i think of the job we do here. i always thought of thousand oaks as a place immune of this kind of place. now thousand oaks is like so many other communities struck with tragedy. >> jason, thank you so much. we pay tribute to ron helus tonight. and there is a lot of heartbreak tonight. our thoughts are with the victims and loved ones. hug your family tonight. "ac 360" starts now. good evening. a lot going on tonight. we have breaking news on the firing of attorney general jeff sessions and a lot to tell you about where the balance of power stands right now, two nights after the midterms, some possible recounts. but another community that is heart broken after another mass shooting in america. another gunman, another town. for some viewers tonight, it may be just like any other sickening story. but for the families and the friends of the 12 people killed in thousand oaks, california, this is not just another mass shooting. sit a nightmare, and an outrage

that's taken their loved ones and altered the path of their lives forever. we'll get to the latest on the investigation. a gunman opening fire at the borderline bar and grill in thousand oaks, and we will not say the shooter's name or show his picture. if he wanted to be remembered for this, he shouldn't get that satisfaction. it's been less than 24 hours, so we don't have all the names, but we want to tell you about the ones we know so far. cody kaufman was planning to join the army. he was the head umpire for a local baseball league and leaves behind his family and friends. we'll hear from his father and a friend that was with him at the bar. sergeant ron helus was a 29-year-old veteran of the ventura county sheriff's office, hoping to retire in the next year or so. he was among the first officers that went on the scene to stop the shooter.

he loved fishing with his son and always quick to respond to those in need. sergeant ron helus. elena housley was a freshman at pepperdine university. she wrote on facebook she hoped to get into a vocal music program and planned to major in english literature. she was involved in a charity group that donated soccer equipment. she was 18. dan manrik was a veteran of the morn corps. he was dedicated to serving others during his military career and beyond. he will remember. justin was a recent graduate of california lutheran university. he saved lives in the shooting. justin meek was 23. noelle sparks was a volunteer at church. one of her friends said she was genuinely karg, lly caring, a g dancer.

we're going to show you video from inside the bar, a witness posted this online. there's nothing visually graphic in the video, but you will hear the sound of some of the gunfire and get a steps of the confusion inside for patrons trying to figure out what was happening and how to escape. [ gunfire ] [ indiscernible screaming ]

>> here's nor on the investigation. >> reporter: this is the scene inside the borderline bar, just moments after a gunman opened fire. terrified patrons took cover, and escaped as soon as they had a chance. officers were on scene just two minutes after the first reports of the shooting, about 11:20. >> we're making entry. >> making entry. >> we have multiple people down, we need lots of ambulances. [ gunfire ] >> reporter: the man shooting was a 28-year-old gunman, armed with a .45 caliber glock hand gun. the bar was packed with a crowd of 100 young people who had come for college country night, many students from nearby pepperdine university. >> it appears he walked up to the scene, he shot the security guard that was standing outside. he stepped inside. >> we heard pop, pop, pop.

i saw him point to the back of the cash register, and he just kept firing. >> he shot the doorman first, and then he turned to the young cashi cashier, and he shot her. >> reporter: victims were carried out one by one and desperate live saving efforts took place in the parking lot. still, many remained inside. >> we tried to climb out of a quinn doe to get out. >> we're still missing two people. they were in the bar, and we haven't heard anything. we can't find them. >> reporter: ventura county sheriff deputy ron helus was among the first officers to enter the bar. he was shot several times and would not survive. for 15 minutes, first responders frantically pulled victims away from the club. inside, the gunfire had stopped. parents began rushing to the club, searching for their children. >> i am in the dark right now,

and it's tearing me up. >> reporter: like jason coffman, who later found out his son cody was among the victims. >> oh, god, this is -- oh, son, i love you so much. oh, heavenly father, just please -- >> the father of cody coffman. you've been at the gunman's home. i know the fbi has been all day, as well as police. what is the latest on what they're trying to piece together? >> reporter: the fbi is trying to figure out motive and frame of mind of this young man, they have been at this house, the house that he lived at with his mother. it's not that far away from the shooting scene. and we've watched them pull things out of the house. what they're trying to figure out is why he would have done this. the shooter's mother had been talking with people in the

