if they leave it open? >> they do the c.r. and create more space to negotiate daca and do something bigger before

march, which is what mcconnell wants. >> they want daca now. they have their own division. >> this is government punting. that's what we have seen since september. it is clear you will need a bipartisan to do anything. mcconnell can't simply rely on on hurting his hats. is it going to be something that goes forward. >> paul ryan has sweetened the deal. it seems like a chess move. the democrats and republicans want children's health, chip. everybody says that is number one on their to do list. we won't just kick the can down the road until the next resolution. we will continue it six years. is that sweet enough deal to get democrats on board? >> that is a good deal as far as a moral perspective. it is outrageous they have allowed it to languish like this. it would do good for the country. it would solve the problem, or save it another six years. on thursday, it looked like

there was a daca deal in the senate albeit not the house. before the president blew it all up. i personally think if you have to do a short-term resolution and you can get children's heating insurance in the balance and live to fight another day on daca, that might be the best deal possible. for a minority party, they feel they have a lot of leverage. >> you set up the chess move so you can't as a democrat then say -- i know. but it could come back to haunt you. >> it is cynical. the gamesmanship is cynical. it shouldn't have gotten to this place. >> no democrats are talking about chip right now. it is something that matters. it is obviously part of their responsibility. it is all about daca. i have talked to two dozen of them in the last 20 hours. it's on their mind. tphao one is saying they can get a deal done in the next few days. not just because of the politics of immigration, but the practicality. there's too much you would have to build in. >> which is why you have to sign

on to something short-term and just create more space to go back at this, which is why i think you have to look at the people closest to the negotiation, whether they think there is any potential room here. it is amazing to look at the short history of illegal immigration and how this undermined presidents going back to president bush. he probably would have had a deal if not for 9/11. he came back in the administration and was undermined by conserve is actives in his own party. whether it's hardliners on the white house staff who undermined this deal or something else. but, again, you get something short-te short-term. there's no question that it's cynical. stumbling into a government shutdown is such a disaster no matter who claims they think they can blame the other side for it. it's just not something i think if you're really interested in a daca deal by march that you do.

>> so attorney general jeff sessions was on tv left night. and, you know, it's telling to listen to his thoughts on immigration. because they seem to reflect where the president is. and certainly him talking about african nations. so listen to this. >> what good does it do to bring in somebody illiterate in their own country, no skills is, and is going to instructing is el in our country and not be successful. that is not what a good nation we should do. we need to get away from it. a good debate needs to be happening this year. the president is right on the lottery. that's ridiculous. how absurd is that policy for a great nation. >> john, that's an awful live narrow view of eupl tkpwrafpbim. the idea that you are bringing in people who are it literallit their own country.

>> people who come in are often more educated than americans, often have higher graduate degrees. he doesn't talk about that part. >> no. and attorney general sessions, when he was a senator, steven miller, the white house aide, was on his staff, they are a big believer in merit-based immigration. but it is a restriction regression. this is not the lazarus view. this is about give me on your skill, your wealth because we need to focus on american jobs and america first and american workers first. he can defend that all he wants. the veneer was blown away by the president's comments the other way. this president has the ability to do the art of the deal, or he can listen to, you know, the not the better angels of the administration's nature and blow it all up in favor of that seems like policy. >> and demagoguery. let's remember in the history of

the immigration discussions, people like then senator sessions exploiting this to blame immigrants for crime and for terrorism. how many republicans did you hear after 9/11 who opposed comprehensive immigration reform say the they would be coming through our southern borders to attack the the united states. it hasn't happened. it was a shameful, fearmongering exercise on the part of opponents on comprehensive immigration reform. it gets in the way of what the attorney general says he wants, a real he debate. let's recognize who we are as a country, where we have come from. again, as john just said, the president himself has disputed that argument, not just wanting high-skilled workers but talking about a bill of love when it comes to immigration. let's just call that out for what it is. >> okay. john avlon, david gregory, thank

you both very much for the conversation. and this story, steve bannon, refusing to answer questions on capitol hill for many hours. was he silenced by the white house? can he remain silent going forward? we discuss all of that next. hello, i'm an idaho potato farmer. you've probably seen me running all over the country in search of our big idaho potato truck. but not any more. i am done with that. ooh, ooh hot - just gonna stay home on the farm, eat a beautiful idaho potato, and watch tv with my dog... tv anncr: the big idaho potato truck pulled into town today and it's really a sight to see. oh man...let's go....

