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amazon prime video so when you say words like... show me best of prime video into this... you'll see awesome stuff like this. discover prime originals like the emmy-winning the marvelous mrs. maisel... tom clancy's jack ryan... and the man in the high castle. all in the same place as your live tv. its all included with your amazon prime membership. that's how xfinity makes tv... simple. easy. awesome. >> after weeks of refusing to make a move on his own, mitch mcconnell is preparing to end

funding for the wall. so mitch mcconnell is likely going to introduce legislation to end the shutdown tomorrow, is that right? >> that's exactly right. it will largely mirror what the president announced on saturday. the key proponents being $5.7 billion for the border wall. temporary protection for daca recipients. what is most interesting about this is it actually goes broader than that. it's a full spending package. it's a number of elements that republicans want to try to use to pressure democrats. the key issue, anderson, is republicans control 53 seats in the senate. to move this bill forward, they're going to need 60 votes in favor of it. democrats are opposed to it. so as it currently stands, even though it will be introduced tomorrow and it will be at least according to the white house, a

trade off of sorts, democrats are saying no, which means it, is likely to field. >> mcconnell said he wouldn't bring anything to a vote until they came to a deal. what's changed? >> it's a clear shift. at least according to republicans, this all goes back to nancy pelosi's decision to tell the president he needed to find a new date for the state of the union. at that moment the majority leader recognized democrats wes weren't going to move. when that started and administration officials started talking about their own proposal. the one jared kushner and mike pence brought to capitol hill, mcconnell decided something needed to change. something needed to jar something loose. now the proposal was the trade off you heard the president talk about. mcconnell added a few other items as well. it's a full spending package that was agreed upon and negotiated by house and senate democrats and republicans and

disaster aid and extension of the violence against women act. he recognizes the votes aren't going to be in his favor, he's going to try to ramp up pressure on the dem t kocrats. so the hope from mcconnell's side of things right now is this at least gets them to the table or forces their members to tell them it's time to negotiate. >> the democrats rejected the plan before he announced it. when was the last time they actually put a deal on the table? >> there's two things that are important to know. house democrats will tell you we have been putting proposal after proposal and voting and passin on proposal after proposal to reopen the government the last several weeks, but democrats made clear they need to reopen the government before they have any discussions and negotiations about border security. once it's reopen they're happy to have the discussion. the reason why is its more of a long game. if they give in on policy issues right now, if the president gets something out of the shutdown, he's more likely to use this strategy or tactics in the

future, say on a debt ceiling increase later in the year or when the government runs out of funding at the end of september. they're trying to dissuade him of the notion that he can never do this again. they're not willing to have the policy discussion. the question now is how tenable this is. 800,000 federal workers will miss their second paycheck on friday while republicans are largely being blamed for this, the president in particular in public polling, democrats have con stitstituents that are fore workers. is it a sustainable position? democratic leaders say yes, they think republicans will break but as this continues on it will be interesting to see especially now that they have a proposal and they'll be voting on it later this week. >> thank you very much. appreciate it. let's get added perspective on this. former obama white house communications director.

the fact that mitch mcconnell is planning to introduce the proposal as part of the broader package tomorrow, is that at least a step in the right direction. >> well, i would just say he's laid down a marker. everybody knows that this proposal will not pass the senate. so if i were the democrats, i would throw 1 to $2 billion on the table now and give a permanent solution to daca and tps as a counter measure. i understand the thinking here. the shutdowns usually end with a clean funding bill. so this whole exercise will have been pointless. there's going to be posturing but i don't think they'll make many concessions on policies as long as the government is shutdown. >> what do you think? even if this doesn't pass, does it put pressure on democrats to come up with a counter offer? >> look, as was just outlined in the report, the democrats passed several bills that they sent to mitch mcconnell that he refused to bring to the floor.

