wall but still in no-man's land when it comes to telling the truth about it. john berman here in for anderson. a lot happening in the hour ahead.

you're looking at the county coliseum in the texas border city of el paso. the president will be speaking there shortly. and on the street tonight heading to a counter rally nearby, protesters, including former democratic congressman and possible presidential hopeful, beto o'rourke on the right side of your screen, marching to tell the president what they think of his border policy and statements like this, which are just plain wrong. >> the border city of el paso, texas, used to have extremely high rates of violent crime. one of the highest in the entire country and considered one of our nation's most dangerous cities. now, immediately upon its building with a powerful barrier in place, el paso is one of the

safest cities in our country. >> so, keeping them honest, that's not true. full stop. el paso was and is one of america's safer cities, before and after the wall. here are the facts, courtesy of the "el paso times" in figures they received from the fbi. violent crime there peaking in 1993 and declining by more than a third by 2006. border fencing was completed in 2009 and a crime went up right around there, 17%, and has bounced around at a fairly low level ever since. the numbers are consistent with other big cities over that period, violent crime going down dramatically in many instances and any president can get those numbers by picking up a phone and making a local call. any president at any time of day or night has access to more

facts about more things than any of us could possibly imagine. unless, that is, he prefers imagining his own, then doubling down and actually going to the place he lied about to prove a point that's not true. you know, because it's monday. in a moment, you'll hear from the mayor of el paso, a republican, by the way. first, live coverage of the event, starting with the protest march and jeff zeleny, who joins us live. give us a sense of what's going on where you are. >> reporter: there's a sense that the residents of el paso, as you can see behind me, they're staging to have a march to the arena where the president is going to be. they want to tell their story about el paso, their facts and figures about the actual crime rate here. the republican mayor of el paso and other republicans we spoke to all day long say the president is simply not correct here in his facts. so, that is something that they are marching, they want to, of course, correct the record, if you will. they were stunned last week when the president mentioned this in the state of the union address.

they are trying to correct the record. john, a lot of attention is focused on one person in the crowd, a tall person in the crowd. that, of course, is beto o'rourke, former texas congressman. anticipation hanging in the air over his future. >> will he announce whether or not he is running for president? he has said will he decide by the end of february. we will hear from beto o'rourke shortly. do you have any sense on what he might discuss tonight? >> we know he will not announce that he is going to seek the democratic nomination tonight. i've talked to two friends of his who say he does not want to use the timing or the space here to announce his future plans. he wants to talk about his opposition to the border wall. he wants to talk about his differing view of immigration policy. that is what we expect him to say. he wants to also, he says, tell the story of el paso, one of the safest cities in america because of legal immigration.

that is something that we are going to hear from him. but there are black flags here, john, whipping in the wind, saying beto for president 2020. he has not yet made that decision, we're told, but is inching ever closer to it, that will add one more name to the crowded field should he do it. don't look for that announcement tonight, john, but a tease here a couple of weeks before he will make his plans known, john. >> he won't announce it tonight. he has made clear he is using this night, this event to create the juxtaposition with the president of the united states, which is interesting in itself. jeff, keep us posted as this march develops over the next several minutes. we are expecting the president shortly. let's check in at that venue with cnn's kaitlin collins. why did the president choose el paso for this rally, given the facts that do not support his arguments he made for the need for a wall in el paso? >> reporter: despite what the officials say and what the numbers show, the president

believes this is the city that makes the argument for his border wall. one reason he believes that is the state's attorney general, who told the president that violent crime here dropped after that fence barrier was built along the border. when you step just outside of the coliseum where the president is speaking at tonight. despite the numbers, officials have said, as you said at the beginning of the show, that's not true. the president is expected to continue, undeterred, making that argument here to the residents of el paso tonight. >> kaitlin, did he spend any time meeting with officials to find out what's going on, on the ground? >> reporter: no, john. the president has not even landed yet here in el paso. he is still in the air, on his way from washington. right now he doesn't have any briefings on his schedule. two things we know he's doing is, one, a photo line with supporters that costs about $15,000 per supporter and he's pretaping an interview with fox news that's going to air later