neighborhood. neighbors said she was worried about her son that he might hurt himself, that she wanted him to get help but he refused. this is a man that was in the marine corps, he served for five years. when he left, he went to college in the area. he did not graduate. he's someone that did have contact with the police. the police were called here earlier this year in april because of a domestic disturbance. there weremental health professionals when police arrived here. they did clear him. >> thank you very much. you saw jason coffman's whose worse fears were confirmed when he found out his son, cody, was killed today. this is more of what he said. >> ever since my son was 3 years old, i coached him all the way up to high school baseball, i was the coach. i did this, i did that. he was my fishing buddy. we fished all the time, and that poor boy would come with me,

whether he liked it or not, fishing on that boat. that is the stuff i'm going to miss. i talked to him last night before he headed out the door. the first thing i said is please, don't drink and drive. the last thing i said is son, i love you. that was the last thing i said. >> earlier, i spoke with cody's friend, sarah, who says cody saved her life last night. sarah, i'm so sorry for all that you're going through right now. can you just walk us through what happened? when did you realize something was going wrong? >> well, i was just there for my friend's 21st birthday. umm, we frequent borderline a lot, and i -- i was with my friend, who we've lost.

>> cody? >> yes. i heard the gunshots, i remember looking over kind of to see like what happened. i turned, i was near, kind of facing towards the entrance, and i saw the shooter with his gun drawn. the person at the register, i don't -- my friend, cody, yelled gary tuchman g "get down," and i fell down and tucked myself in his back. when i -- i was on the floor, i looked back and i see a smoke bomb going off. i just felt like a bunch of -- i saw a bunch of sparks and smoke everywhere. i think it was cody who

yelled -- or said, it's a smoke bomb, and i and he got up and honestly, he's such a hero. he stood up and he said to us, get out. and i don't remember in this blur, but i ran for my life. i got out by the grace of god, i got out through the front entrance, where i had seen the shooter. i guess he had gone to the other side of the building, and so he was inside, and i ran out and ran down some stairs. i face planted in the parking lot, and i was laying there like, is he behind me? i'm gone. and i got up, and i kept running, but i heard -- when i was inside, i was there for --

at first around the gunshots, and it's traumatizing. i was able to get to a gas station, and i heard the second round of fire. and i unfortunately found out this morning that my friend, cody, had -- didn't make it out. >> i'm so sorry. tell us about cody. what was he like? >> cody was amazing. what me and cody had was -- something between me and him that i'll never forget. he was -- even though we were in each other's life for a very

long time, we clicked automatically, and i have so much love for him. he's one of the reasons i'm here right now. >> because he had the presence of mind to say "get out" and to tell you what was going on. >> yes. i didn't know what to do, and i just followed him. i dropped down, and i hid with him, and i know he -- he was put in my life for a reason. and he will always be my hero. and now he's my angel, my guardian angel. i'm going to live my life for the both of us, because he was an amazing man, and he deserved to have his legacy live on. he did not deserve to die.

>> sara, obviously you see this kind of thing in the news, you've seen it happening in the past to be there and to lose, you know, a friend like cody is a completely different thing. did you ever imagine something like this happening? >> i would never have, in my entire life, imagined this happening to me. and it's so real. you hear about it, but you never think that you're going to be the one in that position, and you think what am i going to do if that happens to me? and honestly, i didn't have time to think, and that was another thing, i'm grateful that i have, you know, god on my side to help me out, because this was something that you could never prepare yourself for, and i

think like going out with your friends, you don't expect this to happen. so i guess it's taught me that life is precious, and it's short, and i'm going to make sure i'm aware of my surroundings from now on and live my life to the fullest, because this is absolutely awful. >> sara, i'm remarkable young man. we'll have more on the shooting later in the program and hear from another survivor. and other news to get to, the latest on the fallout from the president firing attorney general jeff sessions. we'll hear from the author of a new op-ed who says the appointment of matt whitaker is unconstitutional and breaking news also about the reaction to matt whitaker within the white house. later, two days after the

midterms, there are some races still in flux. two in florida that could be heading for a recount. one in arizona where the democrat is now in the lead. snu new

