and ef 5s. hopefully the sun stays way thursday with another outbreak. >> thanks very much tom sadder reporting to our viewers thanks for wchg. i'm wolf blitz ner the situation room. erin burnett outfront starts right now. >> outfront next, the house judiciary committee issues subpoenas hope hicks and andy donaldson. will they testify. plus kmkt democrats divided over impeachment as more say it's time to launch proceeding willing. and does steve bullock have a chance at the house? he is outfront. let's go outfront. and good evening, i'm erin burnett, outfront democrat divided at a cross roads whether or not to begin impeachment proceedings again president donald trump. the debate intensifies as the white house resists every demand by democrats. just listen to the disagreement for yourself.

>> is it time to start impeachment inquire in. >> yeah, i think it is. >> the question is which would we open impeachment inquiry if we are winning. >> the impeachment process is inevitable. >> i don't want to impeach. >> okay. so divided. now pelosi, i don't want to impeach may even be facing a defection from the powerful chairman of the house oversight committee. one of the most powerful democrats in washington. >> now we're hearing more and more members talk openly about the idea of impeachment inquiry. are you there yet? >> i'm getting there. >> he is getting there. and more and more others are already there. there's been a shift in the past few days, the new two on the house judiciary committee mary gay scanlan talking on outfront about how there were whiches to get around trump's defiance of

subpoenas wutt depechement. >> i think there are whiches to get there without depechement proceedings. that was then this is now. a statement from congresswoman canalleden released in part saying the president's refusal to produce evidence or permit witness stemt dpois not only rule the law but base being protections of our constitution. the to him has come to start impeachment inquiry. okay. it is clear markets are divided over this huge decision of impeachment or not. and yet the house speaker nancy pelosi today nchzs there is nothing to see here. >> we doenl have division? well i don't know how they defines division but the truth is its is that is what she is face. thanks to images like in the empty chair, don mcgahn was supposed to be sitting scheduled to testify about the mueller report to answer questions about the report's conclusion, that the president asked him to

directly fire mueller. phil mattingly outfront live on capitol hill. phil how real is the pressure from democrat behind closed doors to get speaker pelosi to change direction and move ahead with impeachment proceedings? >> look, it's very real right now and not just what they've been saying behind closed doors. we've heard from multiple democrats bringing it up to the speaker that it's tame to change direction. you heard it in the open. a lot of the sound from democrats retire sent to challenge the speaker. now saying they are close ob need to be there. pan the reason why, in reflects the almost visserle frustration from democrats that in every corner and every effort on their investigations from multiple committees they have been blocked. when you look at the white house strategy of saying no to just about everything, whether a document request or it's a subpoena, it's been remarkably effective at least atsds to this point where this is where the speaker comes in in terms what have they shifrpgs. jed a district court judge

sidewood exacts relating to documents relating to president trump. that's part of the long game strategy the speaker has been trying to get across to members for months. eventually the courts will come through and side with congress. they need to be methodical and go through the process and it will pay off. but you get become to the phrase tracing for members. subpoenas fluted. ray administration saying flat out no to everything they request. they want action. when you don't sew don mcgahn in the chair even though subpoenaed. when there is question about whether robert mueller will testify and when. that's when democrats think they are missing the opportunity and missing perhaps what they are required as members of congress. ance that's why you see things where they are. it's important to note. speaker pelosi is the decider. and she has not change her tune. speaker pelosi has made clear two things as long as the senate is controlled by the republicans impeachment has no future for fruition she doesn't wants that. two there are a lot of democrats in winning seats in trump red

districts that won't don't want to talk about impeachment process. they said to talk about health care or infrastructure orp pharmaceutical costs. she doesn't want the focus off that. the question is can she keep members in line? history would say yes. she is good at the job based on all accounts from democrats in the caucus. but clearly questions and pressure rising at this point, erin. >> a bit of a soft insurrection. thank you very much phil. and now democrat congresswoman zoe love kbren a members of the house judiciary committee. i heard your time. you heard elijah cummings, the chairman of the house oversight kme. says he is get tlg on impeachment. where are you? >> i think we need to be very focused and methodical. we can't outsource the fact finding much as i appreciate what i was able to read of the mueller report we need to the evidence behind it. we need the material redacted. we need live witness testimony. and that's what we need to focus