on in the evening. now, we should say that the president did visit a border city of mcallen, texas, in the middle of january, where he did do border security briefings and walked along the border with officials but this is his first time to el paso, the city that he says is making the argument for his wall here. yet he's not scheduled to have any kind of border briefings with local officials have been disputing what he has been saying about this city. >> kaitlin collins, thanks to you. and thanks to mick jagger. on the other side of your screen there is the march, counter protest against the president, people in el paso say they want to give the president the facts of what's gone on in that city before the wall was built and after a wall was built. in that crowd, former democratic congressman beto o'rourke, who we will hear from shortly. stay tuned for that. if anyone should know what it's like in el paso, it is the

mayor there. he, like the president, is a republican. he's been in office since 2017. i had a chance to speak with him earlier tonight. mayor, just this afternoon the president's campaign released a video, showing residents of el paso, saying that since the border was put up, crime has gone down dramatically and that not building a wall is immoral. how do you respond to that? >> i haven't seen the clip. i don't know who was saying it, but the statistics show that we were one of the safest cities before the fence went up and today we're considered, i think, the safest city in the united states, according to uniform crime statistics, reported to the fbi. for a community or city that's over 500,000. the fence has helped some on crime, and the residents in some of the neighborhoods, specifically one of our oldest,

if not our oldest neighborhood, said they have felt safer because of that. but the overall crime statistics with the exception of vehicle thefts and things like that, have not had significant change. >> the notion that he stated in the state of the union, el paso had one of the highest crime rates in the country, one of the most violent cities in the country, you take issue with that? >> it's not factually correct. to give deference to the president, he was echoing what our attorney general said and that's where the incorrect information came from. no one asked me to correct that one. i've just been correcting -- since the president's state of the union. >> what do you make of your city being used as something of a political tool tonight by the president, as a way to make his case for the border wall? >> well, i prefer not to characterize this as a political tool. i think it's an opportunity to showcase el paso.

our biggest argument has been, if you want to understand immigration, if you want to understand the border. if you want to understand how mexico and, in our case, el paso and texas are intertwined, culturally and economically for almost 400 years, you need to come here. as a result of his coming, even though it's a political event, i'm happy to have him down here. the problem we have is that most of the people and the pundits in washington or middle america, chicago, elsewhere -- i don't know where they are, but are making comments about the border have never been here and don't understand it. >> do you expect him to accurately depict the realities of el paso tonight? >> it's hard to say. i would hope that i would be able to visit with him before his rally a little bit and maybe eliminate or elucidate him on el paso. it's hard to say.

it's an awfully quick visit. it's a start. we are pleased. i would prefer it being a presidential visit for fact finding and those kind of things as opposed to a political rally. but we're happy to have the president come down here and see a little bit of el paso firsthand. >> mayor, you said you want people to come see the border for themselves. what do you want the president to learn about el paso tonight? >> well, the fact that we are so, you know, intrinsically tied together that we are really one region, you know. i like to say we're three states, mexico, chihuahua, and texas, two countries, united states and mexico, and one region of 2.5 million people. we've been that way for almost 400 years. people also don't realize that el paso was originally on the south side of the rio grande until 1848. it's just hard for people to fully understand. we're not a small, dusty community. we're a large, metropolitan area

with over 2.5 million people. >> mayor, i appreciate your time and the work you do for el paso. thank you so much for being with us. >> thank you. >> always of note when a republican mayor cannot say whether or not the president of the united states will be accurate tonight in his comments. again, you're looking at live pictures from el paso, not far from where the president will be speaking right now. this is the counter protest. a rally, a march to make a statement by the people in that city with what they say the facts are in el paso. among the marchers, former democratic congressman beto o'rourke. considering a run for president. we will hear from him shortly. a lot more ahead as we get ready to hear from the president and beto o'rourke. as another shutdown deadline approaches, we'll get an update on the negotiations. as we take you inside the talks as one of the lawmakers tried to reach a deal.

and later, the president may have thought he was only insulting a political rival. in fact, his remarks have opened an old and deep wound in this country. keeping them honest on that, ahead on "360." each day justin chooses to walk. at work... and after work. he does it all with dr. scholl's. only dr. scholl's has massaging gel insoles that provide all-day comfort. to keep him feeling more energized. dr. scholl's. born to move. what sore muscles? what with advpounding head? .. advil is... relief that's fast. strength that lasts. you'll ask... what pain? with advil.