so their argument is let's get the government open. we have 800,000 federal workers that aren't getting paychecks. we're seeing the impacts on tsa and let's have a discussion. they are not against border security. they just have different views on how it should be funded and how it should be approached and they certainly want to help dreamers. so there's a lot of incentive for them to actually do that but they want to open the government first and as charlie dent just said and i lived through a number of shutdowns myself, they often end in a clean bill that goes through and then they can take the issues forward. so the pressure is going to be on a lot of the republicans, including mitch mcconnell that's been largely absent from the debate to have a clean vote and move forward to this negotiation after. whether or not president trump allowed for that, it's a big question. >> do you think we have seen the great deal maker? the president, you know, believes himself to be? >> well i think he's offering a good deal. and i think it's getting some

traction. one of the things that senator mcconnell had said repeatedly is that he would only put something on the floor that the president would sign. so this, we have an opportunity. beyond this, though, yes, i think he is a very good negotiator, but the problem with what jen has said and frankly the congressman has said is i think the president would enter into good faith negotiations but you have the speaker saying she's not going to appropriate one dollar for the wall. that's one component. so i think that's the nonstarter. and i'm not just saying this as a talking point or republican point of view is that you have someone that has said she is not going to appropriate one dollar. not that she's going to sit down and have a negotiation over the wall, but not appropriate $1. so i think it's more than a marker. it will be the beginning of a negotiation. mitch mcconnell is a savvy leader. he's been around for a long time, almost four decades in

washington, and i think what's going to happen here is he's going to allow a number of things and talk about border security that includes wall funding without calling it a wall. and we could appropriate $10 billion to be excited and recommendation and including partially a wall funding. and the president has advanced an agenda. >> the problem with what you were saying is if we were in a normal circumstance and we're not in a normal world where there was a republican president and republicans and democrats negotiating, there would be a back and forth and the issue if you're speaker pelosi, is this is not on the level. the president shutdown the

government border security is something that everybody wants to do. we're not business as usual here. >> i had to say very quickly, and i have a lot of respect for you, but i think there's a political equation. most of this show was dedicated to democratic candidates running for president in 2020. the democratic tune has changed from full border wall funding even a year, year and a half to now nothing for the wall because they want to use as if you just said to deny the president a centerpiece. not just a campaign promise, but a centerpiece of his presidential campaign in 2016. so the democratic politics of 2020. this isn't donald trump. donald trump wants to do what's right for the country in my opinion but the democratic party is already looking to the presidential election. >> do you agree with that? that basically democrats just do

not want to give him any wall because it is such a central tenant of his campaign? >> i think that's true of some or perhaps many democrats, but we have to be very honest about what's going on here. one of the challenges in negotiating with president trump is he does not have fixed policy positions, and they shift. and mitch mcconnell has already been burned once back in december he put forward a clean continuing resolution funding bill that passed the senate only to have his legs taken out from under him by the president. and nobody is empowered to negotiate on behalf of the president. the president wants $5.7 billion. we know that. the question is, what is he willing to give up? what is he willing to give up for that 5.7 billion? nobody is really quite sure. he put that temporary -- he put a little bit on that -- a little bit on there in terms of tps and daca but it's going to require much more than that. >> when has the president ever

retreated from his stance that we needed to border wall? maybe i missed it. >> never that, but the point is that he flips around his positions and nobody can negotiate on his behalf. so vice president pence and jared kushner to the hill is meaningless. nobody thinks he can come with a deal that he'll actually sign. >> he's the guy that stayed in washington through december, through january, i'm sure the press would have been criticizing him saying hey, i'm ready to sit down and talk to anybody at any time. he is the chief negotiator and there were no offers forth coming from the democrats. >> i think the issue here is that funding for this wall, $5 billion is a lot of money. there's an irony here that the members of the party opposed to spending are for it now and president trump is somebody that wants to get this done just so he can have a big placard at campaign rallies and nobody likes that. >> but do you think in a multitrillion dollar budget that $5 billion is a lot of money?

>> i don't have it in my pocket. nobody does. >> what does he want to do with $5 billion? that's the question. i was one of the original co-sponsors of the secure fence act. how many border agents does he want? how many extra miles of wall does he want? how many access roads? quantify those things. >> they are. >> he did not layout a coherent plan. he has not layed out a coherent plan for operational control of the border other than just saying i want a wall from sea to shining sea. >> border agents. >> i got to jump in. we're out of time. thank you very much. much more on the shutdown and what it's doing to hundreds of thousands of people, he has called in sick over the weekend. that's up to three times the normal percentage. many employees are saying they can't go on working without pay.

