in the mirror and sees a future president of the united states. phil mattingly, thank you on capitol hill. you can fol proceed me on twitter or instagram. tweet the show. thanks, very much for watching. erin burnett out front starts right now. >> "out front next." trump fights back as the head of the house intelligence committee says he's looking into the president's finances. is this a bigger threat than russia? elizabeth warren says i'm not a member of a tribe, she shows another document identifying herself as native american. more to come. a young attorney prosecuting michael cohen going after trump's inaugural committee who is tom mckay? and is he about to be president trump's worst nightmare? let's go "out front." [ music playing ] and good evening i'm erin burnett. "out front" tonight, showdown, president trump going head-to-head with the head of the intelligence committee as

adam schiff vowed to expand the investigation today. >> we will be announcing the parameters of our investigation, which go beyond russia. >> did you say adam schiff? >> adam schiff. >> i heard of him. >> can we get your reaction? >> on what basis would he do that? he has no basis to do that he's just a political hack who is trying to build a name for himself. it's called presidential harassment and it's unfortunate. >> all right. trump snively joking there he has no idea who schiff is. schiff is now going to the heart of what president trump has said is off limits. okay. so here is some of what 65 released today as a part of his beyond russia focus. he listed some areas, saying he is going to quote investigate whether any foreign actor has sought to compromise or holds leverage, financial or otherwise over drunk, his family, his business or his associates. financial and financial leverage. those are the key word. remember this? >> i was looking at your

finances, your family's finances unrelated to russia. is that a red line? >> who you would that be a breach of what his actual -- >> i would say yes. i would say yes. >> all right. we are not past that red line. and, frankly, we're not obviously talking mueller or the house intelligence committee here. because that may not be the biggest risk facing the president. the trump and his team have long concern that new york federal prosecutors could pose the biggest threat to the president and his family. more so than robert mueller. the white house.is live outside- caitlin the president when it comes to the house intelligence committee is making this now a very personal fight with adam schiff. >> reporter: he is. and he is trying to dismiss it as you saw him there earlier today at the white house essentially saying who is adam chicago even though we know the president knows two he is. not only has he tweeted him before. the sources tells me he often complains about congressman

schiff whether he talks about the white house investigation, the president feels he is very negative. that's what he said to people before. but what we are seeing now is adam schiff shooting back to the president saying quote we are going to continue on with our oversight investigations and we won't be intimidated by his vulgar threat. this is what washington looks like the democrat versus won back the house, adam schiff who used to be a pain in the president's side who was ranking membership is now chairmanship of this intelligence committee. now he has the power to launch investigations, like the one you saw him today. white house aides have been preparing shins november, onslaught investigations. they don't think they can deter democrats from pursuing. this is essentially what life is going to look like in walk for the next two years. you can see from the president's reaction today, he's not going to respond too kindly to it. >> all right. thank you very much, caitlin. i will go "out front." gloria borger, chief political

analyst for us, david k. john donald trump" and you a there of the "new york times," david, let me start with you. you know, obviously the president said this is a red line, you know, for mueller. now have you not just adam schiff and house intelligence committee looking into leverage of other foreign actors, obviously, financial investigations related to the southern district of new york. are there anything in the president's business dealings that you think could driver, prove that this is true, right? that it is some kind of financial leverage or foreign actor driving the president's actions? >> well, absolutely. donald has had extensive dealings with russians as early as 1983 and in many cases did not make normal financial sense. his family around him and that's a part of what schiff is looking at, has tried to leverage the tatha qatarries to put up money.

they've had leverage with the saudis. there is a great deal here. donald trump's business practice is, with the exception of the scandalous trump university. he never puts dollars into anything. he gets fees up front from people. those fees in many cases may have nothing to do with normal business practice. >> that will be a crucial point, right? if they can find that. gloria, trump says adam schiff's investigation is presidential harassment. >> that is unfortunate. schiff said he won't be distracted or intimidated today. is it harassment, intimidations political grandstanding? >> look, i think it is congress's job. the republicans didn't do that job of oversight within they controlled the house. i this i what schiff is doing is saying we're going to investigate the way we should have investigated over the past couple of years. i think the danger that he has, as he looks at the whole trump organization and the president's