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this is the march. the counter demonstration. the numbers keep getting larger. people from el paso, trying to send the message that what the president has been saying about el paso is just plain wrong. and right there, that's beto o'rourke. lost the senate race to ted cruz. many people think before this month is out he will announce that he is running for president of the united states. not responding to questions just now. we do expect to hear from him very, very shortly. we will bring that to you live when it happens. we should tell you the president said he would be happy to shut down the government to get money for the border wall. at this moment, house and senate negotiators are debating that and other border issues, trying to head off another shutdown before friday. going into the weekend hopes were high they might get a deal done.

those hopes faded but now maybe they unfaded over the last few hours because they've sat down for another round of talks. dana bash is following the action. she joins us now. what is the status right now with this new meeting? >> unfaded is definitely the word of the night, john berman. this is something that is coming from the room where the negotiators are meeting inside the capitol on the senate side. our team up there is reporting that democrats and republicans are feeling much better about how things are going. in fact, one democratic aide has said negotiations are very, very close to an agreement. they are not there yet, though. and that is a big, big caveat. we've seen this movie before with negotiators feeling good and then backing away. we've seen the situation before the shutdown at the end of last year where everybody thought

they at least had an agreement to not shut down the government and things turned around when the president changed his mind at the behest of conservatives. however, there is optimism at the capitol tonight, optimism we haven't seen before with regard to finding an agreement. a big question is how much buy-in there is right now by the president of the united states. >> significant news they're meeting and are optimistic again. dana bash not in the room where it happens but sources in the room where it happens. going into tonight, there had been a new impasse over the number of people of undocumented immigrants who could be detained in the interior of the country. not at the border but the interior. democrats wanted to put a cap on the number of beds. does it seem like they've moved off that demand? >> unclear exactly what the details on that particular sticking point are right now, john.

but it is noteworthy that the public discussion for the last month-plus has been about the wall. at least privately, that has abated, it seems the white house has come down significantly in terms of the money the president was demanding, democrats have come up and there has been a major issue, which was out there. maybe on the back burner on whether i.c.e. should have less money and fewer beds for people who are detained. this is a very important issue for a lot of democrats. the focus had been on the big issue for the president. now it focuses on the issue for democrats. a lot of democrats before the election said they wanted to abolish i.c.e.

they're trying to put the pressure on to keep i.c.e. in check. >> we're looking at two events. the president set to speak in el paso in moments. below that, the counter rally, beto o'rourke, marching with demonstrators against the president. quickly, has the president weighed in? do we know what he would sign at this point? >> we don't. that is so important. it's the president's big issue. not just the wall, but the potential, we are told, to punt on anything that does not give enough beds for i.c.e. or is too easy on immigrants. >> whether it be new, we don't know whether he will accept that. dana bash, thank you so much for being with us. again, you're looking at the two

events taking place at this very moment. this all has to do with the battle over border funding and one of the people determining the future at the negotiating table, congressman graves. committee of the house appropriations. thank you for being with us. dana bash just told us there is new optimism that maybe the negotiators are moving closer to a deal. can i take it by your smile that that's true? >> dana has great sources, obviously. she did a good job of recapping the difficulties. optimism, maybe that's more optimistic of a word than i would use at this point. we went through hopeful to doubtful. but maybe things are starting to get back on-track a little bit. >> so, maybe optimistic is a little too optimistic. what is the status of talks right now? what are the sticking points? >> she was right, tracking into

the weekend i thought we were doing pretty well. into the weekend, the goalposts started shifting from the democrats. in the places that are no-go, just nonstarters. when we begin handcuffing law enforcement instead of handcuffing criminals that's not something we're going to support. nancy pelosi has a big test in front of her, this is probably her biggest test of this new speakership, frankly. can she navigate this process and get a funding bill to the president that he will sign? that's a big test coming up. >> democrats will say they want the criminals detained, but by capping the number of beds would force i.c.e. to go after the criminals, other than people they say are not deserving to be detained.