two are democrats, one are republican, and two are independent. >> how many of you are running out of money. raise your hand. >> all of you. >> her son needs medication for adhd. >> i don't know how i'm going to pay the $250 a month for his medication. my husband and i have put ourselves on a macaroni and cheese and grilled cheese diet so the kids can eat. >> he is picking up extra cash playing guitar at a coffee shop and that may not be enough to afford his regular mris for ms. >> they added up to out of pocket costs $550 and that's with insurance, but i have to get them. i have to make sure that this disease is held in check. >> a divorced dad may have to skip the 300 mile drive every other week to see his daughter. >> i wouldn't have the gas

money. as of today kyle is broke. >> you ran out of money today. >> today. >> what are you going to do? >> i absolutely did. i had like $20 left in my bank account. i called my parents and they're going to put in $300 for me today. >> when you know you have zero income but there is no end in sight, that's what becomes the problem. >> and when a top economic adviser in the trump administration suggested this is a paid vacation, this furloughed worker was furious. >> that's what really boiled my blood. but you have to understand, the psychological impacts of this. being at home we feel undervalued, we're unappreciated and that results in low morale of course. >> kyle, do you think that president trump can relate to the situation that you're in? >> will he ever relate to a guy l living paycheck to paycheck. >> i don't think anybody in

congress could relate. >> you don't agree 100%. >> i don't agree 100%. i don't agree in holding anybody's paycheck hostage. >> what about speaker pelosi. do you think she can relate to the position you're all in? >> no, and honestly i don't think she cares. every interview she does she has this smirk on her face like she's winning. >> who do you blame for the position that you're in? >> congress as a whole. i'd love to point my finger a lot right now to mitch mcconnell who refuses to allow a vote in the senate. >> i blame the entire leadership. as a leader, you don't get a chance to shift the blame, you have to take responsibility, period. >> you did vote for donald trump. do you feel betrayed by this? >> i feel betrayed by him. he talked about, you know, supporting law enforcement. i'm a federal law enforcement officer not receiving pay. how is that supporting law enforcement officers?

i blame him and the republican party and the democratic party. >> none of us are asking for handouts. we're just asking for our paycheck. >> we'll keep telling the stories as long as the shutdown continues. >> rudy giuliani weighs in on the president and russia and he's confusing a lot of people. now he is saying he wasn't really saying what we all heard him say. is that clear? we'll try to clear it up when we come back. >> video of a kid in a trump hat and native american elder and now fresh insight on what actually may have happened.

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>> he's done it again. rudy giuliani, the president's tv lawyer is making people do a double take. he let it slip that the president paid off stormy daniels and said the campaign may have colluded with russians but not the president himself. then he said the trump tower moscow discussions were, quote

going on from the day i announced to the day i won, mr. giuliani told the new york times. the same day he told jake tapper that his client wasn't talking to people in russia about anything. he didn't talk to people in russia at all. yesterday, he tried to walk it back. so what did he say today and how many different answers had giuliani given about this over the course of the last 36 hours. >> he spoke to at least three news outlets on sunday and tried to clarify today. let's go with yesterday. the takeaway throughout all the interviews yesterday seemed to be the same. the takeaway was it was possible that donald trump had discussions relating to trump tower moscow throughout 2016 during the campaign and up to the election itself and he said

discussions were going on from the day he announced his candidacy to the day he won. earlier today the story started changing and evolving. he said the president had no recollecti recollection, discussions since there were no records documenting any of the conversations and of course it was later that he released the full, more formal statement that said that his comments about the discussions, about trump tower moscow and didn't represent the timing and circumstances and in that same statement he went back to insisting that the proposal was always in the early stages, never advanced beyond the nonbinding letter of intent so finally trying to go back to square one but really creating a lot of confusion in the process. >> do we know from the sources you're talking to, is there any strategy behind the quickly

shifting narratives? is it just confusion on his part? or is there a method to what he was doing? >> it's fair to say that people were scratching their heads over whether there is any strategy. these changes statements could hurt the president's legal strategy when it comes to the special counsel and that's because the president answered questions about trump tower moscow in his written responses to robert mueller that were submitted before thanksgiving. but now that he is on the record, first, saying that the conversations ended maybe june or july 2016, then saying yesterday they may have gone all the way to the election and then today, saying no that was just a hypothetical, those flip flops could really give robert mueller an opening to ask the president to answer even more questions or potentially even demand an in person interview with the president to get this whole time line issue squared away.