on. it is frustrating and wrong that the president is blocking our ability to get that. but we have to go to court to do that. >> so what i'm trying to understand is you have to go to court and if a court rules in your favor it's appealed by the president. and, if you are baiting to have a defiance of a final court order up to the supreme court, i mean you could be waiting a weier year, more than that. are you saying that's a time line? >> having an impeachment inquiry doesn't change that. you still need to go to court to get subpoenas forced. the i word doesn't change what you need in order no get subpoenas in forced. we in a great court ruling yesterday because the president's view is not only wrong it's garbage, it's ridiculous, laughable. the court basically said this is nothing. >>en on the accounting firm, the mayzar and financial. >> there is no basis for what the president is saying.

to say that every -- every executive officer is immune from testimony, it's ridiculous. it's ridiculous. >> you are saying you would wait until the process goes through and even if impeachment proceedings were launched you're fallout ali getting information you still str to fight the battle. >> exact same process. >> you have to wit until legal process is done. >> unless you say we don't have a process which i don't marry anyone saying you're in the exact situation of getting the subpoenaed frs inned by a kwort. >> usual not interest waiting for the court. >> i think we have to do our job and our job is requesting do involve the third branch of government no plaert what you say about impeachment. >> okay but you obviously have where you stand and where others stand, look more female mary gay scanlan. they are where you are and now they are saying we have to start in now. key members of your committee on the list.

speaker pelosi i don't know if you heard here it was hard to hear but she said, what about the division of your party? she said there is -- we don't have division. i mean there clearly is division can she manage it. >> no. i think there is different strategies to get to the truth. that's different than ha knife fight and a division and democrats. this is my- i worked op the knicks. impeachment when i was on the staff of don dwrds. i was on the committee during the clinton impeachment. so this is not my first rodeo when it comes to misbehavior in the executive branch. and there is a process you have to go through. it's frustrating. but you have to do it. you. >> but do people under that process does david sis lynnny understand this in i don't say it petition jortively but a lot of people who know poolt are not coming to the conclusion. >> they are valued members of our committee and caucus. i don't want to speak for them.

i have had several members come to me today to say they had not realizesed that you'd still have to go to court. so i think that is an important component. >> homoyou think -- you might see tamping down from them. >> i don't know. >> let me ask you what congresswoman alexandria ocasio-cortez has said. obviously she spoke -- is pro the process. here is what they said today about democrats not impeaching president trump. >> choosing to not impeach when there is an abundance of evidence could also be construed as politically motivated as well. we can't be scared of elections. we need to uphold the rule of law >> to her point, does she have a point that, you know there is right and wrong and there is politics. and the constitutionally right thing to do is to go ahead with in who gar will care f2 it means democrat lose re-election? you got to do the right thing. >> i think that's right. but i think it's absolute you can't outsource the evidence

collection to anybody else. that responsibility falls in the hands of congress. that's what we have to do now. when we finish that, then we'll see what we do next. >> quickly before we go your committee issued subpoenas. i mentioned for the former white house communications director hope hicks and the andy donaldson who was the staffer for don mcgahn. do you think they will appear. i think they should. if they follow the pleas of the president, they may not. but we are getting quit a few subpoenas here that we will be able to bundle up to a courtroom. their position is really untenable. >> all right. thanks for your time. >> thank you. >> and next breaking news about the truch's tax returns. the "washington post" has now obtained the draft irs memo that says the returns must be given to congress. contradicting the treasury secretary steve mnuchin. the reporter who broke that story is outfront secretary of housen and urban development

unable to answer a basic housing question. ben karsz. >> do you know what an r.e.o. >> not oh o other owe an r.e.o.? >> congresswoman katie porter who asked that question is outfront? and the fight for 2020. governor steve bullock of montana says he can beat trump. how? well, he is my guest. this is not a bed. it's a revolution in sleep. the sleep number 360 smart bed is on sale now during our memorial day sale. it senses your movement, and automatically adjusts to keep you both comfortable. it even helps with this. so you wake up ready to hit the ground running. only at a sleep number store. during the memorial day sale, save $1000 on the new queen sleep number 360 special edition smart bed, now only $1,799. only for a limited time. sleep number. proven, quality sleep.

there's thousands of ingredients out there. the freshest stuff this planet can grow. not buzzword fresh. but, actually fresh-fresh. fresh. at panera, we hand-pick berries at peak-season. use creamy avocado. cage-free eggs. and a dressing fit for a goddess. oh and every ingredient is 100% clean. come taste what a salad should be. and for your next event big or small, try panera catering. panera. food as it should be. you wouldn't accept from any one else. why accept it from your allergy pills? flonase relieves your worst symptoms including nasal congestion, which most pills don't. flonase helps block 6 key inflammatory substances. most pills only block one. flonase.