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assistant at the department of justice. how could he get away with 10 hours of questioning and not be forth coming and not answering it, and does a subpoena change all of that? >> well, so, with respect to the house intelligence committee, bannon asserted essentially executive privilege as ordered by the white house. that included the period of the transition, the period while he was in the white house, and the period after the white house firing. the breadth of that is pretty staggering because typically the executive privilege is only applicable to conversations during your tenure in office. so that has to get sorted out. with respect to mueller, it's a whole different ball game. there's no way steve bannon is going to get away with asserting executive privilege on behalf of the president in that broad -- in those broad terms. he will be taken to court and ordered to answer those

questions for the period at least during the transition and after he left the white house and probably because i expect a lot of conversations they want to have do not involve policy deliberations during his time at the white house. that's why mueller subpoenaed him, to take him to court to force the questioning. >> it is interesting politically, david, obviously. this is being played as a loyalty test for ban. >> no i was actually surprised he complied with white house council. he went voluntarily to speak. he did answer their questions. supposedly counsel had gone to the majority. his lawyer went to the majority and said he's not going to talk about these things. they never told the democrats. schiff and all those guys were surprised by this. what happened to the white house saying we will fully cooperate, we will fully cooperate, ask whatever you want. >> the exertion of executive

privilege is bigger than that, right? you're protecting the office. you're protecting private communications. we have seen this in fight over fight of executive privilege. i think the gain is what special counsel is doing and the fact that there has been a subpoena there and we know what bannon has said in this book, the michael wolff book, objecting to the firing of jim comey, saying what a terrible decision that was. so we know this is going to hit some of the areas that mueller is looking at, namely obstruction of justice and how the president was hamming this investigation. and i think it's important to point out even as flawed as bannon might be as a witness, even though he may have secondhand information, he was there. he's privy to conversations. and we don't know the full scope of what mueller has in terms of other witnesses about potential obstruction of justice, meetings, contacts with russians during the campaign that he can

corroborate from other witnesses as somebody who is high up in the campaign close to the president. so he becomes highly unpredictable and a pretty dangerous witness potentially. >> michael, here's what's happening today. white house deputy chief of staff dearborn and corey lewandowsky. and later this week, hope hicks, who really knows everything. she has been with the president before he was ever a candidate, while he was a candidate, now in the white house. she's the communications director. so can't they all do the same thing that bannon did? >> well, we have to remember, it's not bannon who did this. >> right. >> according to bannon's lawyer, the white house directed him not to answer these questions. so it's the white house who is doing it. bannon is just the witness. if the white house asserts privilege, especially with the breadth they asserted in bannon's case, this will be problematic for the committees.

if they do it or try to do it before mueller, they will seek to enforce that subpoena in court and make them answer questions. and if they hold fast to this strategy, i think it will be obstruction of justice wall with respect to the white house. i think all of these people are, you know, sort of pawns in the game to a certain extent that the white house now seems to be beginning to play. we saw this play out a little bit when the president first said 100% he will testify before mueller back in june. and then at camp david this past weekend he said, well, maybe. now he is saying there will probably not be any need. now he is instructing witnesses to invoke executive privilege. so there is a chance here in some respect. we will have to see how it plays out. but we have to remember, as david said, mueller holds all the keys. and they don't have the same prerogatives before mueller. >> let's talk about that, michael. clearly if nothing else this

shows the white house isn't helping, get this over any time soon. it will have to play out on. sit different when mueller sends a subpoena than when the committee does. it says something good and bad. if you're a target of an investigation, you don't usually get subpoenaed this way. there is a narrow he breadth of what special counsel will send a subpoena to someone as a target. so that's kind of good. on the bad side, if he wants to put new front of the grand jury, you have to go. the privilege won't hold. >> executive privilege can be asserted. nixon tried it and failed in the face of a grand jury. >> right. >> investigating criminal law violations. espy did it. they tried to do it with respect to espy and miscommunications when he was with the department of agriculture. there are a few opportunities to legitimately assert it. i don't think it was in this case. mueller has subpoenaed that and