so this could really open a can of worms, possibly in the mueller probe. >> thanks so much. a member of the intelligence community, former director of national intelligence james clapper. author of facts and fears, hard truths from a life in intelligence. i want to start by getting your take on what i asked jessica. do you buy the theory that rudy giuliani is out there to see if certain explanations can diffuse things in the press or the public or do you think he's a one man -- >> actually, more and more i'm falling into the camp that says there is perhaps a method to the madness here and i think and he's a pr lawyer.

not a real lawyer here. and he and the president think in the end this is all going to be decided in the court of public opinion. so when he makes these contradictory statements, i think what he is actually doing is marginalizing whatever issue. so in the case of contacts with russia, to the extent that he can confiscate it, he is actually, i think, serving the purpose of trivializing whatever those relationships were. and has eluded to the questions that railroad submitted in writing were as i can guess were written to preserve as much ambiguity as possible. for people that follow this

stuff day-to-day it's confusing. for the great mass that doesn't follow it in detail day-to-day, it gets very confusing and as i say, i think the purpose there is to trivialized concerns. >> put aside for a moment the question of whether he is serving fine as well with the shifting explanations. how much interest would it be from an intelligence perspective whether or not candidate trump was having these moscow tower conversations or people representing him were having these moscow tower conversations all through the 2016 campaign. >> potential great implications from a counter intelligence perspective. if there was, in fact, a financial interest or hope for a financial interest, that could potentially have a serious

counter intelligence and national security implications. and contemporaneously, those of that are in at the time in the last administration were not aware of the extent of what is now apparently emerging about just how extensive and how long this dialogue, business dialogue went on with the russians. >> and basically, i mean, if the president or anyone in his circle has been untruthful publicly or privately about the extent of that project or the conversations about it, the russians would know that and that would potentially be leverage that they can use. >> well, exactly. and that is under the rubric of potential counter intelligence operations. and standard operating procedure for the russians is to seek and exert leverage if they possibly

can. now, i again don't know the details here but this, just from what is out there, this to me is something to be concerned about. >> always good to have you on. thank you. coming up next, a 2016 candidate's take on the latest 2020 presidential hopeful kamala harris. (ding) hey, who are you? oh, hey jeff, i'm a car thief... what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me. ♪ rewards me basically aeverywhere.om so why am i sliding into this ski lodge with my mini horse? because hotels.com lets me do me. sorry, the cold makes him a little horse.

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went through a crowded presidential primary process, what do you make of the growing democratic field with senator harris's entrance today? >> there's like 20 people talking about running again and i understand that they're going to try to figure out a way to have discussions or debates that's going to be different than the way we did it which is really kind of crazy. i don't know how they're going to do this. they're going to have seating somehow and they'll have discussions and we'll see how that works out. the interesting thing to follow, anderson, is this. where is the energy? you know? a lot of people will tell you that the energy is on the left, and then you have other people that say well, if they go to somebody that's really on the left, significantly on the left,

that won't work and they need to pick somebody more moderate. it's an interesting discussion. the country is not left. the country is sort of center of right and that's going to be the big challenge for the democrats. where is the energy? and if the energy is on the hard left, it hurts their ability to win, but we have a long way to go. because they have to talk about what their message is. they have to raise the money and be out there doing all the events and we have to see how it all works out. it's early. some are getting out early. out into the race early. >> one of the things that i guess, another open question is, does any candidate at this point, does anyone know how to run against president trump? you had an incredibly talented field of republicans last time around yourself including and people tried to take the high road. marco rubio tried to go toe to

toe with trump. nothing seemed to work. do you think it's clear at this point how to campaign against president trump? >> the first thing they're going to think about is how they win the nomination and that can include how they get elected. the other issue is, if you have all of these people they're running against, it becomes almost like a beauty pageant, you know? you go out to iowa, you test your message. the thing that i find interesting is they're all announcing in different venues trying to capture attention, get a little lightning in the bottle but i would say right now what they are initially thinking about is who am i competing against? what is my lane? who are the people that i have to be. i can tell you back when i was a candidate, i knew who was in my lane and i knew what i needed to do was never really thinking about the general.