(kickstart my heart by motley crue)) (truck honks) (wheels screeching) (clapping) (sound of can hitting bag and bowl) (clapping) always there in crunch time. mom, what's for din-ner? just water. lots and lots of water. you wouldn't feed your kids just water, so why starve your plants? feed their hunger and get twice the results. new miracle-gro performance organics. wouldn't it be great to get a phone too?et a wireless plan, switch to sprint and get an unlimited plan with the samsung galaxy s10 included. for just $35 a month. it's a big deal. for people with hearing loss, visit sprintrelay.com

but some give their clients cookie cutter portfolios. fisher investments tailors portfolios to your goals and needs. some only call when they have something to sell. fisher calls regularly so you stay informed. and while some advisors are happy to earn commissions whether you do well or not. fisher investments fees are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management.

breaking news, a confidential draft irs memo, a legal memo says that president trump's tax returns must be turned over to congress. unless the president exerts executive privilege. according to the "washington post" which obtained a copy of the memo. the memo says supplying the returns to the ways and means committee which is the committee requesting the subpoena, is mandatory requiring the treasury secretary to disclose returns and return information requested by the tax wrierg chairs. the reason this is so significant is it's a direct contradiction of secretary mnuchin in the trump administration. they have said that they cannot comply because the request lacks a legislative purpose. but obviously the sbrernl memos it doesn't say it. josh dossi broke the story. so josh in confidential memo seems to directly contradict the response we have heard again and

again from mnuchin. there is no legislative purpose. this appears to say there is a legislative purpose they have every right to get it. that's not an issue taufl, right. >> well treasury secretary mnuchin has as i said has denied the returns arguing there is no purpose for demanding them and they had only will give me over documents for legitimate legislative purpose. informs a draft memo was written in so 2018 as it was clear democratss were taking the house and requesting tax returns and other information. and this memo, the irs lawyers looked exhaustively threw case law. appear what they say is that disclosure of the tax returns is the committee is mandatory requiring the secretary disclose returns and information requested by the tax writing chairs unless mink executive privilege is exerted. the ten-page further document says the secretary is not able to exercise discretion in disclosing the information

provided the statutory conditions, you know, are met. i'm quoting from there. what it is saying that the loophole that the administration mass cited in denying these returns, the irs lawyers who study this does not think that would be an acceptable way to block the tax returns. >> okay. so that's obviously hugely significant. as you point out the memo you obtained, josh is ten pages long. executive privilege. first of all, it's rarely used. you know this didn't use it for example during the mueller report, right, during the investigation. so that's significant that would be very rarery done. but even if he were to exert executive privilege in this case does the memo weigh in on whether it would hold up, whether that would reply. >> what it says is that's untested waters to be clear. democrats saying the 1924 hau

the irs shall turn over tax returns to congress does not say whether executive privilege would be a reason to be defied or not. but the executive privilege has proliferated in recent years. for the president and his -- this energies and other dmgss don't give over information. and it would take a higher court ruling, maybe all the way to the supreme court to determine whether executive privilege could be exerted. what the lawyers who analyzed this for the irs steve camp o's office said it would be only way to avoid it. >> thank you very much. josh obviously pretty significant information here. as it comes to the president's tax returns. what he set as a red line there is no whichever that anyone is going to see any of those. outfront now john dean white house counsel for president iks nixon and frrm associate counsel for president trump jim schultz. let me get your reaction, first, to the development in this memo. obviously it is a draft memo, right. it's a draft. but it does directly contradict