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attorney general. cnn's senior white house correspondent pamela brown joins us now. so what surprised the white house about the reaction to whitaker? >> reporter: it's the negative reaction to matt whitaker being appointed acting attorney general. this is according to my sources who say they're sort of caught off guard by some of the coverage and the fact that he had made these comments publicly on cnn, as well as op-eds where he called the mueller probe ridiculous, and suggested it could be a fishing expedition, suggested that mueller was overstepping his bounds. some officials are saying that they didn't know he had made these comments, which is ironic, because it was so kinds of comments where matt whitaker was saying that he was critical of the mueller probe that caught the attention of donald trump. that's exactly what donald trump liked. we know, anderson, that those close to whitaker are telling us that they do not believe he will

recuse himself, despite the fact that he's been publicly critical of the probe. >> it seems there's no way he would recuse himself since he's just been appointed by a president whose main criticism of jeff session is that jeff sessions recused himself. could the appointment be in jeopardy? >> reporter: there is concern within the white house, partly because of the negative coverage. as you know, anderson, the president is sensitive to negative coverage, and he doesn't like it when someone he appoints garners negative attention. so in this case, there is concern that because of that, that potentially it could be jeopardized. but, again, he's only in an acting role. at this point, he hasn't been nominated by the president to become the permanent attorney general. and so it's still in the early stages, but there is concern tonight over the appointment and the reaction to it. >> pamela brown, thank you very much. my next guest has written an

op-ed, writing that the appointment of matt whitaker is unconstitutional. neil, can you believe why you believe his appointment is unconstitutional? >> yeah, i mean, the constitution says in it that the senate is to confirm principled department heads like the attorney general. and whitaker is effectively a constitutional nobody. he's not someone the senate has confirmed, and the whole idea behind our constitution is to prevent the president from just reaching into the bowels of the justice department and picking some lackey who is his friend to do his bidding. there's a reason why we have senate confirmation. it's flatly unconstitutional. >> you pointed out this is not some lower level position. this is a position that is

vested with law enforcement authority of the entire united states government. >> exactly. so the attorney general supervises all the prosecutors who are senate confirmed, 94 prosecutors supervises a deputy attorney general, the solicitor general. he literally puts people to death. he seeks that power. it is the most awesomest of powers, and the idea that the president could install his own lacquers is something that the founders would have rebelled against. justice thomas wrote an opinion about this three years ago, saying the whole idea the founders had was a president could become tyrannical or become corrupt. and the whole idea of a cabinet, and to have senate confirmation is to prevent and have an independent check on that kind of abuse. this is literally playing out before our eyes right now. >> we don't know if the president had a conversation with whitaker about whether or not whitaker would try to recuse himself from the mueller investigation. it seems hard to believe that the president would be putting

somebody in who he knew or thought was going to recuse himself. >> i mean, even donald trump is probably not that stupid to have that conversation. i mean, really, the president doesn't need to have that conversation. whitaker has told us, he said it on this network and other networks, what his views are. and so the idea that, you know, there needed to be a conversation, i don't think so, but boy, it sure seems compromised. both from an ethics perspective and constitutional perspective, this is a really troubling thing, the idea that the president can just install his lackey in. >> how does this play out then? the president has made his choice. is there a legal challenge that could be mounted or might be mounted against the president over this, and if so, who would do that? >> there is. so i think there's three things that happened. number one, what you're starting to see today is the people rising up, saying what in the world is going on? we have a constitution. it's supposed to govern us.

