how dare he, that's what fred called ethel. jeanne moos, cnn, new york. >> and thanks to all of you for joining us. "ac 360" begins now. good evening. and the washington post is reporting that interview could come within weeks. that is the biggest development not the only one because mueller's investigation has already for the first time reached the president's cabinet. attorney general jeff sessions was questions last wednesday. he didn't discuss it with sessions who was at the white house yesterday. investigators spoke with comey

last year. comey was asked about memos he wrote about his interactions with the president. christopher ray threatened to resign under pressure with sessions. all of that ahead. and as the washington post reporting mueller wants to speak with the president himself in the next couple of weeks. what we don't know is if the president will cooperate. here is what he said back in june a day after comey testified when asked if he would be willing to give his version of events under oath. >> 100%. >> so if robert mueller wanted to speak to you about that? >> i would be glad to tell him. >> weeks ago he was asked again and said this. >> we will see what happens. when they have no collusion, it

would seem unlikely that there would be an interview. joining us now is pamela brown. >> reporter: the president is a key figure in the obstruction of justice probe, and this is a signal that that probe is nearing its end. sources tell myself, my colleague gloria borger that mueller's team has reached out to the president's lawyers asking him to request him on a couple of areas on the obstruction of justice umbrella. investigators would want to talk to the president ideally for them, whether the white house would allow that is a different story. they want to find out his state of mind, his intent, why he fired james comey. there was a reporting that the president allegedly asked comey

to drop the investigation of michael flynn. sources tell us that these discussions are still on the preliminary stages at this point. don't expect anything very soon because there is a lot to be worked out still. >> is there any indication about how the interview would take place or if it will happen? >> reporter: right now sources tell us that basically, what the lawyers would like is to sit down with mueller and first try to present a case to them to tell them why there is no case essentially on the obstruction of justice front. from there there is a willingness to open the president up to perhaps written answers to questions. sources have been telling us an in-person meeting would be a last resort but these are things that are being worked out. and again, sources telling us this is something that will likely happen in the next couple of weeks or few weeks because there is still a lot to work out and what that might look like is

still an open question. appreciate that. joining me here is jeffrey toobin and preet bharara. >> if this is true, where does that tell you about where the investigation is? >> well this is not a typical investigation because it involve a special counsel who is appointed and involves the president of the united states. by the time you are getting to the top level person, in the most high level person who is a potential target in the investigation, you probably have gathered as much evidence as you can from every other source. >> you want to save the most important interview towards the end. >> i think so. that's how we did it when we investigated very high level folks. you save that person to the end because you might not get a second chance. >> you definitely are not getting a second chance.

difficult enough to negotiate one interview with the president. so you don't want a month from now or a month afterwards and say by the way i want another interview. you are never going to get another interview. >> does this mean the firing is coming to an end. >> it appears to so. the white house is pushing out the wishful thinking line that this investigation is almost over since last fall. if they really are trying to interview the president in the next couple of weeks that is good news for the president because it means they are starting to wrap up. >> what does it tell you that they seem according again to this leak that the focus is on the flynn and comey firing. >> i have thought from the beginning that prosecutors don't like esoteric crimes.

and collusion is not a federal crime. it is possible to shoe horn relationships between the trump campaign and russia into some sort of criminal statute. but it is difficult. obstruction of justice is a crime and it is one that presidents have investigated for. richard nixon, bill clinton. and when you have the president firing the fbi director who is investigating him there, is a lot of basis there. >> and preet, the president's team is trying to have it have a combination of the president answering questions and written answers. >> i don't know what it means, the hybrid situation means. typically if a case like this for it to be productive for the prosecution and the target of investigation to explain himself, you want to be able to sit in a room face to face and

ask follow-up questions and nail people down on specifics >> the written questions could be written by attorneys. >> sometimes defense lawyers would present documents. and we wouldn't throw it in the garbage. actually having the person in front of you. >> can you envision any scenario, where you as a prosecutor would say we will give you written questions. >> and when you talk about it being hybrid. with respect to some subjects, we will send you a memo. >> i think there is no way. preet is right -- >> they will submit something. >> when you are a prosecutor you say to someone you are investigating, well show me any evidence that you think i should see that suggests you are not guilty. and that is entirely