what the treasury secretary has been saying which is you lack legislative purpose. the lurs at the irs doesn't seem to think that's an issue. what's the significance of this to you. >> well it's an interesting twist given the fact that they really attacks the subpoena or the effort claiming there was no legislative purpose. that's very easily dismissed as was it was by judge mede in the admission schedule. >> on the accounting firm information, right on the other subpoena, right. >> exactly. so it would be a -- a very, very weak effort if he invoked executive privilege. because the law is very clear. it's mandatory. it says shall. and nixon, for example, didn't fight it and turned over his own tax returns when the joint tax committee asked for them. and that -- they are included in

the 1924 law. i just think this is another twist in the story. and it's not going to hold up in court anywhere. en and they're going to proceed ultimatery the ways and means committee is going to get the tax returns. >> jim, let me ask you obviously the memo, draft memo seems to say executive primeval in this case would be the only way for the president to not do that but it's untested. it would probably go to the supreme court as josh was saying. is there any question in your 19 that the president would exert executive privilege in in case or are you not sure? >> i think, look, john makes good points. but one thing we can grow on, john a lot of times two lawyers don't agree that's why we have courts to sort it out. but what i think is interesting, though, is the argument that this was -- law was passed in 1924 following the teapot dome scandal and that involved broib are you happening during the administration. and the intent as a result of that, the intent of the law was

to cover the duration while the administration -- while the administration was in office. and in this case that's just -- they're asking for tax returns dating back years and years and years. so do i think there is some serious argument in court on this? yes. do i think the president's got some really strong arctics as it relates to tax returns before he held office? i think so. >> okay. but why, jim because you know the players here, why does the treasury secretary say that the reason is -- the request from the committee lax legitimate legislative purpose when his irs movie says that's not true. why oh would he do that. >> the intent of the law here the legislative purpose would be something that occurred while the president was in office. i think that's probably the argument -- that the government is going to make here. and we'll see how the courts sort it out. >> right, look i see what you are saying why is the treasury secretary going against his own lawyers? >> hold on he is not going against his lawyers that's a

draft. i ran a government. >> it's a draft it's a draft but this is a memo i mean. >> we had a lot of lawyers who -- a lot of process that went through the legal memos and john understands this very i don't think whether you are finding someone to say what you want them to to say it goes through levels of analysis and up the chain in this case you're talking about a you knowier lawyer and never made to the actual treasury lawyers and the chief council of the treasury department sfl zbron let me raise the point because jim is talking about things before he was in office. in the case of this president when he is currently accessing a trust, right which has money coming into it it from all sorts of -- from his properties. and we don't don't nope who pays the money or bying those things. knowing who those people are, where the money is coming in knowing the past trails of the money could be hugely important to determining whether hisless policy is influenced by his pocket. isn't that an argument that lawyers -- that they would make to overall this overrule the

privileges. >> jim is right there is lots of lawyers at the irs and in the treasury department. you might not get all to agree. i think you made a good point, erin, that this is really they're making excuses thp. they don't want to comply with the law. they're going to do everything they can to try to tie it up as long as they can. they'd like to get it you will a the which to the supreme court. because that way it would delay until after the 2020 election. but ultimately i think that law will prevail. i think it will be yun held. >> all right. thank you both very much. we'll see how this develops. next ben carson, the head of housing and urban development is asked about foreclosure central to being the hud secretary. here is what happened. >> do you know what an reo. >> the oreo. >> not an oreo an reo? >> komtz at the center of that exchange is outfront. and the fight for 2020

democratic governor steve bullock of montana is outfront. your friend orders a fridays sirloin steak and big ribs. you one-up him with a steak but add a steak, figuring steak and steak trumps ribs and steak. but, does it? fifteen combinations. steak, ribs, shrimp, and more. two meats. two sides. $14.99 yesss, i'm doing it all. the water. the exercise. the fiber. month after month, and i still have belly pain and recurring constipation. so i asked my doctor what else i could do,

and i said yesss to linzess. linzess treats adults with ibs with constipation or chronic constipation. linzess is not a laxative, it works differently. it helps relieve belly pain and lets you have more frequent and complete bowel movements. do not give linzess to children less than 6, and it should not be given to children 6 to less than 18, it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach area pain, and swelling. i'm still doing it all. the water. the exercise. the fiber. and i said yesss to linzess for help with belly pain and recurring constipation. ask your doctor. if you have moderate to severe plaque psoriasis, every day can begin with flakes. it's a reminder of your struggles with psoriasis. but what if your psoriasis symptoms