what's the current level of funding that you were discussing, ballpark, for new barriers? >> the president has been at $5.7 billion, the senate had passed $1.6 billion previously. those are the parameters i see them working in. working with zero and $800 million and other numbers, that makes it hard to negotiate in good faith. let's look at this from experts we've heard from. >> it's not going to be $5.7 billion that the president wanted for a border wall and frankly shut the government over in december? >> 5.7 is not what the president wanted. he was requesting that on behalf of customs and border protection. that's their request. it's not a number that i need or he needs. that's what they're requesting and asking, that they desperately need. these are reports and

presentations that we've all been a part of. it should be about providing resources necessary as requested by those on the front lines currently. >> congressman, appreciate you joining us tonight. we won't get ahead of ourselves and be too optimistic. thank you, sir. really appreciate it. >> still have a ways to go. thank you very much. >> jeff, you just spoke with beto o'rourke. what did he say? >> quite the scene out here, chants and cheers, beto 2020. we asked what this means to him. take a listen. does this inspire you to want to run? is this inspiring? >> this is inspiring. this is the border standing up for itself. this is el paso, telling our story. no one can tell it better than we can. a strong, secure community. this is who we are. >> does this make you want to run?

so you heard him there. he's not definitive if he's going to run or not. a lot of encouragement here. he is walking with his wife, amy, and their three children. his oldest son has been concerned about his father running for president. john, they're all walking together in this big crowd. it certainly seems like someone who is on the verge of jumping in. of course, long before he could ever take on president trump, he would have a big democratic primary campaign as well. john? >> jeff, quickly, the enthusiasm and chanting around you, is it more about beto o'rourke or about the event itself tonight and the president's speech? >> john, that is interesting. it seems much more positive about the idea of beto o'rourke running for president. we do not see as many anti-trump signs, as we often do. a lot of beto 2020. it's one of the things that he has surrounded himself with his supporters here. he also does not want to get linked with any negativity, he

says. boy, a campaign like this would certainly be negative. he ran a positive race in texas and he lost. hard to repeat that, john. >> jeff zeleny on the ground, marching with demonstrators, by what jeff is saying, more of a pro-beto o'rourke event than a protest against the president's speech tonight. we'll capitol continue to watch it develop. jeff zeleny with beto o'rourke just before he's set to speak to that crowd. the president launches the same old racist attack on twitter he has used so many times before, with a new twist. we're keeping them honest, next. (ala♪m goes off) wake up sweetie. ♪ doctor dave. see ya. ♪ here's your order. ♪

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a racist tweet. not only using his offensive nickname for senator warren but also referencing native american genocide. the president tweeted, quote, today elizabeth warren, sometimes referred to by me as pocahontas, joined the race for president. has she decided after 32 years this is not playing so well anymore? see you on the campaign trail, liz. this time he capitalized the word trail, which many people take took as a less than subtle reference to the trail of tears. one could make the argument that he hasn't read enough american history to understand the reference. but he is a fan of president andrew jackson, whose actions led to the trail of tears. forced relocation of native americans that led to an estimated 4,000 deaths and that's probably the low end. president trump put a portrait of jackson in the oval office. keeping them honest, we shouldn't have to say the

killing of thousands of native americans is nothing to make light of in a mean tweet, but here we are. let's be honest, we've been here for a while. >> pocahontas. that's elizabeth warren. massachusetts is represented by pocahontas, right? >> pocahontas. >> pocahontas. >> pocahontas. >> what an insult to pocahontas. i've got more indian blood in me than pocahontas. and i have none. >> you can have your own opinion about the way senator warren has addressed her heritage, what she's put on forms, and the backlash. that stands apart from the president's racist treatment of it. it is notable just how many examples of it we could find.

particularly this one from 2017. >> you were here long before any of us were here. although we have a representative in congress who they say was here a long time ago. they call her pocahontas. but you know what? i like you, because you are special. >> the white house position on that was, you guessed it, you didn't hear what you heard and surely the president didn't mean what he obviously meant. >> when is it appropriate for him to use a racial slur in any context? >> i don't think that was the president's intent. >> keeping them honest. when he uses racist slurs and makes light of genocide, perhaps the intent speaks for itself. so, we have just this minute received breaking news on the shutdown talks.

manu raju joins us with that news. >> i've just been in a gaggle with other reporters. talking to the leaders who have been trying to negotiate a way out of the government shutdown. democrats and republicans say they have an agreement, in principle, to avoid a government shutdown on friday. those law makers include richard shelby, patrick leahy, as well as house members, including the house appropriations chairwoman. they just told reporters they've come to an agreement to avoid a shutdown over key sticking points, including detaining people at the border. one of the sticking points over the weekend was to limit the number of people detained on u.s. soil, undocumented immigrants.