appropriate. when you want to question someone, and you don't want to give the lawyers a chance to you know craft answers that donald trump might not even read much less write. >> if the president refuses to do this interview he could be subpoena. >> absolutely. >> and probably would i assume. >> that is the leverage that mueller has here. >> and if responding to a subpoena in front of a grand jury and the lawyers aren't present. >> that is correct. the president is in a unique position. he is not like any other witness. bill clinton gave grand jury testimony of a kind but he did it by video and from the white house. president bush in the 9/11 commission, he did an informal interview. no transcript taken.

certainly that is what the white house would prefer. that is what the fight is going to be about. >> and the reporting that jeff sessions had been interviewed by mueller. would that have been possible if he hadn't recused himself. >> it shows the necessity of him having to recuse himself. the fact that he actually has been interviewed showing himself to be a witness in the particularly thing that donald trump said he should still have overseen i think speaking volume how silly the position the president has on this. >> one of the things i find peculiar about the investigation is why isn't rod rosenstein isn't recused. >> i have a theory about that. i haven't heard democrat politicians clamoring for his head. and my theory is that because rod rosenstein took it on the chin after he wrote that memo and appointed mueller to be the

special counsel, he has gained a measure of trust on the part of people who might otherwise wall for him to recuse himself. and it is the devil they know versus the devil they don't know. and the theory goes people are not as trustful that the next person that comes in will allow the investigation to continue unfetterred. >> legally, if you are a witness as rosenstein is, how can you be supervised of the investigation? >> someone has to complain. >> the idea that comey has already been interviewed, that is logical. >> he is the key witness in this case. he has all those notes of his interviews of the president that he was so freaked out by. these conversations with the president that he immediately wrote down what happened. he, no question he would be interviewed at great length.

>> my guess is that his recall would be fine and specific. >> thanks very much. coming up more breaking news. "the washington post,". also the president and the porn star. the payoff. the first lady suddenly no longer taking a scheduled trip with the president and we will take a look at that and see if it is just a coincidence. ♪ a wealth of information. a wealth of perspective. ♪ a wealth of opportunities. that's the clarity you get from fidelity wealth management. straightforward advice, tailored recommendations,

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more breaking news the washington post reporting after the president fired comey, asked him who he voted for and vented. joining me on the phone. explain to me what happened. andrew mccabe goes to the white house and what went on? >> so andrew mccabe is in the oval office we are told and essentially it is a touchy time for everyone involved. andrew mccabe's boss, jim comey has just been fired by the president.

and the president has disliked andrew mccabe. and the president asks mccabe who he voted for and mccabe ducks the question by saying i didn't vote in the last election and the president offers critical commentary of mccabe's wife who had run in 2015 in a democratic -- as a democrat in a virginia state election. >> and she had received campaign c contributions. >> the root of distrust of mccabe runs from the fact that mccabe's wife ran as a democrat. and mcauliffe is a close clinton

ally. >> your article talks about how andrew mccabe felt about this interaction and how other people in the fbi felt when they heard about it. >> this is unheard of to ask a civil servant or someone you are screening for a government job. one of the rules for government work is it is simply not done. and all sorts of past instances where government officials got in trouble for asking this type of question. so you know, there is a great deal of frustration as been expressed to me within the fbi about the way trump talks not just about andy mccabe but two him. there is also a sense in the fbi this is how trump thinks of mccabe. he is always going to have an issue with him. >> and mccabe has been the focus of a number of president trump's

tweet. >> right. we did a story back in december that mccabe was planning to retire in march. and immediately the president was tweeting sang grilly about mccabe. calls him a democrat and says he doesn't trust him. >> and mac kaccabe commented fo story? >> no. as much as this stuff is swirling around him and at him, he has tried to keep a fairly low profile. >> appreciate the reporting. thanks very much. from "the washington post." with me now is john dean, and phillip mudd. talks about his wife's political