finances, is that he -- i don't think and i'm not the lawyer here, but the southern district of new york is doing a lot of that as well. and i think they have to stay out of each other's way so he doesn't impede any kind of legal investigation that's going on in new york. >> and let's talk about in new york there is a lot going on. and we already see bits and pieces of that right? that are, obviously, interviews in trump organization. and an investigation into the president's inaugural committee and whether something illegal happened with foreign donations or pay in kind quid pro quo investigations. how big of a deal is that in terms of the threat here, the relative threat? >> i think it's a huge deal and ki see why some people close to the president might view it as a bigger threat than the mueller investigation. first of all the mueller investigation, although it's very important and it has very deep focus, it's very nor row. as we have seen, if it doesn't relate to the election and russia in some way, it gets spun off and sent elsewhere.

at anywhere they want to.an look they're famous for starting an investigation at point a and following it all the way through to point z. they can look at any federal crime anywhere around the world, really, the trump organization's headquarters here in new york gives them the venue they need to bring charges against them. >> let me ask you that, david, they need to bring charges. investigators in new york, of course, have been aware of donald trump and been looking alt him for decade. you've obviously investigated him as well. is there anything they will find now that they didn't find before? >> well, they weren't really looking before. i mean, as i point out in my biography, donald trump was involved up to his eyeballs with a major international cocaine trafficer and did things that make no sense unless he and the cocaine trafficer, joe weeks elbaum were in business together. donald has been involved with mob guys, tax cheating his entire life. his father's business partner was a mob front, willie

thomasello. donald has beaten four grand juries in the past, though. he is very good at getting around law enforcement. >> four grand juries in the past. it's something to point out. eighth big deal if you are able to do that. >> right. yes. >> gloria, each time a new investigation or a charge comes to the forefront, at this point you are talking about people who have pleaded guilty or gone to jail or has been charged. stone has been charged, cohen is going to prison. manafort is convicted. the inaugural committee is under investigation. the white house in each of these cases has responded in this way. >> the things with people like roger stone and paul manafort literally have nothing to do with the president roh. >> that doesn't have anything to do with the president or the first lady? >> none of these things have anything to do with the president. >> and yet, gloria, they all have something to do with the president. >> these are the people the president surrounded himself with. and as we know, from covering donald trump during the

campaign, it's a very small group of people. it's not like hillary clinton's campaign, which was very top heavy and had a lot of people running around. this is the campaign was donald trump and ten other people maybe at most. >> yeah. >> and all, you talk about paul manafort. well, paul manafort was the campaign chairman at one point. roger stone continued to talk to the president even when he was in the white house. so, you know, the white house can say all they want. this has nothing to do with us. nothing to do with us. nothing to do with us. but it seems to me that the circle is getting smaller and smaller and smaller. >> and, harry, that's a big question, how much longer will the white house be able to say that? >> i think it's hard for them to truthfully say right now. we saw a few weeks ago in the roger stone indictment, this famous statement that stone was asked to reach out to wikileaks by a senior campaign person directed by some unknown unnamed

person some assume is a reference to the president or some close associate or family member. >> his son. >> his son maybe or his son-in-law. yet the next day or the next hour we heard the white house press office saying this has nothing to do with trump. it's hard to believe that as true even right now. >> and certainly all because of him and in his orbit. thank you all very much. and next, elizabeth warren doing some desperate damage control after claiming to be a native american on yet another document. >> i am not a tribal sid. i am not a tribal citizen. i am not a tribal citizen. >> but is the damage done? plus the president with this message for democrats. >> tonight we renew our resolve that america will never be a socialist country. >> democratic senator response. and virginia in total chaos. the attorney general now also

admitting to dressing up in blackface, graphic and detailed sexual assaulting a sayings are now launched against the lt. gov. is all of this going to help governor northam keep his job? about 50% of people with evesevere asthma k? have too many cells called eosinophils in their lungs. eosinophils are a key cause of severe asthma. fasenra is designed to target and remove these cells. fasenra is an add-on injection for people 12 and up with asthma driven by eosinophils. fasenra is not a rescue medicine or for other eosinophilic conditions. fasenra is proven to help prevent severe asthma attacks, improve breathing, and can lower oral steroid use. fasenra may cause allergic reactions.