in this case, they will think more about it -- part of it will be who can beat donald trump and that brings up the issue of do you go to the left? do you find somebody more moderate. so it will be interesting. >> who do you think of the household names, some declared, some not. whoever else may cross your mind, now, is there -- do you have anybody in your mind on the democratic side might have the best chance of beating president trump in a general? >> i think that joe biden is a very interesting candidate. the issue is his age. even if he's older, does he have something he's going to a or ideas that can make him look sfre fresh. age has changed. age is not what it used to be. you can be a lot older. so the question is can he look fresh? but you never know who can catch fire. so you have to keep your eye on all of them and what i don't want to do is take somebody that

we may not know yet and just dismiss them. that's not fair to them and their families. >> well, there's a long way to go. finally, we're approaching the 32nd day of the shutdown and martin luther king day. just yesterday, vice president pence compared president trump's push for a border wall to dr. king's push for equality. is that an appropriate comparison? >> well, there's no connection to that. but two things. first of all, i felt as though the president may have created some space, but what he has proposed is not going to be acceptable. that's where negotiation begins and we'll see if the democrats that are now going to be casting votes on a bolder plan -- what i'm hope as good that they will sit down in quite, that's what i did with the clinton administration for a long time to negotiate in quite and come out with something. it's going to ultimately be in everybody's interest to be able to get the government open. >> appreciate your time.

thank you. >> as the government shutdown continues, there's another standoff in washington that leaves many americans divided but a fuller picture is emerging between what happened of a group of maga teens and a native american elder. you may want to reserve judgment until you hear both sides of this controversy, next.

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>> it was a confrontation that caused a fire storm across

social media and beyond. and involving different age groups and races outside of the lincoln memorial last friday. was there a rush to judgment about who was wrong? >> we're now hearing from the ch chaperones of the students. they're defending the actions of the students and putting the blame on this group of black men hurling insults at the boys. >> you see how you have them come down here in the middle of the native rally with their dirty hat on. >> i can't believe they even stayed and listened to the hatred that was being shouted at them. as a mother, it was horrible. horrible. >> our boys did nothing. no violence. they did not attack those gentlemen. they stood there waiting for their bus. >> indeed, a small group of black men that identify as

hebrew izrealites said hateful things to everyone around them. the students watch but do not engage. but more and more students gather and the taunting gets worse. >> bunch of incest babies. a bunch of babies made out of incest. >> the student at the center of the viral video says the rhetoric was startling. because we were being louded attacked and taunted in public, a student asked one of our teacher chaperones for permission to begin spirit chants. at one point a student removes his shirt rifling up the crowd in their school chant. two mens later you hear a drum beat. that's where the tribe leader and activist comes in. he's no stranger to conflict. he protested with thousands of others against the dakota access pipeline. he just attended the indigenous

people marchand thought things were getting out of hand so he tried to use his native american music to quell the tension. >> there was a young group of young students that came there and were offended by their speech and it escalated into an ugly situation that i found myself in the middle of. >> the kids dance and begin chanting. some do a tomahawk chop. something the native american community finds offensive. phillips moves around the group beating his drum and soon comes face to face with him. i believed that by remaining motionless and calm i was helping to diffuse the situation. i realized everyone had cameras and that perhaps a group of adults was trying to provoke a group of teenagers into a larger conflict. both sandman and phillips had every opportunity to separate.

neither do. they continue taunting the kids. as the groups separate, you can hear someone in the native american group say you stole our land. and a catholic student from a different school responds. >> just because land gets stolen, that's how it works. >> it seems like there were a lot of sides in this story. is there any consensus between the students and native americans as to what happened. >> the native americans and the students see things very differently, but one thing they do agree on is that the source of the tension that created this situation is fully put on the black men standing there that call themselves the hebrew izreal izrealites and targeting the students for almost an hour. we have now seen a letter that

was sent to parents of the catholic school of the students. basically the catholic diocese sent out a letter saying we have started an independent third party investigation into what happened there in washington d.c. on this school sanctioned trip. they also talk about the fact that they had involved the police and local authorities to make sure that the students are safe because at least one of the students has said that he has been threatened and his family threatened and is concerned for his safety. so we are getting that just now and information that there has been a letter sent to parents that there is a third party independent investigation. however, the diocese did not retract it's statement that's been on its website since saturday saying that they do condemn the students behavior toward the native americans in particular and in particular toward that elder, anderson. >> thank you very much. an exclusive investigative report on the uber unit and what