didn't follow you around? that's why there's ilumya. with just 2 doses, a majority of people were clear or almost clear. and over time, even more people were clear or almost clear. all with dosing 4 times a year... after 2 initial doses. plus, ilumya was shown to have similar risks of infections compared to placebo. don't use if you are allergic to ilumya or any of its ingredients. before starting treatment, your doctor should check for tuberculosis and infections. after checking there is no need for routine lab monitoring unless your doctor advises it. ilumya may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or have symptoms, or if you plan to or have recently received a vaccine. this could be your chance to leave your psoriasis symptoms behind. ask your doctor for ilumya today, for a clearer tomorrow. everyone could use a little romance... even your feet.. the (new) amopé pedi perfect with diamond crystals gives you smooth results in just seconds that you'll fall in love with instantly. available at walmart in the foot care aisle.

here'sshow me making it. like. oh! i got one. the best of amy poehler. amy, maybe we could use the voice remote to search for something that you're not in. show me parks and rec. from netflix to prime video to live tv,

xfinity lets you find your favorites with the emmy award-winning x1 voice remote. show me the best of amy poehler, again. this time around... now that's simple, easy, awesome. experience the entertainment you love on x1. access netflix, prime video, youtube and more, all with the sound of your voice. click, call or visit a store today. new tonight, housing and urban development secretary ben carson having this embarrassing exchange during a house hearing today. >> why is f.h.a. to use a term that i think we can both understand, lousy at servicing mortgages. >> okay. i have not had any discussions about that particular issue. but i will look it up. find out what's going on. >> as you look it up i'd also like to you get back to me if you don't mind to explain president disparity in the the

reo rates. >> an oreo. >> not an oreo an r.e.o. r.e.o. >> real estate. >> what's the o stand. >> organization. >> real estate owned when a property goes to foreclosure we call it an r.e.o. and fha loans have higher reo if they go to foreclosure rather than to loss mitt gigs or not foerngz like short sales he i'd being happy if you had like to have you work with the people who do that. >> okay. so the top housing official in the country that's who ben carson is not a person off the street where you throw an acronym a top housing feshl official in the country asked about foreclosures and thought it was oreo cookies making a joke parental online taking a photo with a package of oreos

okay. rea. that's @representative choreo he spent her a note thanks for the part in food's hearing hope you like these oreos. democrat congresswoman katie porter outfront. congresswoman let me just step back to the beginning what was your initial reaction to your exchange with secretary carson. >> i was disappointed. i was asking serious questions about serious problems that americans are facing. the foreclosure rate continues to exist at fha and the foreclosure proceedings and processes have been bad for over 15 years i worked on the issue. i was coming with a series of serious questions and i was hoping to get serious answers. >> so obviously he was not familiar with what r.e.o.'s are. why is that so important? why are they important? he of course is the secretary of housing and urban development. >> one cht things we heard from the secretary today was was a

lot of effort to dodge questions and say it's the responsibility of congress or the responsibility of lawmakers. but fha, our nation's prem yerp program for len fog first hadden time home biepers that is 100% with within his responsibility as a result of the question li problems with foerngzs and conveyance process, with the servicer faes as a result of that, what we see is that a lot of people are not being able to afraid fha loans because the servicing costs are high are. this is ultimately a credit access issue. >> so -- so i just showed the tweet where he is now trying to have fun with the exchange. posing with oreos saying he is sending some. what's your reaction did he send them. >> he sent a family of double stuff oreos to our office. while i was pleased to receive koerpz from him what i'm looking for is answers. so i hope this is the first of a series of things that he sends to my office and i'm looking forward to receiving substantive answers how we can better help home owners finding themdsing

strul struggling to make ends meet. >> i played your exchange which was meaningful on many levels. i want to play two heated exchange the secretary had with your colleague. these. >> do you believe the substandard public housing conditions pose a risk to tenants physical, mental and emotional mental health. >> you already know the answer to that. >> yes or no. >> you know the answer. >> yes or no. >> i know the answer do you know the answer yes or no. >> reclaiming my time. >> you don't get to do that. >> the time belongs to the gentlelady. >> would you like your graerpt live in public house sfwloog you know very well. >> would you let them live in public housing under your watch at your helm would you allow yor groerpt to live in public housing under these conditions. >> it would be very nice if you would stop acing. >> was she out of line i'm not giving him a chance to answer or was he out of line? >> look, i think that she was trying to get an answer to the