you can't just do an end run around it and impose your own person. number two, even before the lawsuit, i think we have to think about the election on tuesday and the house democrats being in control of a branch of government and the house can simply say, you know, this is a fake attorney general. this is not someone we will fund the justice department with, as its head. they'll cut funding, they may say we'll only fund mueller and not fund anything else until you get a real attorney general. so that's the second thing. the third thing, absolutely i expect lawsuit after lawsuit. every single day, i served in the justice department, there are thousands of lawsuits. i have thousands of cases across the country in which the attorney general is the principaled it will gadget. yesterday i argued a case in philadelphia called the city of philadelphia versus sessions. by the time we walked out, we don't know what the case was called because sessions resigned and we don't knoll who the new

attorney general is. this isn't the way to run a country. >> you've written this with john conway. he's not only a prominent republican and prominent attorney, he's husband to kellyanne conway. has that come up? i mean, it's obviously an odd dynamic for outsiders. >> i'll let him speak for himself. i think mr. conway and i both have come to this with really just the simple idea that the constitution is a bipartisan document, and you have a president who, last week it was birthright citizenship. we talked about that. this week, it's this. he's content to set fire to the constitution, and a world in which there's so much cynicism, i think that constitution is the one thing that really does keep us together. there's a view that trump has, which is it's just a political document. it's just a document for the strong. and what we're trying to do is say, that's not the america that our founders gave us. they gave us this chartering

document with certain ideals, and it really is something that has to be adhered to. >> it is interesting, because that is the kind of thing one used to hear from republicans all the time about adherence to the constitution. and, you know, it's just a change in the last few years is significant. >> yeah, mr. conway is a dying breed of republicans i feel like. i grew up in the school, i went to law school in the '90s where it was conservatives who often stood up for the rule of law and principles like that. you know, i do think there's a huge appetite in this country for that among republicans and democrats. but some of those voices are being drowned out by the powerful. one of the things i think we all have to do is think about how do we come back to our roots and what our constitution is about and defend it. sometimes we'll get liberal results, sometimes we'll get conservative results, but that's the constitution we live under. >> neal, thank you very much. early, i spoke with senator mark

warner. senator, are there constitutional issues with the president appointing someone acting attorney general who has not gone through senate confirmation? does it violate the appointments clause of the constitution? >> well, i'm not a legal scholar, but it's clear that this president is trying to make sure the mueller investigation doesn't get all its final product out. we've not seen the results of what mr. manafort or the president's lawyer, michael cohen, or the president's chief financial officer of his business, all folks who started working with the government started in august, and the president could have avoided even any of these questions if he had simply appointed the deputy attorney general, rod rosenstein, to be in this temporary position. instetd, instead, he picked this individual, mr. whitaker, who i can see he's a big-time trump loyalist. i will weigh in on this, that i

think he has a clear conflict of interest in terms of overseeing any part of the mueller investigation. >> cnn is reporting that whitaker has no intention of recusing himself and even the department of ethics office at the doj recommends that whitaker recuse himself. that's just a recommendation. there's no authority there. >> i've been waiting to hear from the ethics department of the department of justice. they weighed in and told whitaker to recuse himself, which is what i would expect. and he chooses not to, that raises more to your first point of why did trump appoint him in the first place other than the fact that he's a loyalist. i think our only recourse is to go forward with the bipartisan legislation that's already out there and already through the judiciary committee, that would these protect the special prosecutor. every one of my republican colleagues has said that they think firing mueller would be a

mistake. i think lindsey graham said trump would commit political suicide. i spo i hope they stick to their guns. my fear is whitaker might not fire mueller, but could so impede in terms of cutting back funding, cutting back his ability to work with the fbi, or cutting back the ability for mueller to issue further indictments. >> cnn has been reporting that florida attorney general pam bondy, and the former government of new jersey chris christie are being considered to replace session as attorney general. would you and your fellow democrats be open to either of them? >> listen, they both have interesting backgrounds. particularly the attorney general in florida, who i've never met, has had a great deal of controversy about her. my hope would be that the president, if he wants to show any level of good faith, would try to appoint someone that is not so far out of the main

stream, that he or she would have no problem being approved. >> as long as republicans in the senate are supportive of whoever the president picks, that pick would pass, no? >> well, again, that goes -- i think technically, you're right. the question that i would ask my republican colleagues would be to stick to their word, and i've been with a lot of them over the last year. i raised this issue as a constitutional red line a year ago about mueller. they've all, on private and publicly reassured me that they think mueller will be able to finish his job, and my hope would be that those members would stick to what they've said in the past and say that they would not vote for any attorney general nominee of this president that wouldn't allow mueller to finish his investigation. am my hope is that mueller is getting relatively close to completion. and boy, oh boy, there's a lot of information that i believe must be coming out of mr. manafort, michael cohen, the cfo