what's unclear is how that was resolved. me and other reporters tried to ask what was agreed to. they are not saying at this point. they're saying though they have reached this agreement, they believe they'll have the support within their respective teams. now, the hard part goes to put it on paper, making sure they have the votes in the house and the senate. and the big question, will president donald trump sign this into law? we'll have to see when it comes. but lots of optimism. a big shift from just yesterday. a sign that they could avert another government shutdown after the longest one in history of 35 days, of these very issues. perhaps they can avoid it this time. >> just to be clear here, manu raju, no details on what's in that deal, that's more than a little important here. any sense of whether this has any level of presidential sign-off? >> it's really unclear at this point.

but the republicans believe if something has broad support, the president will be hard-pressed not to simply reject it. he could declare a national emergency to try to get funding for his border wall, do it that way. he certainly won't get the $5.7 billion he has demanded for the wall. but right now, a lot of optimism about there not being a shutdown part two. >> joining me now, cnn political analyst kierstin powers, adolfo franco, and former adviser to four presidents, david gergen. david, what we know is they're telling us there's an agreement

in principle. we don't know what the agreement is, and that kind of matters. >> we don't. but it is very encouraging news for the country. it will obviously have to go to the senate and the house. but i would assume, before the republicans went back into the session tonight, they had talked to the chief of staff at the white house, and make sure there at least wasn't a no coming from the white house. they have to know the president wasn't ready with pen in hand to veto it. this has been a long time coming. they've averted what would be a real embarrassment and a terrible decision not to make it. we ought to thank them for doing that, appreciate that and say mr. president, this next move is up to you. it would be helpful in el paso if he didn't go after the

democrats hammer and tong and take the low road. >> terrific point, david gergen. this agreement comes 20 minutes before the president is scheduled to take the stage for what will be a political rally and as political rallies are full, often, of divisive rhetoric, that's texas senator ted cruz right there, the president's old foe, now friend, who does support the president's moves on the border wall. kierstin powers, to you, what do you think democrats will need out of this proposed deal from the 17 appropriators? >> well, that's the big question. obviously there's been a hang-up in the number of funding for i.c.e. detention beds. the question for me, is this a hill they're going to die on or is this something they're willing to give on? a lot of people have said this is something they inserted at the last minute. i'm told that's not true, that this is something that they were negotiating after the government

reopened. the question is, were they willing to give at all on the amount of funding? and the big question is, has there been a conversation with the president where the president has said i'm going to go go ahead and do the wall another way? >> that's one of the things that manu was getting at there. there is a sense among the republicans that if they agree to something, it will be hard for the president to say no. adolfo, we don't expect that the president will get anywhere near the $5.7 billion for a border barrier, if any new, real money at all. what do you think he might be willing to accept here? >> i don't know the figure. i think more telling will be if the word wall is included. that will be key. that's a political statement. i think that's what people will be looking for, or barrier. the figure that's been bandied

around is more or less the $2 billion figure. they've not been at the negotiating table but they've been quite engaged, the white house. in all likelihood they've signaled this deal is a go. however, if it's less than what has been requested, not by the president but by the administration and by the border patrol, actually, the 5.7, if it's less than that, they will look for the administration for other money that could be applied. there may be a little bit of a battle for that. i don't think the president will settle for $2 billion, he will find the money elsewhere to supplement what is in this package. >> i will tell you, it's an interesting picture. the banner reads finish the wall. you can see live pictures there. not build the wall. finish the wall.

so, a rhetorical shift there in the language. perhaps some kind of premonition that the president is looking for a way to declare some type of victory well short of what his initial promise was on that. david gergen, there is a sense over the last few days that whatever is agreed to among the conferees, the president might still declare an emergency or use executive action to get still more money for the wall. that would create new problems. >> it certainly would, john. and i would assume that negotiators are going to want some sort of answer from the president. does he intend to use his emergency powers? let's say you put in $2 billion in the agreement and he's still 3.7 short of what he wanted. is he going to declare a national emergency going after the 3.7? i think that would cause great heartburn for the democrats and would split the republicans. they wanted to make this the final deal. if he goes beyond the final deal