believes and history and what do you make of that? >> this is painful and let me confess up front. i know andy mccabe personally. i joined in 1985. and then president bush the son, and then president obama. i served under all of them. what are you supposed to do every time we change president? i didn't vote for you? i served in the bush white house. he was the president elected by the american people. you serve him hopefully loyally. i was nominated by president obama in 2009. i would have served him loyally had i gotten that job. the position you take is i can vote for anybody i want after hours but 9:00 to 5:00 on the job, you serve him. we voted private and we serve

anybody the american people elect. that's it. >> phil, have you ever been asked by president or you know, an elected visual who you voted for? >> no. and i served under mueller. i can't remember having a conversation at the table that involved politics. 2,000 plus conversations. the issue you have when you are at the fbi or cia, first you have to execute the law. at the cia your question is what did the president direct us to do overseas. it doesn't matter who you vote for and it shouldn't matter if you have in my case 25 years in government you are going to serve both democrats and republicans. your responsibility is to serve them loyally. >> john, does it occur to you

that the president understand the firewall. the loyalty the suspicion those were hallmarks of watergate too. >> nixon was all over the fbi and the justice department. and that was a part of his impeachment proceedings. the tapes of him talking to henry pederson, the head of the criminal division. conversations with the acting director. these were to be forbidden activity in the future. i don't think trump has a clue that these norms exists and if he consists these activities, the next time democrats get control they are going to stop this behavior. >> who they voted for, if he

asked you that, would you feel obligated to answer? >> i wouldn't -- sorry, this is for asha. >> oh, it would be an incredibly uncomfortable question to answer because your vote is private. as phillip has said. and what strikes me about this conversation is that it is evocative of the loyalty test that the president allegedly gave comey in his private dinner conversation. he believes the person working there have to be politically on his side in order to do their job. and i think it actually supports the version that comey has of that conversation which you know he contests because he said essentially this is ground hog day. the same conversation in a different way with the new person who stepped into comey's

shoes. it is problematic in how he sees the roles of the fbi in his administration. >> it does feel like a loyalty test. >> it is. and if you look at where the president came from, you can understand that. do you support the trump enterprise business. do you want to support us in terms of growing the business whether it is golf clubs or wine. when you are dealing with federal officials who are required not only by law but by a sense of loyalty and government to serve who ever the american people elect. if the american people choose to elect donald trump, hillary clinton, bill clinton, george bush. you are responsible to say if you give us an order that doesn't violate the law that is ethical and moral, we will fill that order.

at some point after a year plus in, he should understand. it is not that complicated. >> perhaps within the coming weeks negotiations are underway according it the leaks. what does that tell you where this investigation is? we talked to preet bharara and jeffrey tubin earlier. >> that is correct. he is drawing near the end. and he has all of the basic information that he needs to he won't have to go back and try to get another interview. he knows what he wants to ask. trump doesn't know what he wants to ask. so it is also a difficult interview for trump and a troubling one. but it does signal that the investigation is coming to a head on this part of it. >> yeah. asha, i think the key phrase there is on this part of it. the fact that according again to

these leaks, that with the focus of this is going to be the flynn firing the comey firing. that points to possible obstruction of justice as opposed to collusion or conspiracy. >> right. so i would say two things. with the obstruction case, it is important to remember that the key piece of evidence that mueller needs to prove is corrupt intent on the part of the president in firing james comey. getting his testimony in his own words is important because you know, he is not a mind reader so he has to get something from trump that goes to that. i do think that the trump investigation is severable from the russian investigation. many of the other crimes that he may be looking at for example financial crimes, crimes

involving social media, you know, money doesn't lie. the money trail doesn't lie. he doesn't necessarily need trump's interview to necessarily build a case on those fronts. >> phil, do you think, do you agree with asha that there could be other prongs of this still even if the president is going to be interviewed in a couple of weeks. >> i agree. this is not about obstruction, it is not about russia. at this point in the investigation the mueller team has looked at financial records, e-mail, phone records. they interviewed dozens if not hundreds of witnesses. when you get into a conversation with jeff sessions and a president, you have a picture, a time line and that is the simplest way to think of this. a time line of what happened during the campaign and after. you go in and you know the answers already.

mr. president, what happened during the campaign, what happened after. why did flynn feel required to answer. you are trying to determine whether everything you learned is factual. >> thank you, everybody. more ahead. g. but some people still like cable. just like some people like pre-shaken sodas. having their seat kicked on an airplane. being rammed by a shopping cart. sitting in gum. and walking into a glass door. but for everyone else, there's directv. for #1 rated customer satisfaction over cable, switch to directv and get a $200 reward card. call 1.800.directv there'swhatever type ofhe end of eweekender you are,ton. don't let another weekend pass you by.