of trump enterprises. a number of others who have been working with the government for some time. you know, we in congress need to see what mueller discovered. frankly, the public deserves to know, as well. >> senator warner, thank you. >> thank you, anderson. up next, we want to tell you more about mr. whitaker and perhaps another reason why there's a sense of surprise and concern being reported inside the west wing over the negative reaction. we'll look at hils ties shut don last year because it was running a scam. hey, debbie! what's the latest? i'm excited about sprint's new unlimited military plan. it gives veterans, active duty, and reserves 50% off family lines! wow! i can't wait to tell all my friends! and for each new account that gets activated, we'll make a donation to fisher house foundation. excuse me. did you say veterans can get this plan? yes, sir. what about guard and reserves? absolutely. (vo) how about special ops? (avo) this veteran's day, sprint salutes our military with

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back to our breaking news. white house officials say there's a growing sense of concern over the negative reaction to matt whitaker's new job. tonight, we have been reporting on the work he did before joining the trump administration and after serving as a u.s. attorney in iowa, is also under scrutiny. he was an advisory board member of a company the federal trade commission shut down because it says it was running a scam. our correspondent drew griffin has the details. >> a simple design, but a unique design. >> reporter: this is matt whitaker before he became acting attorney general of the united states. describing an invention for a company called world patent marketing. whitaker was a paid member of the company's advisory board. the company was supposed to help budding inventors get patents and charged about $1600 just to start. they got plenty of clients to pay up. in fact, the company collected

$26 million, a lot of money. with, it turns out, little or no return at all. it was a scam, according to the federal trade commission. one that bilked thousands of consumers out of millions of dollars. which is why the ftc shut it down and slapped it with a $26 million judgment. according to this ftc press release, many customers ended up in debt or lost their life savings with nothing to show for it. >> we can help lots of people that have mobility issues get in and use their hot tub. >> reporter: and it turns out matt whitaker not only helped promote the company in videos like these, but used his legal background as a former u.s. district attorney to muscle complaining customers. court documents show e-mails from dozens of unhappy inventors, and the company answered those complaints with threats and intimidation. at one point, whitaker sent a

threatening e-mail to a disgruntled customer, which he accuses the customer of blackmail or extortion, because that customer said he was filing a complaint with the better business bureau. i am a former united states attorney for the southern district of iowa, whitaker writes. i am assuming you understand that there could be sere civil and criminal consequences for you if the customer filed a complaint. whitaker was paid, according to these documents, nearly $10,000 for his services and due to be paid about $7,000 more. in the end, the company settled with the ftc and the owner was ordered to pay nearly $1 million. whitaker just walked away from the whole thing, and into the bright new future in the trump administration's department of justice. >> drew, so being involved in a company the ftc called a scam would be a red flag i would think for any new potential

hire, doubly so for somebody to be acting attorney general of the united states. >> reporter: this is the kind of company that attorneys at the attorney general's office would go after, not recruit from. but this is a different administration. the president himself, with his real estate company, his online school, which was labelled a scam, maybe he has no problems hiring this acting attorney general, accused of ripping off consumers. >> has there been any comment from whitaker about this? >> reporter: we tried to reach him through the justice department where he works, and we were given a no comment for the story. >> drew griffin, thank you very much. time to check in with chris to see what he's working on. there's going to be plenty more discussion about the man, his credentials, and whether or not this was done in constitutional fashion, if nancy pelosi has anything to say about it. as we know, the democratic leader is at the center of the main political questions on the

table right know. and we have a far-reaching interview with her tonight, my friend, where she gives answers to many of those questions, including what you were just dealing with on the show. and also, the big political question about whether or not she can be speaker. you'll hear her give an answer tonight that i never heard her give before. she talks about her ability to deal with the president, what matters. we talk about the california shooting, and the frustration of the inaction. a lot here for people tonight. >> fascinating stuff. election results are also still coming in, in florida and arizona, now the democrat in lead. we'll see you then, chris. up next, breaking news. two key races, likely getting recounts. and who has the edge now in a tight race in arizona as the votes are still being counted. and an update on ruth bader ginsburg who was hospitalized after breaking three ribs after a fall in her office. what do yor when you trade? i want free access to research. yep, td ameritrade's got that. free access to every platform.