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misconduct is made against an uber driver, including claims of sexual assault, there's a special unit at the ride-sharing company expected to investigate each claim. we've obtained an internal memo that raises a lot of concerns. our senior investigative correspondent drew griffin has been reporting on the dangers faced by uber passengers for more than a year. here's his new report. >> reporter: this internal report obtained exclusively by cnn says uber's siu or special investigations unit, manages nearly 1,200 cases per week. sources familiar with this unit say those cases include fights, serious traffic accidents, and deaths, but many of them involved sexual assaults, sexual misconduct, and rape by uber drivers. uber has responded to cnn saying the number in its own internal memo is not an accurate reflection of serious safety incidents that occur on the uber platform because it includes reports that, following investigation, are found to be unrelated to uber, withdrawn,

and/or fraudulent, and adds we are working with experts to audit our safety incident data so that it can be responsibly released this year. cnn has been requesting the number of alleged rapes reported to uber for more than a year. a cnn investigation of public records, lawsuits, and police files last year exposed more than 100 documented cases where drivers were accused of sexually assaulting or abusing passengers. sources continue to tell cnn the true number of reported rapes to uber is much higher. a second cnn report detailed thousands of convicted criminals, even sexual offenders and felons, were approved to drive for uber. >> we're putting safety at the heart of everything we do. >> reporter: the company has launched several changes aimed at improving safety. >> with just a single tap, let loved ones know you're on your way. >> reporter: but former uber employees cnn spoke with say it's not enough, and the problem

is much larger than uber is willing to publicly admit. uber's internal report completed in may, after cnn's expose, warns of the consequences should the full scope of the problem emerge. we know from the underreporting of incidents by cnn, the report concludes, the cost to the brand and reputation of uber by a single case can cost the company millions of dollars in lost revenue from riders who hold a lasting impression that we are unsafe and not worthy of their trust. the report was conducted to analyze workloads and stress levels of the 60 uber investigators and shows how the company struggled to handle the nearly 1,200 serious allegations of inappropriate or illegal conduct per week. one worker quoted in the report said the number of cases in a week is crazy. according to the document, the siu staff are mostly in their 20s and 30s, underpaid, overworked.

some have little relevant experience according to a half dozen former uber employees cnn spoke with. one uber investigator went from being a starbucks shift manager to handling calls from victims. another was a kitchen manager at chipotle according to a review of online résumes though the report cites many have law enforcement investigations and military backgrounds. it says most love working for uber but also details the serious level of stress and anxiety. the staff directly interact with perpetrators and victims, discuss deeply disturbing sexual and other assaults. the report documents untreated depression and profound stress, requiring clinical care in at least six of its workers and warns of the potential for suicide. in the month since the report was done, uber tells cnn all key recommendations in the report have been acted upon or are in the process of being acted on, including counseling, better work schedules and conditions, improved training and hiring,

more experienced investigators. uber says its transparency report detailing sexual assault and misconduct cases by uber drivers will be released this year once the audit process is over. but sources tell cnn uber could tell most of the story right now. one former manager telling cnn it's a technology company built on data. the numbers are known. >> drew griffin joins me now. since you started asking ruber about their rape cases, they've made extensive safety changes. are you sources saying more could be done? >> yes. and you're right, anderson. uber has strengthened its background checks of u.s. drivers. it's launched some new safety features on its app. it says it's committed to safety. but former employees and managers say the company has the ability to do more, starting with a better acknowledgement of the sheer numbers and warning potential victims, women, about this issue. the company says that's all coming when it releases this transparency report sometime

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the news continues. i want to turn things over to don lemon and "cnn tonight." hello, everyone. happy king day. this is "cnn tonight." i'm don lemon. thank you for joining us. we want to talk about where we are right now. two years into this trump presidency. so let's talk about where we stand on the shutdown, on the russia investigation, and this administration's wrong-headed comments. on race ahead of this martin luther king jr. day, okay? we're going to begin with the shutdown. tonight is day 31. 800,000 federal workers on the verge of missing another paycheck. workers who, just like the rest of us, they have to feed their