. tonight, senator elizabeth warren again apologizing for

declaring herself native american when she's not. it comes on her texas bar registration in 1986 in which she declares her race american citizen. she says she never called herself a tribal citizen, could there be more documents coming out, which she means there are. mj lee is out. >> i am not a tribe am citizen. >> reporter: it's the controversy that elizabeth warren can't put to rest. a new headline from "the washington post" revising criticism about the senator's claims of native american heritage. in 1986, warren filling out american indian as her race on a texas state bar registration card. an aide to the senator not disputing to cnn that the word written in blue ink, are, in fact, her handwriting. it prompted another apology today. >> when i was growing up in

oklahoma, i learned about my family the same way most people do. i am not a member of a tribe and i have apologized for not being more sensitive to that distinction. >> reporter: the massachusetts democrat dogged by the controversy for years, going back to her first senate race in 2012. >> when she applied to penn and harvard, she checked the box climbing she was a native american. clearly, she's not. >> reporter: her critics slamming her decision to self identify as native american saying it gave her a leg up in her legal career. president trump relentless in his public mocking. >> i said i have more indian blood than she has and i have none. >> reporter: but an exhaustive boston globe investigation last year concluded that warren's ethnicity was not a factor in her hiring at multiple law schools, including harvard. >> nothing about my background ever had anything to do with any job i got in any places.

>> reporter: warren attempted to settle the controversy in october. releasing the results of a dna test in a lengthy video. >> the president likes to call my mom a liar. what do the facts say? >> the facts suggest that you absolutely have a native american ancestry in your pedigree. >> that prompted backlash with cherokee's leaders. she spoke with chief bill john baker last week. >> i am sorry that i extended confusion about trial citizenship and trial sovereignty. and for harm caused. >> reporter: since announcing her exploratory campaign on new year's eve, warren has answered dozens of questions from voters. two about this controversy. >> why did you allow donald to engage you on the native american question and get a chuckle every time he says pocahontas? >> reporter: voters in the early states so far showing mixed reactions. >> people make mistakes takes

and it was probably unwise of her to take that direction. >> i don't think it matters, but whatever she has, it's more about her policy not her cultural ethnic background. >>. rou, erin, elizabeth warren was asked twice in this gavel are there other documents that could potentially come out? she did not answer the questions. the timing is not good at all. she is supposed to launch her campaign on saturday, instead of the message and the policy point she wants to talk about. she is once again on the defensive and apologizing. >> mj, thank you very much. i want to go to a former counsel and a strategist. how bad is this for warren? >> it's not good, for three reasons, certainly her act and ability to communicate and her character. she went last month traveling

around iowa looking at people square in the face saying i will get it out there. she didn't. there is still more information out there. she knew this and should have been honest at the time. her credibility is questioned. she is not able to communicate her message. today she wasn't able to say one word about the state of the union because she is fighting this and also her character is being called into question. rhonda mcdaniel chairman of the dnc is asking the fwoor penalize her. she could have put it to bed a month ago when she had the opportunity but she didn't do it. so she is continuing to be on defense instead of offense. >> that is never a good place to be when you are launching a presidential. >> paul, is she still viable as a candidate? >> sure. i think she need to listen to

get yours on the defense. if you are apologizing, you are losing, she has nothing to apologize, she believed a family legend. >> hold on, hold on. there could be a family legend, and then you go write it down? you don't even know, have you no idea if it's true and you write it down to identify yourself that way? i mean that defies credulity. >> this race is a very important question. who cares? even if she is potentially lying, which she's not, she may have been mistakes taken, there is no intent to lie. even if she was, that put her according to washington post 8458 lies behind donald trump. she should say this, in my state of massachusetts. >> calling someone a worst liar, that's a bad defense, palm. >> we are responsible for this in the media, too. elizabeth warren should say i'm not going to let them e-mail me. we're going to use this like that stupid phony e-mail issue to discredit someone.