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it's a busy night. we have breaking news. florida governor rick scott announced lawsuits over the vote counts in broward and palm beach counties alleging fraud. he's asked law enforcement to look into it. scott is obviously the gop candidate in that senate race with his democratic contender bill nelson closing the gap.

gloria borger joins us with more. so what is going on in florida? how many times has that question been asked? >> i don't know. i remember charges of fraud in broward and palm beach county, and that is what governor scott is alleging tonight, so he's filing a lawsuit. he says they're not being allowed to watch the recount. he has -- or the count. he has seen his margin decrease and decrease and decrease, and he believes it's because so-called liberals are discovering suddenly more ballots in those counties, and they're counting them, and it's not working for him. so he's decided to stop it and say i've got to sue, because you guys are doing something nefarious here. >> and in arizona, that's no more clear either. >> that is not clear. sinema has pulled ahead of mcsally tonight by 2,000 votes.

there's still 500,000 more to be counted. so we'll see how that goes. but in florida -- >> up to 9,000. >> but in florida, anderson, this now could continue for a very long time. and i want to add that you have mayor gillum and desantis locked also in a race here for governor. and you know, you need 0.5% margin, less than a 0.5% margin for an automatic recount. so these things will change a little bit. but hearing scott tonight, he's just not going to sit still, and bill nelson, his democratic opponent, said it's a move of desperation, because he's going to lose. but if you're a voter in florida, you're scratching your head saying, haven't we fixed this? why does this keep happening? it's outrageous but it keeps happening. and he's blaming the people in charge of the ballot counting in these democratic places.

but we don't know why it really keeps happening. >> and then georgia, brian kemp resigned as secretary of state today, but votes are still being counted. >> right. and there was a lot of controversy, as you know, during the campaign, that he should. have been able to ratify his own victory as secretary of state, or loss. he resigned today and said okay, i have 50% of the vote, i'm going to win. but that's not entirely clear right now. stacey abrams is challenging this. so this could go to a runoff. and so he's out of that job, he doesn't have the other one yet. >> gloria, thank you very much. supreme court justice ruth bader ginsburg, who is 85, suffered three broken ribs in a fall at her office last night. she fractured ribs before and have gone through two bouts of cancer. in 2014, she had a stint placed in her coronary artery. she's well known for her work out, and has been on the bench

every day this term, including yesterday. that's her working out with stephen colbert. i don't think they're regular workout partners. but who better to discuss than with cnn legal analyst jeffrey toobin. this was huge news when it broke. >> she's a historic figure in all of american law, even if she hadn't been on the supreme court, she's the premiere women's rights lawyer basically of the century, if not all-time. >> at a time when few women were given the chance. >> absolutely. so many of the rights that we now take for granted, the equal rights that women have many the workplace, in terms of marriage, are due to the cases that she brought. in 1993, she was appointed to the supreme court. she is one of the four liberals on the supreme court with elena kagan, sonia sotomayor and stephen briar. if she left and gave donald trump another appointment, it

would be six republicans, and the republican advantage, which is already in tact with the confirmation of brett kavanaugh, would be expanded. so it's enormously significant. >> she made it clear she has no intention, prior to this accident, she has no intention of stepping down any time soon. >> she is about five feet tall. i would be surprised if she weighs 100 pounds. you went through the medical ailments she's had. the only thing i can add to that is this woman is as tough as any nfl line backer i've ever encountered. this woman is ferocious and determined to stay on the court so donald trump doesn't appoint her successor. however, 85 is not the new anything. you know? i mean, she's very old. >> 85 is 85. >> broken ribs are not necessarily, you know, a sign of, you know, a major life threatening disease. but it's a big deal, and we're going to have to see if she rallies back.