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two breaking news we are following. when they chatted, the president asked him who he voted for. also tonight we learned that

special counsel mueller wants to question president trump. joining me now is david axelrod and gloria borger. >> and particularly, under these circumstances, but under no circumstances should a president do that. you know, the irony of what's going on right now, is that the complaint about mccabe who by all measures apparently is a very highly regarded career fbi person is that he somehow is a political person because his wife ran for office. meanwhile the president is trying to reach into the fbi, the attorney general reportedly tried to have mccabe fire order the fbi director or strongly

suggested that he fire mccabe, the new director. if anybody is politicizing the fbi is the president and the supporters. that is a threat to the rule of law. a major deal here >> the idea that the president doesn't understand what the norms are, does that fly? >> no. it doesn't fly. it is also reminiscent of him asking comey whether he would be loyal to him. take the loyalty oath. and also why the president is suspicious of the so-called deep state. people who work in government may not all be republicans and may not all voted for him. for the president it is either you are on my team or you are off my team. the notion that somebody can be a career civil servant, be dedicated it justice. andrew mccabe is a long serving

public servant. the idea that politics could be put aside is sort of foreign i think to this president. and he doesn't understand the separation of powers. you know, these people work for the people of the united states. they are not donald trump's personal attorneys. >> whether it is jeff sessions or the fbi director or in this case the acting fbi director, to gloria's point, it does feel like the president believes this is his, you know, an extension of his own power and they are supposed to work for him. >> yes. there is no question he was furious at sessions for recusing himself which was entirely appropriate, the recusal was because he thought he should be there to protect him. always this reference to the

justice department as if it is an adjunct to him. he is also giving instruction to be the attorney general, instruction to the fbi through his tweet. this is wholly new ground and it does reflect his attitude which is the justice department, the fbi, the entire criminal -- the entire justice system of the country is an adjunct of his political operation. >> gloria, it does put a new light, the other breaking story tonight pressure on the fbi director to fire andrew mccabe. >> the president has been tweeting about andrew mccabe in the last six or seven months and suddenly you have this story about sessions telling the fbi director to fire him which shows you in an odd way that sessions may be listening to the president on this which is also

kind of frightening that ray apparently my reporting is today that he objected strenuously to this. and the decision was made to back off since mccabe is going to retire anyway. but you do have sessions listening to this presidential pressure going to the fbi director and say why don't you please do this. and that again, i believe is out of order. >> we should also point out that sessions participated in the firing of jim comey. he was part of that process which is undoubtedly one of the subjects he was talking to mueller about when the special counsel questioned him last week. >> puts pressure on ray showing himself to be independent not only from the president but as an example to everybody else in

the fbi and the justice department. >> exactly. he is under enormous pressure. i feel for him. apparently threatened to resign. it is difficult to maintain your oath, and do it with integrity and keep the loyalty of people who have also taken an oath if they believe that you are a political functionary. and ray understands that and is struggling to fulfill the role. >> the push back that he gave to sessions was probably very good for him internally at the department there, at the fbi where morale was so low. >> thanks very much. new move by chuck schumer in the battle of immigration. reaction from the former

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breaking news tonight in the ongoing immigration debate. chuck schumer is saying his offer last week is now off the table. that offer was part of the back and forth.