i cannot believe that once again we're going to allow some stupid extraneous irrelevancy to distract from the fact that at least in the eyes of democrat, we have an existential threat at 1,600 pennsylvania avenue. >> stupid, extraneous, irrelevant. >> i think there is an important question she didn't ask a couple different times and ways, did she use her claiming to be a native american to her advantage in order to try to benefit from that status? she wouldn't answer those questions. this is the very answer of a culture appreciation, a member of a dominant group is claiming to be a minority group to further their situation and this is her using native americans to climb up the ivy league ladder. >> that is something she has not answered for. she needs to answer for. she had the opportunity to do so and put it to rest. but she continues let this linger. >> she should do it the old fashioned way donald trump was an millionaire at age 8. he must have had a lemonade

stand. >> one of the people have with donald trump is his character. what does this say about her family lor, she writes it down if she wasn't doing it for her career, why was she doing it? >> she was doing it for her mother. kids at home think about your mom. if you have a family myth. >> someone in your past is not the same thing as being american indi indian. >> that's what she was told it's not common at mar-a-lago or malibu, it's common in oklahoma. there is a lot of folks there because of our tragic history with native americans, there are people that believe they are part native american, it's not uncommon. what i'm concerned about is senator warren is answering thoughtfully, responding earnestly. it's all blown baloney, you need to get out and talk about the issues where you could be a

better president than donald trump. >> you are doing the job for her. i'm pointing out she was in her mid-30. i have no idea who this person was, maybe people don't care. it doesn't add up. one of the favorite ways the president likes to insult her is this issue. you got to give him credit for the fact this is an issue. >> right. >> he called her pocahontas. she took that dna test because of him. the test results became a part of his bit as well. here he is. >> we have a representative in congress who they say was here a long time ago. they call her pocahontas. >> elizabeth warren, a very boring name, we're going to have to come up with another name. i can't use the word pocahontas army. elizabeth warren was exposed as being a total fraud. >> alice, is he still going to

use this? is it still effective? >> i wouldn't put anything past him. he shouldn't have done it in the first place, it was mean and insults, there are another policy issues, we don't have to call her names. she is bringing them on herself. she did take that test. she has 1024% ancestry of indians, but that doesn't make her a member of the tribal nation. and she should have known that. she shouldn't have tried to piggyback off the benefits of that for all these years. that's where she is running into a problem. the fact that she did a me? a culpa in iowa, you only get a first chance with the people and i think she used that up. >> is this going to hurt her? >> i don't like the way she is handling. how to run against the bully, what you do is punch him in the nose. i think her image is very tough.

new jersey liftic. -- fugilistic. senator, if you are working, get your [ bleep ] on offensive, punch him in the nose, people won't care whether are chinese or cherokee. >> thank you, i appreciate it. next, president trump's surprising ad lib on immigration. i want people to come into our country in the largest numbers ever. >> that's the ad lib. is it the case? senator jeff merkley responds. plus, breaking news, top three officials in virginia are roaming three major scandals. tonight the state hanging in the balance.

i'm a veteran and the army taught me a lot about commitment.

which i apply to my life and my work. at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. . tonight lawmakers racing against the clock to reach a border deal before the government shuts down again. because we're almost there. the president and his team are dodging any promises to keep the government opened. >> can you guarantee there will not be another government shutdown? >> well, i think our hope is that there is not, but i can't make that guarantee, jeff.

>> "out front" now senator jeff merkley and nine days away until the government potentially shuts down again, if there isn't the parameters of a deal now, we're looking at that, would you put your money on another shutdown? >> reporter: well, i have been relatively optimistic we're not going to have another shutdown. i feel that democrats have been very supportive with border security. republicans are saying they're not standing full square with the trump demand, exactly the way it is. and everyone realizes the enormous damage it has done. so since we've already had a meeting of the mind on border security before, surely, we can get there again, i hope, but would i bet money? >> no. no. >> i guess it all comes down to the four-letter word, that wall, right? whether we will call it border security or a wall or not. you know, this does come down to you know, nancy pelosi said this is an issue of morality,

obviously the president pointed out last night that a lot of people, most people in that room have voted for a fence or border before. he's right about that. the president added he wants people to come to the united states. they're trying to say this isn't about keeping people out. here's the key line. >> i want people to come into our country in the largest numbers ever, but they have to come in legally. >> so as you know, senator, the ad-lib was quote in the largest numbers ever. so not i just want people to come in, in the largest numbers ever. do you believe him? >> reporter: no, i don't believe it. unless he had some thing in his head that he was talking about tourism or something of that nature, business partnerships,. but i think he was trying to take a little bit of a step away from the fact that he's