she has been, as you pointed out, on the bench. she wrote the court's first opinion of this term. she's always very fast in terms of her opinion writing. vigorous participant in oral arguments. but she's old. >> jeffrey toobin, thank you very much. coming up, more on last night's deadly mass las vegas last year. i'll speak with one woman who was at both events. at t-mobile, forty bucks gets you an unlimited plan and a new samsung galaxy s9 included for every line. this is what you get with your $40 plan at verizon. recap! with t-mobile, you get this: four lines four phones for forty bucks.

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thousand oaks, california is heart broken after 12 people were killed in a shooting at a bar. i spoke with one of the survivors just before air. todd, i'm so glad you were okay. i heard you knew the shooter. you went to high school together. at what point did you learn that he was the one involved?

>> i learned in the afternoon -- i went to sleep really late because i had so much of adrenaline. i woke up later in the afternoon and got a lot of messages on facebook. i lost my phone at the house i took people too after i left border line. they said it was my friend that high school that joined in marines with my other friend. i saw him a year and a half ago when he was going to school for a physical therapy degree. then i hear his name today and i'm just in disbelief because, you know, he killed my friends. he was my friend too. he had some anger issues through the years that i seen him, but nothing that i would imagine he would do something like this. >> did you see him at the bar that night?

were you close enough to actually see him? >> i didn't get a full visual on him. what happened was i was on the other side of the bar. he comes into the front door and just starts popliping shots off. everyone froze for like five or ten seconds. the music was so loud. we didn't know if it was something with the speaker because we weren't right up at him. we just sit there and we hear pop, pop, pop. everyone realized it was a shooter. i saw the muzzle flash by the front door. everybody just takes off in different directions and i went out the back door with another group of people. that's what happened. >> did all your friends make it out safely? >> no. the group i was with immediately made it out.

a lot of the people that i knew working there that were friends of mine were shot and killed as he came in and he, you know, started firing off at the security guards and the front desk girl i knew. others i'm still learning the names of. most of us got a way. i had some off duty cops that were friends of mine. some people took bar stools and threw it through the window so they could escape. that's what happened with that. >> it's got to be such a bizarre -- i don't know how to describe it. i mean, to know this person, to have been friends with this person at one point and to know that this person could have killed you and killed people you knew, it's -- what is -- how do you deal with this? >> i mean, the thing is it's

just reality right now and i just have to process it the best i can. the person i knew was a trained marine that knew how to use firearms and i don't think anybody was going to be able to stop him. he hid behind the front desk and was firing rounds behind cover. he served in afghanistan. he was a well-trained marine. he was a big dude. he was like 6'2", 6'3", 210, something like that. he -- it's one of those situations where you want to stop the shooter, but you're far enough away and you can't do anything so you try to save as many people as you can and make sure everybody is okay as much as possible. it's just a matter of chance that, you know, people that were in the line of fire that got

shot. the ones that weren't weren't. >> todd, i'm glad you're safe. i am so sorry for the loss of your friends. i wish you strength in the days ahead. >> thank you. i appreciate it. >> we're still learning about survivors and learning about those who lost their lives. we'll have more on them tomorrow. the tragedy in california was something a lot of fewviewers wanted to know about. on facebook you can vote on some of the stories we cover. it airs at 6:25 p.m. at facebook.com. there's a lot of news ahead. i'll hand things over to chris cuomo. chris, you have a news story with nancy pelosi. >> yes, sir. nancy pelosi the democratic leader is smack in the middle of

every political question right now. she'll give you the answers to those. will congress take up mass shootings, the real deal about real deals to be made with trump? how much will the congress go after the president's taxes? she takes on sessions' firing and the appointment of matthew whitaker. and the biggest question is can she face down any head winds and take on that speaker's gavel. it's time to test my friends. let's get after it. january 3rd, that's the big day. it's one the 116th congress will convene. democrats will be in control of the house for the first time in eight years. nancy pelosi is the