schum schumer now d.r.e.a.m.ers postponed. here with me to discuss all of this is former president of mexico vicente fox. he has a new book. let's move and false profits. you said president trump is never going to build that border wall. do you think he will? >> well it depends on american people and taxpayers. because the money is going to come from there. >> mexico is not going to pay for it? >> absolutely not. no way would mexico pay. the actual president the same thing. and the three candidates running for the june election for president same thing. so no way mexico will pay for the wall. now, it can be built if

taxpayers in the united states want to afford for that, want to pay for that. i think for taxpayers it would be much more convenient to invest in universities in schools in hospitals in creating jobs and many other good alternatives >> the number of people crossing illegally into the united states is at a 46 year low. shouldn't president trump deserve credit for that is. >> no. it is a trend started two or three years ago from mexico. maybe central america is reacting to trump's problem. migrants are very rise. they know where to go and where they are coming in for. making money is what they need. >> you don't think the tough rhetoric from the president about cracking down, about sending people back that has had an impact. >> no that sh tick don't work

anymore. you have to work on a program like we developed with the bush administration. the thing is economic. when you can make ten times what you are making by jumping a wall or learning how to swim, you take advantage of that opportunity. that gap has not worked from ten to one. from five to one. we will go on a one-to-one like canada and the united states. we will forget about this problem. >> you have had strong words tough words against the president, have you changed your view of him at all? >> not at all. i am deeply offended as well as mexicans.

we need apology from him. every day he comes back with a wall and mexico is going to pay for it. he has to change. he is the president of the united states. a president has to behave like a president. >> interesting his chief of staff john kelly in a meeting -- well, during the campaign, some of his rhetoric was uninformed. does it surprise you that kelly would say that? >> it surprises because for the first time he might be taking his own position and trying to advise trump that he has to change but he has to show presidential capacities. and i'm sure more and more people in the white house, more and more people on his team are ashamed of his behavior. they don't know what to do. and the best thing to do is to tell him face to face like we do in business.

you're wrong, why don't you change. >> obviously the comments he made about countries in africa and haiti, using the language he did, do you think those are racist comments? >> absolutely yes. he cannot change. it comes in his own self being. absolutely racist what he has said about mexico and mexicans same thing. you cannot generalize a race or a color or a nation. it is like that. individuals, i know there are criminals some of them are criminals and they have to be caught by justice in the united states. but saying that all mexicans or that mexicans are that way is incredibly stupid. >> in your new grobooks -- what

you mean by the united states will soon be on fire? >> things are getting worse and worse here. the more divide. >> the economy is certainly doing well. >> yes, yes. but this wait and see. because when you decrease taxes, the result you see it on the long-term. >> you are talking about divisions within the united states are getting worse. >> this division, this divide that the united states is not taking positions decisions and coming up with public policies. i don't understand why congress submit and it has to bring trump something that he likes. i mean congress are totally independent and autonomous. they can decide. i don't understand why they have to please trump. that is a big mistake to me and weakeni weakening democracy. >> thank you very much. news that first lady melania is

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first lady melania trump will not be accompanying her husband to the annual world economic forum in davos switzerland tomorrow. the white house saying she would attend, the change comes amid reporting the alleged hush money her husband paid to stormy daniels before the election. mrs. trump had made a public statement of any kind since january 12th, which is the day "the wall street journal" first reported $130,000 payment to the porn star which was allegedly made during the 2016 election campaign. common cause argues in an official complaint the money amounts to a violation of campaign finance laws. cnn's kate bennett joins me now

from washington with more. what are you hearing from the white house about the first lady's change in plans? >> reporter: this is interesting, anderson. i was originally told she was going to davos on the 15th, which was actually after the stormy daniels story broke. but in the past several days, something has changed. they cited logistical and scheduling issues with the trip and pulled out last night, saying she would no longer go. she had initially -- i was told she was going to go support her husband and watch him give his speech there at davos and perhaps do some things on her own, but scheduling and logistics have prevented it. however, you know, the silence about what's been going on in the headlines leads people to draw their own conclusions perhaps about what's happening behind closed doors. >> yesterday was actually the president and the first lady's wedding anniversary, correct? >> that's correct, their 13th wedding anniversary although you wouldn't know it. there was no sign of it on social media. we're used to maybe the obamas or even the bushes saying back and forth to each happy anniversary. there was nothing, no sign. i even called the white house and said was there a special