presented himself as really being against immigrants coming to the united states. now, realize when people flee persecution and the vast bulk of people come to the southern border, they're fleeing persecution in central america, they're presenting themselves, they are taking a legal act under our law and international law. it was a criminalization of this, which is incorrect and wrong by the president in all kind of ways, followed by child separation, abuse of children, child prisons, family internment camps, he's created that humanitarian crisis. >> his definition of legal is very much based on merit. he hasn't talked about asylum the way you are talking about it. the president last night also called out some of the more liberal members of your party, this will be very important, given what we have seen so far in this pre-pre-primary season. let me play what he said.

>> we are alarmed by the new calls to adopt socialism in our country. north america was founded on liberty and independence and not government coercion, domination. tonight, we renew our resolve that america will never be a socialist country. >> do you agree, senator merkley, the bottom line, america should never be a socialist country? >> reporter: the president started out he wanted to be a bipartisan, keep people together. he couldn't restrain himself from going into campaign mode. certainly, we heard paul ryan when he was speaker say, hey, now we won the big tax away to the richest americans, we have to dismantle these social programs. we have to dismantle medicare or tone it down. we have to demand social security. what they refer to as

entitlements. i call them programs earned and very smart programs for our seniors and i support those and the president wants to tear those apart. i think he is making a big mistakes take for quality of life in america. from you don't see that as socialism, right? in terms of the word, obviously, it's a word of significance? >> well, it is, a society coming together to increase the standard of living of our seniors. and that is pretty much the definition and the president's attacking it. >> before we go, for, i want to ask you about senator elizabeth warren, you know, this new thing about identifying herself as native american, yet again. she is indicating it may have happened other times that we don't know about. that was the texas bar registration card. does this concern you at this point? is her apology enough for you? >> it does not concern me. she is -- let's focus on making america better. she was very clear that she had a family story about her

history. she made statement i statements that were based on her full honest evaluation of answering those questions and let's move onto the issues that affect america. she has been an incredible champion in every kind of way for consumers in our country, saving them billions, driving through the consumer financial protection vision and that's what matters. >> all right. senator merkley, i appreciate your time. thank you. >> you are welcome, thank you. next, chaos in virginia as the governor refuses to step down over that racist picture and his response to it. the attorney general now admits he also dressed in blackface, now there are graphic sexual assault accusations coming to light against the lt. gov. plus, an aggressive young prosecutor, he is the one responsible, they say, for giving michael cohen his sentence. so now could he be the president's biggest threat? ♪

be right back.

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♪ ♪ our new, hot, fresh breakfast will get you the readiest. (buzzer sound) holiday inn express. be the readiest. - (phone ringing)a phones offers - big button,ecialized phones... and volume-enhanced phones., get details on this state program. call or visit

and accessoriesphones for your mobile phone. like this device to increase volume on your cell phone. - ( phone ringing ) - get details on this state program call or visit . breaking news, the virginia governor ralph northam hiring a public relations firm with a specialization in crisis

management, as he deals with a racist photo and his abysmal response to it, northam so for refused to resign. this is the yearbook picture he said he was in and did it another time and you know the story. it comes as virginia's lt. gov. justin fairfax is facing serious and dprak accusations of sexual assault from an accuser detailed in a statement today. fairfax denies the claims, he says whatever happened was consensual and it comes as the state attorney general admits he dressed in blackface as well, whoa, virginia. brian nobles is out front. >> reporter: virginia's capital already reeling from scandal is spinning out of control. all three of the state's top leaders, golf ralph northam. >> it is definitely not me ro. leiutenant justin fairfax and now mark herring are under

controversy. days after the yearbook came out, he admitted he dressed in a blackface. in 1980, in college, some friends we suggested attend a party dressed like rappers we listened to at the time, like curtis blow, he says it sound ridiculous writing it. but because of our ignorance and glib attitudes and we did not have the experiences and perspectives of others, we dressed up and put on wigs in brown makeup. a new development in the sexual assault allegation against justin fairfax. jennifer tyson, represented by the same attorney christine blasey ford released a lengthy statement, laying out in detail what she alleges happened in 2004 and the aftermath. she writes, where she makes it clear, quote, mr. fairfax put his hand behind my neck and forcefully put my head toward his crotch. i did not want to engage in sex