essentially put the marker in the sand to say we are not going to tolerate this sort of behavior in our grand jury. >> bannon knows what he knows, right? and he may have credibility problems. he is in a rather unique place right now. he is totally out in the wilderness. he has been trashed by this white house. he has trashed people within the white house and pushed out of breitbart. so he's an unpredictable figure who doesn't have a lot of alliances left here, though he says he's still loyal to the president. >> he showed that. he didn't have to listen to this, david. >> right. right. but he still knows what he knows. and he hasn't held back so far on saying what he knows and his opinions about what went down in terms of contacts in the campaign and then the decision to fire comey. so there's no question that he could do a lot of damage here. >> maybe they should call michael wolff and have him ask

some of the questions at these house intel panels. he seemed to get a lot out of bannon. michael? >> bannon said in the wolff book there is, as far as he's concerned, a big money laundering problem for the trump financial empire. that money laundering problem is that of the relationship between the trump organization and russian oligarchs and perhaps organized crime. there is no privilege that protects that conversation. and so mueller may use bannon on the money laundering investigation as well as these other things that david gregory has properly pointed out. >> michael, david, thank you very much. appreciate it. one of the chief critics is ohio congressman jim jordan, an example of the hardline conservative resistance to the continuing resolution. so tonight we're going to attack where the resistance is coming from on getting anything done on daca and the budget. you have jordan on the right and

keith ellison who is hard line on getting daca done. we will test both sides tonight 9:00 p.m. eastern. after a federal judge ruled the white house cannot end the daca program, the justice department, in a rare legal maneuver, is taking the fight to the supreme court. all of those details next. it's the phillips' lady! anyone ever have occasional constipation, diarrhea, gas or bloating? she does. help defend against those digestive issues. take phillips' colon health probiotic caps daily... ...with three types of good bacteria. try phillips' colon health probiotic for free. see sunday's paper!

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(crying, screaming) today is your day. crush it. angie's boom chicka pop whole grain popcorn. boom! the justice department says it will appeal a federal judge's ruling last week blocking the administration from ending the daca program. they are asking that the supreme court you intervene. a nationwide injunction ordering the trump administration to resume receiving daca renewal applications. a former cia director arrested accused of possessing top secret information. the justice department charging

lee with unlawful retention of national defense information. court documents saying fbi searches in 2012 turned up notebooks with the real names of covert cia employees. he faces 10 years in prison if convicted of espionage. both ships were involved in two deadly collisions last year. took the lives of 17 sailors. the navy making it clear that there will be additional administrative actions for members of both crews. they concluded both collisions were avoidable. flight cancellations today because of the winter storm, including atlanta. i think you see snow on the ground there. snow is covering the roads.

>> we have an inch here in atlanta. windchills will be very, very cold. below zero for parts of atlanta and much of the south. this stretches to the northeast. looking at the south florida once again getting snow and ice. it stretches through georgia, the carolinas, up into the northeast. new york getting a little bit but not too much. boston, you are definitely in it. so here's the high rise radar. you can see a lot of snowfall for charlotte, raleigh, through the northeast, boston. so a lot of flight delays today is what you can expect. wait for it. the cold air is moving out and we are going to warm up finally by the time we get to the end of the weekend. we will have much more comfortable temperatures for all of the east, chris. >> all right. thank you very much, jennifer. the results are in. the white house doctor describing the president's mental and physical health as excellent.

but there are areas where he needs work. details, next. [drip. drip.] need a change of scenery?

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johnson put on a dog mask and walked around. all fans are welcome to wear dog masks to sunday is's game. you have to take them off to go through security. i'll tell you what, that will be one creepy looking stadium if all the fans are wearing the dog mask. that is a scary looking mask. >> i agree. what happened to just painting the dog look on on your face? >> you do it once and you win, you have to stick with it. >> if you say so. how did the president's medical exam turn out? dr. sanjay gupta is next with his own findings. so, dathe family up to the lake for the weekend. but without the white knuckles this time. 'cuz his new 2018 ford f-150 has blis with trailer coverage. it's brainiac smart. not only does it watch your f-150's blind spots, it's got your trailer covered too.