dinner. did anyone go out? did they celebrate? did not hear back from them. it's interesting, though. this is, again, a first lady that has used social media. as we remember on saturday, the one-year anniversary of her husband's inauguration, she did tweet marking that occasion, but she did not use a photograph of herself with her husband. in fact, he was nowhere to be mentioned in this tweet, talking about her year of wonderful moments. nowhere did donald trump get a mention. and sort of this sort of faceless, if you will, military escort, i think it speaks to perhaps some loneliness or some isolation. again, it's reading the tea leaves with her. she's one of the most mysterious and private first ladies of modern history, and i think though she's getting high marks for subliminal messaging, what she's not saying is perhaps more interesting than what she would be saying. >> kate bennett, appreciate the reporting. up next, deadly shooting at a kentucky high school. two students dead. dozens others are wounded. we'll get the latest on that.

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a heart breaking day in kentucky. two students are dead, 17 others are injured after a school shooting. it happened at marshall county high school as school was getting under way this morning. authorities say a 15-year-old student opened fire in a crowded

atrium as soon as he arrived at the school. he was arrested at the scene. investigators held a news conference tonight. cnn's nick valencia was there. what have you learned, nick? >> reporter: hey, there, anderson. a very somber news conference given just a short time ago by state and local officials here in this very small town of benton, kentucky. we know the 19 victims as a result of this shooting. 14 of them had gunshot wounds. five are still in the hospital tonight. local area hospitals battling for their lives. we also learned the identities of the two who were killed at the scene. 15-year-old preston cope is a male, 15-year-old bailey holt is the female victim who died at the scene here. very little information given so far about the shooter. we're still digging on that. >> what have you learned about the scene, what happened this morning? it sounds like as soon as he got there, he started. >> reporter: yeah, it was 7:57 when he entered this high school and started shooting according to police, in a common area. we know according to

eyewitnesses what they've been telling us all day it was a scene of utter chaos and panic. in some cases, hundreds of students running for their lives, jumping over fences, trying anything they could do to get away from the gunshots. i talked to a local business owner who told me he saw the shocked look on these students' faces and that when the students' parents showed up, it was even more panic. i talk about this being a small town. some of these first responders, anderson, they have kids that go to school here. in one case, one of the first troopers who responded to the scene thought that 15-year-old girl who died at the scene was his own daughter. this is a community, they say they don't worry about leaving their car keys while their cars are running. something so tragic happening here. >> did the shooter give himself up? was he, i mean, apprehended some way? >> reporter: according to the kentucky state police, he was apprehended without incident. we asked at the press conferences if there were any gunshots exchanged between officials and this shooter.

they didn't give us much details on that, only to say he is believed to have used a pistol in this. and one of the outstanding questions, of course, is whether or not he's going to be charged as an adult. we know he's facing murder charges but according to state police, they're still consulting with state lawyers here as to whether or not they're going to charge him as a juvenile or as an adult. >> he's 15 years old. any comments from his family? >> reporter: we haven't heard from his family just yet. just so far the community here just really rattled by this all. it is worth mentioning about 20 years ago in west paducah, 20 miles from here or so, there was another school shooting in 1997. a lot of residents have been talking about that, reminded of that tragedy unfortunately today. >> just to reiterate, in terms of the status of those who were injured or wounded? >> reporter: yeah. five of them still in critical condition. we tried to get an update about one of the victims. we understand that it was a special needs child, one of them that was shot earlier today. we tried to get a condition update on him, but the state

officials here said they just didn't really want to get into the specifics to differentiate one victim from the other. everyone here, they say tonight, is suffering. anderson in. >> unbelievable. nick valencia, appreciate it. thanks very much. that's it for us. thanks for watching 360. time to hand it over to congresswoman congresswoman for "cuomo prime time." thank you very much. there are two big breaking headlines in the russia investigation tonight. we're going to talk with a reporter at the center of the story. it is time to get after it, my friends. i'm chris cuomo. welcome to "prime time." a lot of developments in the russia investigation. there may be more news during the show. we will keep you informed. let's bring in the reporter who broke the news about mueller's effort to question the president. his name is josh dawsy, and he covers the white house for "the washington post." he's also a cnn political analyst. thank you very much. appreciate it. i want to talk to you about the headlines about what mueller wants. but you had another sco