with mr. fairfax. i never gave him any form of consent. quite the opposite. fairfax vehemently denied the claims. he launched into an expletive latant attack against tyson and his supporters. fairfax claims you were together but it was consensual. leaving the capital, he refused to comment on the accusations. he later released a statement saying, quote, reading dr. tyson's account is painful. i've never done anything like she suggests. at the governor's mansion the man at the center of the original scandal continues to show signs he isn't going anywhere. today he met privately with prominent black he'ders to ask for their help to overcome in controversy. >> i'm very motivated. i feel my comment is a positive situation. >> reporter: and if another sign that northam is ready to dig in, he's hired a communications firm to help guide him through the process of clearing his name.

and we have learned tonight that the same lumpl that represented justice brett kavanaugh during his contentious hearings is working for governor fairfax. in fact, he retained them in 2018 when "the washington post" first started reporting on these accusations. meanwhile, a prominent democratic congresswoman who served here in the virginia state senate with justin fairfax, jennifer wexton saying she believes his accuser. meanwhile, there were many calls for the resignation of governor ralph northam. so far those resignation calls are trickling in for the attorney general and lt. gov.. the republican party of virginia saying tonight they do think it's time for the attorney general to go. erin. >> all right, ryan, thank you very much. i want to go now to former clinton white house aide, keith boykin, virginia's leadership is a complete mess right now. what ryan said you do have people calling for resignations

of the attorney general and the lt. gov. of course, these are allegations at this point which we don't know what happened. there are two side to this story at this moment. but everybody said the governor needed to go. almost everybody. yet, it looks like, does it look like he will use this? >> the sad thing is because there is so much scandal now, it gives more incentive for the governor, himself, not to resign, which is a wrong move. governor ralph northam should step down. i think democrats throughout the state and nationwide have been very clear about that. and that is unambiguous. regardless of what happens or may happen with the attorney general and with the lt. gov. he should step down. the democratic party has to be able to speak with moral clarity. on all these issues, on sexual harassment as well as on racism. you can't do that when are you not speaking consistently. when you are not holding people to the same standard you would hope republicans do. i and many democrats have been critical of steve king and

donald trump and others. how can we do that and not hold our own leaders accountable as well? >> all right. when it comes to the lt. gov. then, you know you got the embassy-ford and kavanaugh law firms now facing off. so what then should happen there? if northam responds? fairfax becomes the governor and there is an investigation that goes on or what? >> i think it's important to have moral consistency and clarity. i don't have any information to sigh justin fairfax -- to say that justin fairfax is telling the truth or not. there should be a full investigation. >> that itself the fair way to handle this. that's what the republicans are fighting against. democrats should support that in this case. i think brett kavanaugh, excuse me, i think that ralph northam should step down, justin fairfax should become the acting governor and new governor. if he wants, he can appoint a

new lt. gov. somebody who isn't involved in this whole scandal. >> that way democrats can move forward. >> pretty shocking to see such an epicco lapts in t collapse o. a 43-year-old prosecutor could be a bigger there et to president trump than robert mueller. take a good long look at him. you will learn more in a moment. and jeanie moos on the clap that caught everybody's attention last night.

tonight, a young, aggressive prosecutor taking on the president of the united states. people involved in all of this, described to me as a young gun. his name tom mckay, a 33-year-old attorney with the southern district of new york. he's at the center of the case against president trump's inaugural committee and the center of the case against michael cohen. could he be a bigger threat to president trump than michael cohen. jessica schneider is "outfront." >> mr. mckay, were you meeting with michael cohen? >> he is the unassuming 33-year-old federal prosecutor who keeps a low profile outside the courthouse, but is front and center inside. tom mckay seems to be at the forefront of the mounting