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david k. johnston is a number you should remember. he made headlines last year when he revealed donald trump's 2005

tax return. his new book on the trump presidency reveals what he says are political termites that the administration set loose to eat away at the structure of our government. his new book is called "it's even worse than you think" what the trump administration is doing to america. author david cay johnston joins us. let's test the premise a little bit. it's worse than you think. the stock market is up. the economy is growing in a way that wasn't even fathomable just a quarter ago. regulations are getting cut. unemployment is down. that's the sales pitch from the trump administration. how is it worse than i think? >> first of all, the economy has been doing well since the end of the last recession. the stock market has been rising. we have less job growth in trump's first year than the average of the obama years. but the economy is doing well. i don't dispute that. i don't think either president gets credit for it. what the trump administration

has done is put in place people who are putting your life in danger, your income in danger, your public health. for example, the obama administration was putting in place a rule to deal with sleep apn apn apnea. you have report odd horrific truck and train accidents because the conductor went to sleep. all the people need to be tested for sleep apnea. easily treatable malady. i have it. they killed the rule. they are trying to in their budget they propose cutting benefits to veterans once they reach normal retirement age by two-thirds. in trade -- >> hold on a second. he would he will be better to the veterans before anyone before. they have been underserved. you have to get the hospitals in order, veterans affairs in order. you say he is going to cut

benefits. >> that's what they proposed in their budget. no administration has taken proper care of our veterans. trust me, i'm son of a world war ii veteran. i know. if you're making $35,000 in benefits, you drop to $13,000. i don't think it will get through congress, but that is the thing they are trying to do in that area. how about trade? trump killed the trans pacific partnership. i was one of the prominent critics of it. he didn't replace it with anything else. they are pushing the rcep. 16 countries not the u.s. why pay attention to washington. watch us. it's been a huge boom for them to our detriment. we have a big majority of ambassadorships that are empty. when discussions are being held

that effect big business deals, we don't have someone at the table often. >> here's the pushback. the ambassadorship, give us time. it's political pay back. on trade, give me time. i'm going to cut my own deals with the asian companies. tpp was not to our advantage. it was to their advantage. they say if you cut regulations and you have a two to one ratio. the less regulations, the more businesses are happy, the more it grows. look, david, they are already giving people bonuses just because word of the tax plan. >> many companies did it last year when they got a 35% tax deduction rather than this year when it's worth 21%. a number of the companies

immediately announced they were laying off lots of people. when an economy is in good shape and unemployment is low, you're going to raise wages. i don't attribute that to the trump administration. >> the bonuses we heard about that was trumpeted, no pun intended, were done for tax reasons. >> they were done primarily because of business reasons. you need to pay the amount of wages necessary to keep people. >> you don't think it was the tax deal? >> no, not at all. and this tax deal is a discount as much as 80% for companies that siphoned profits out of the u.s., were untaxed and now bringing them back at a discount. imagine how risk they would be if they could delay paying taxes 20 years and congress said we're going to consult your rate 80%. pay your taxes now that you didn't pay back then. and you can keep the earnings off that money. >> what is the philosophical flaw in your opinion? because obviously if you

subscribe to the benign intent theory of social -- of government, they're doing these things because they think it will make the government better. make your trade more advantageous. and this president says he is the master of the deal. what's the philosophical road? >> there's no policy here. it's people he appointed. political termites who are doing these things. what they are doing is what steve bannon said they would do. they are going to destroy the administrative state. why do we have regulations in we need various regulations. business is often behind the regulations that are there. we are going to remove two to get a new one is mindless. i used to teach regulation. one of the principles i taught law students about regulation is the best regulations are

self-reinforcing of virtuous behavior. that's not what they are doing. they cut the number of inspectors for wage and hour violations, stopped posting deaths from job sites. they have reduced all sorts of other areas where public safety and health is affected. and that's what i go into in the book to show you. this is stuff that doesn't make the news because it's going on inside the government. and we tend to cover the white house or the controversies more than the issues and the operations. >> fair criticism. a statement against interest. in reading the book, there was very little that i had 100% grasp on before i saw your reporting on it. that is my pitch for the book. david cay johnston, thank you very much. we literally just scratched the surface in terms of what david has taken the time to look at, assess, and jute tphaoescrutini >> it will be a fascinating read. the doctor says president trump is in excellent health.