and actually unilaterally on the additional money, that's going to be a serious political problem even though the government won't shut down. >> we have to wait and see what he's going to say about this, when he learns the details of the deal. i'm fascinated about whether he will learn those details in the next 18 minutes, before he takes that stage here. >> absolutely. >> really? >> absolutely. very important. >> not to mention beto o'rourke, former democratic congressman from texas, he will be speaking and this could shift the parameters of what he says, kierstin. what do you expect to hear from him? >> from beto? >> yes. >> he certainly knows about this issue, el paso. it's where he lives. it's something that he's intimately familiar with. anyone who has ever talked to him about it knows that he's very passionate about it and very knowledgeable about it and can easily rebut, frankly, a lot of the claims that the president is making because he's right there on the ground. and the way the president has

described el paso really doesn't match up to the facts and so i think it's an interesting contrast. then you add in the fact that he is somebody that everybody is watching and wondering whether he's going to run for president. and so it's the kind of fascinating match-up that these two people are sort of coming head to head over this issue tonight. >> it just got a whole lot more fascinating, given the breaking news that there is this deal in principle to fend off this potential shutdown. if you were advising the president 16 1/2 minutes before he takes the stage and a principle deal in place, how would you advise him to talk about this now? mr. president, you may want to go at this in a different way so we don't have a shutdown in three days? >> i think the president has been successful. and i think the president is going to get out of this deal, i'm quite confident, more than what was suggested by the

speaker a few days ago, a few weeks ago when she said he would not get one dollar. i think that's the strategy. but overall on the wall, and beto, if i can on this, i would like to know if the mayor, who i think also knows, mayor margot knows about el paso and the people of el paso, if they would share mr. o'rourke's view that the wall or barriers, he has referred to them as racist. are they in favor of removing the barrier that resulted in 67% reduction in apprehensions? you saw the mayor earlier, the neighborhood in el paso near the border. people there have seen crime decline and feel much better about a barrier. i think this idea that el paso is against the wall or that people along the border think it's a bad idea, i think they see it as one of many tools that are necessary to not only

control crime but illegal immigration. of course, the border patrol shares that same view. >> i think the problem with what the president said about el paso, he lied about the crime there. >> well, maybe he wasn't -- >> he lied, said it was one of the most violent crime-ridden cities in america before there was a wall. and it wasn't. >> perhaps he was misinformed by the attorney general in texas. we heard that on your program also. >> there's also not a wall. >> it's a barrier, a fence. i've been there. i've seen it. you know, it varies. there's a wall in san diego, but it's quite -- i think it's quite formidable and is absolutely a deterrent. i don't think anybody can argue it's not a deterrent. >> it is there. it's a barrier. >> no one is in favor of taking it down that i have heard of. >> the mayor is not calling for that. david gergen, go ahead. >> i think we ought to keep very clear in our minds the distinction between a wall, a 30-foot concrete wall,

especially, paid for by the mexicans, especially, and continuation of putting more barriers up of the kind that we've seen under the obama administration. i mean, to proclaim this, the president got something really, really measured out of this, i don't think fits the facts. he is likely -- i'm sure they will not describe this coming out of there on both sides as a wall. maybe the republicans will call it that, but the democrats won't. they'll call it a barrier. and there is a distinction. >> david gergen, adolfo, kierstin. thank you so much for being with us. as i said, this got a lot more interesting over the last few minutes. >> also, more breaking news. a former white house insider is now suing the president. we'll tell you why, when we come back. i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine

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more breaking news from a and more sparks tonight one time white house insider. he is now suing the president and suing him in his official capacity. the "new york times" first broke this. he's claiming the president used his campaign organization as a tool of retribution against those that would speak out. andy, can you explain the nature of this lawsuit? what exactly is cliff sims suing the president over? >> the lawsuit alleges that the

president used the campaign organization as a quote, unquote, cut out to seek retribution against cliff for what he says is just using his first amendment right to tell his story in order to do something that he wouldn't be able to do as a president. so he had the campaign file a lawsuit in order to seek retribution against cliff. >> it's interesting to me because i had a chance to talk to cliff since the book came out and as sensational as parts of the books are, he still seems like a supporter of the president. has gone out of his way at times to say nice things about him. does this signify a split? >> yes. you're right his books fell in a different kind of category. it was talking about, as the title says, a team of vipers. it portrays other white house aids in a negative light while trying to maintain some loyalty to the president.