trump-related investigations in the southern district of new york and he could become a key prosecutor once the special counsel's work is complete. >> he's able to tune out sort of the intensive media surrounding the investigations that he's currently working on. and able to just tune into what are the facts, what is the law, and to do the right thing for the right reason. >> reporter: mckay's name is listed on the latest subpoena against the trump inaugural committee, demanding documents related to donors, vendors, and finances. as part of the probe into possible financial abuses related to the more than $100 million raised for trump's inauguration. it is one of the first glimpses into how any criminal investigations of trump world could continue in a post-mueller area with the special counsel's investigation nearing completion. >> how did it go today? >> reporter: the manhattan u.s. attorney's office has already led a separate prosecution and secured a guilty plea from michael cohen and mckay took the lead. in front of the judge, mckay was willing to take on trump, saying

at an april hearing, both mr. cohen and president trump made inflammatory public statements about this case. it is improper for the parties to attempt to drum up media attention about the case. just because cohen has a powerful client doesn't mean he's entitled to different treatment. and when the president tried to distance himself from cohen during a "fox & friends" interview in april -- >> well, as a merge of hi overall legal work, a tiny, tiny little fraction. >> mckay used it to his advantage, arguing the material seized in an earlier fbi raid that cohen's team was trying to keep secret couldn't possibly contain many privileged documents since president trump reportedly said on cable television this morning, that cohen performs a tiny, tiny little fraction of his overall legal work, suggesting that the seized materials are unlikely to contain voluminous privileged documents. >> tom mckay is just about following the facts wherever they may lead, without fear or favor. >> reporter: and mckay's record reflects his tenacity. he's part of the public corruption unit that took down

the former top republican in the new york state senate, deane skelos, not one, but twice. skelos' original conviction of bribery, extortion, and conspiracy was overturned, but mckay and his team wanted the retrial and now skelos is serving four years in prison. so tom mckay, really no stranger to these high-profile prosecutions, where the media spotlight is very intense. but really, as a whole, all prosecutors within the southern district of new york, erin, they're really accustomed to these high-profile, high-wattage cases. and the people that i've talked to who work over there really say these prosecutors, they ignore the spotlight, they focus on the facts and really do work as a team here, erin. >> thank you very much, jessica. an important person to watch in all of this, as we said. and next, nancy pelosi and the clap, the clap -- look at that -- seen around the world. you should be mad at tech that's unnecessarily complicated.

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you do you and get awarded. >> tonight, put your hands together for jeanne and the nancy pelosi moment that had everyone talking. >> it was the show behind the show. muttering "no" when the president declared the state of the union was -- >> strong. >> smiling to herself, urging new female members of congress to rise. rolling her eyes. >> ridiculous partisan investigations. >> but nancy pelosi became the queen of condescending applause after president trump proposed rejecting the politics of revenge and embracing the common good. she clapped madly, their eyes met. >> pelosi was like, you're never getting your wall! >> reporter: comedian patton oswald congratulated speaker pelosi for inventing the [ bleep ] you clap. ♪ come on, y'all.

>> it launched ed ed a million . the clap back reminded one guy of, when i tell my wife i changed a diaper. then there was the mystery, what was nancy reading? >> not right. >> some called it rude and petty for pelosi to bury her nose in papers. was it the mueller report or trump's tax returns or a menu. >> i kept expecting a waitress to come over with an order of buffalo wings. >> nah, she was just reading along with the president's speech. >> of course, nancy wasn't the only head-shaking eye roller in the house. presidential hopeful kamala harris looked exasperated, as did kirsten gillibrand who even used her eye roll as a fund-raising appeal and took it down after critics said it violated house rules. speaker pelosi's daughter, christine, tweeted, oh, yes, that clap took me back to the

teen years. she knows and she knows that you know. all we know is that all of that clapping was the speaker's seal of disapproval. jeanne moos, cnn, new york. >> anderson starts now. >> good evening. we begin tonight with a major expansion of democratic efforts to investigate the president. today, congressman adam schiff, chairman of what is now the democratically controlled house intelligence committee announced a wide ranging investigation that follows the money to borrow a phrase from all the president's men. president trump's money. chairman schiff says he wants to know whether the president's business dealings drive his decision making and whether foreign actors now have influence over him because of it. as you might imagine, the implications might be sweeping. and remember, this comes just a couple of days after federal prosecutors subpoenaed the president's inaugural committee. it also comes a day after president trump said this at the state of the union. >> an economic miracle is