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the presidential physician, the white house dr. jackson briefing reporters on the results of president trump's physical. so what did we learn yesterday? let's discuss with chief medical correspondent dr. sanjay gupta who was at yesterday's briefing. i want to get to your findings because you see something different in the lab results than the white house doctor does. but first i want to just play a moment from that briefing when a reporter asked sort of the burning question of how the president can be in such peak health when we know a lot about his diet. so watch this moment. >> can you tell me how a guy who eats mcdonald's and diet cokes and never exercises is in as good shape as you said he is in.

>> it's called genetics. i don't know. some people have great genes. i told the president if he had a healthier diet he might live to be 200 years old. i don't know. he has incredible genes. >> if he cleans up his diet he could live to be 200 years old. what did you see here yesterday? >> you know, it's interesting. when you talk about excellent health, you're talking about someone who needs medication for cholesterol and is borderline obese and trying to reconcile that with excellent health is the question john was driving at and a lot of us are driving at. what the doctor said to us we have also done an echo cardio gram of his heart, a stress test of his heart and feel his heart is functioning well. despite the fact that there are concerns of other risk factsors, the cholesterol and other things, his heart seems to be functioning well. >> but when you say when you

look at the test results that you conclude heart disease, and you said known heart disease, what do you mean? >> a few years ago dating back to 2009, he started to have -- president trump had these tests that are actually looking for the presence of calcium in the blood vessels that lead to the heart, the coronary blood vessels. steadily, up until last week when he had them performed tkpwepbl, the numbers have moved up. when they get to a certain range, 130s, that means he has heart disease. when i spoke to dr. jackson he said he passed all the tests with flying colors. i said did he concede that the president does have heart disease. they will be increasing medications, including the cholesterol lowering medication to try to combat that. but there's no question. by all standards, by all metrics, the president does have heart disease. it's controllable with

medications. he needs to have his diet under control significantly, something the doctor talked about. but he does have heart disease. >> a moment caused concern for people who are watching. there was a moment where president trump slurred his speech a lot and people were wonder tpg that was cognitive or what was happening. let me just remind people of what was happening and we'll talk about what the doctor said. >> i asked the leaders of the region, politically religious, israeli and palestinian, jewish and christian and muslim, to join us in the noble quest for lasting peace. thank you. god bless you. god bless israel. god bless the palestinians. and god bless the united states. >> okay. so now we have an answer to that. how did the doctor explain it? >> it was quite simple from the doctor's perspective, he said he had been prescribing the president sudafed, an

antihistamine. that makes your mouth quite dry. he said it was just dry mouth that caused that. dr. jackson asked, could there be any other reason, a denture, personal denture or something dental at all. he waived that off and said this was simply dry mouth and said it was his doing, prescribing the sudafed that caused the problem. >> he said i overprescribed the sudafed. it does dry you up. finally an explanation. it would have been helpful if the white house said that when people were worried. the doctor reported that the president asked specifically for a cognitive test. what do you know about what that looks like and what the findings were? >> people should look at this test. it is called the montreal assessment test. it is about a 10-minute test. and, alisyn, it's a screening tool.

it is not a diagnostic tool. it is is not going to diagnosis someone having dementia or not having dementia. they show pictures of animals and ask to identify animals. see how many words starting with 23 you can name in a minute. things like that. draw a clock. draw a cube. if you pass that, which most people do, it gives people a little bit of a sense of comfort regarding dementia. president, as dr. jackson said, scored 30 out of 30 on that. from dr. jackson's perspective, this is a done deal. he doesn't plan on ordering any other tests. >> not only that, the fact that in his own assessment. he says he's been around president trump. nothing has caused him -- he

hasn't seen any warning signs or cause for alarm. >> he said he velcroed himself. he's around the president all the time. he would he doesn't see repetition of words or anything as a medical professional that causes him concern. that's what dr. jackson said. you have to take him at his word. >> we'll have you back in the program later with a few more findings. thanks so much for all of that. thanks to our international viewers for watching. cnn "newsroom" is next. for our u.s. viewers, "new day" continues right now. >> it's embarrassing we can't reach an agreement. >> no reason congress should hold hostage because of illegal immigration. >> scramble to go find the votes to