it generates multiple negative news cycles for the president and that's what he is reacting to more. we saw a delayed reaction from the president. he tweeted he was nothing but a gofer, so i think that if there was a balancing act that cliff was trying to pull off, what the president saw was a book that portrayed his whole white house in a negative light. but to the point about the nda, which is what cliff is claiming, what the lawsuit is about, there's no classified information being revealed in this book. it's about personalities. and relationships in the white house. without revealing classified information this lawsuit is challenging whether having employees sign nondisclosure agreements is valid at all. >> in fact, the president and this white house have been selective about enforcing the nda's or with which books they get upset about because i didn't hear any problems with the sean spicer book.

the corey lewandowski book. >> that's right. the suit outlines that saying they have used these lawsuits go after omarosa that wrote one of the first tell alls. and cliff. sean spicer wrote a very flattering book about the president. no problem there. so the lawsuit is saying it's selective and it's when it's an unfavorable news cycle the president tries to go after these people and when it's not, it's just fine. he doesn't care. >> what happens next now that this suit is filed? >> we'll see. with the number case, it ended up settling. this will be a case of whether the ndas they hold up in court. this tells a story about donald trump says and pointed out was the suit gets to the heart of what the president intends to do

for two years which is be a private citizen and the president at the same time. that's what this cut out gets to. that he can't do it as president but he's using the campaign to file the lawsuit. >> it will be very interesting to see what the courts have to say about it. >> thank you. thanks for having me. >> let's check in with chris to see what he's working on for cuomo primetime at the top of the hour. sir. chris cuomo. >> how are you doing, bud? >> you're on live tv. >> i didn't know which way to look. i still don't. >> at the camera. >> just what you always dreamed of. >> me, me, me, me. it's actually a nightmare for me. i always thought one of me was too many. we want to try to get castro. we're going to deal with traffic problems. people don't know the reality of tv. we're trying to get him on here. not only is he the only mexican-american in the race that wants to take on the president but his understanding of the border. he was the mayor in san antonio,

texas. what is real, what is needed. it will be good to get his take on that and then see. then this culture of outrage. representative in minnesota. representative, what did she say? what does the democratic party do about it? where is the equal outrage by the gop? and then we'll wind up the night with a picture that 50,000 words cannot do enough about. did you see don lemon at the grammys? did you see what he had on? >> i didn't. that's a good tease. >> well, there's a reason for you to get even less than the 18 minutes of sleep you generally get every night. we'll show you that. it will be worth the wait. always good to see you, jb. you're killing it in the morning. >> you sold me on that. thank you very much. i can't wait. >> wait until you see it. >> i can't wait. see you in a few minutes. up next on 360, more on the

pro and anti-wall rallies and more on the deal in principle to head off a government shutdown. stick around. (indistinguishable muttering) that was awful. why are you so good at this? had a coach in high school. really helped me up my game. i had a coach. math. ooh. so, why don't traders have coaches? who says they don't? coach mcadoo! you know, at td ameritrade, we offer free access to coaches and a full education curriculum- just to help you improve your skills. boom! mad skills. education to take your trading to the next level. only with td ameritrade.

really truly a full week of news and it's only monday. protestors and a possible presidential candidate raising their voices against the president's border wall while the president is there speaking out for it. beto orourke on one side and president trump on the other. and wall in between them. negotiators reach a principle agreement to keep the government open. when asked about two sticking points, barrier funding and detention facility capacity, one of the negotiators, richard shelby said, we got an agreement on all of it. more to come in the hours ahead which is why i hand it over to

chris with cuomo primetime. >> it's all about what that phrase means. we're going to get after it right now. i am chris cuomo and welcome to "prime time". on our watch, you have left and right clashing over the border in texas literally. you have the president on one side in el paso lying about a wall as a remedy for that city. i'll prove that it's not and on the other side, beto orourke saying it's not the same thing. you heard the breaking news. there may be a deal. we have to know the details. it's just the senate. what about the house. it's a big deal. so we'll take it up with the loan mexican-american so far to take on the president in 2020, and also the muslim congresswoman that set off a storm against israel and u.s. politics. sh