question. and he could have given her one. i think part of what we feel at the end of a very long hearing is somebody who like mr. carson secretary carson continued to evade questions. she's really asking a straightforward question. it has a yes or no answer it's unfortunate he didn't give her one. the hearing could have moved on to address the substantive concerns. >> there were different tones in the hearing though. i want to play his exchange here with two other people. and everyone will understand one is a man one is a woman here you go. >> all right so you're going to ship 5 a thousand from being with their families to then to a homeless status -- status what's going to happen with these children? slew thought this program through. >> maybe what will happen sthau and congress will do your job and solve the problem. >> i think the i was disappointed ebrahim with the negative impacts understanding that there may be rationale reasons for looking at this -- but the negative impacts of proegtd with the mortgagee

letter before doing a formal rule making as has been prfl previously promised. >> your point is well taken. >> they were both democratss obviously you're a democrat congresswoman pressley is a democrat. was there a difference? how he handled thee questions from women and men. >> absolutely there clearly was. i think that this is something we saw. one of the reasons i asked the questions i did in a very kind of low key factual tone what is your position on this what do you know about this was i didn't want to escalate the conversation i wanted to start one. and i think what we saw from secretary carson with so many of the questions was an effort to kind of evade and dodge gichg answers to the american people which is the very point of him coming in to testify. it's nice that he gave mr. mcadams my colleague an answer but the rest on the committee including the women, the young women we deserve answers as well. >> absolutely thank you very much. congresswoman potterer i bresht your time. >> fwrout output front next.

governor steve bullock says he can win in trump country. what makes him so sure? he is mo guest and a republican congressman culls for trump's impeachment. what do voters in his district say. >> he kind of laid the outline of impeachment. and the trump did obstruct justice. ♪ ♪ ahhhh! ♪ we're here. ♪ ♪

dealing with psoriatic arthritis pain was so frustrating. ♪ my skin... it was embarrassing. my joints... they hurt. the pain and swelling. the tenderness. the psoriasis. i had to find something that worked on all of this. i found cosentyx. now, watch me. real people with active psoriatic arthritis are getting real relief with cosentyx. it's a different kind of targeted biologic. cosentyx treats more than just the joint pain of psoriatic arthritis. it even helps stop further joint damage. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor about an infection or symptoms. if your inflammatory bowel disease symptoms develop or worsen, or if you've had a vaccine or plan to. serious allergic reactions may occur. i got real relief. i got clearer skin and feel better. now, watch me.

get real relief with cosentyx. there are healthy snacks, there are tasty snacks, and then there are kind bars. made with ingredients you know and love. like whole nuts, real fruit and a drizzle of dark chocolate. do your tastebuds and your body a favour. do the kind thing. etsy is the place to the things we hold on to. sold by real people and made for all of life's moments. our belongings don't just show what we care about. they show who we are. shop etsy.com

tonight in the fight for 2020, the feel of democrats may be getting bigger but so are joe biden's poll number a new poll from quine pay ac by 20 points. and interesting tidbit among this. this is worth noting democrats who say they are paying a lot of attention to the presidential campaign when you just look at them biden does even better. he gets 42% of the vote and sanders goes down to 8. how does a candidate just entering the race last week try to gain traction process outfront now presidential candidate and the governor of mt. steve bullock. and governor i appreciate your time tonight. people started form opinions about the race. some more sal i had people following this closely. how will you break through? yeah, erin -- i only just got in this because my legislator just ended had to get medicaid expansion renewed for 100,000

montanans i think how i'll break through the way eye i've been successful in montana the only one in the field that actually won in a state where trump won. he was on the ballot in 2016. he took montana by 20. i won by 4. i've been able to bridge divides and get meaningful progressive things done not only just health care but freezing college tuition, getting dark money out of our elections. i think i've done more for kind of the original sin, and that's addressing the corrupting influences of outside spending in our elections and anybody in the field. so i think i offer something unique even in this big field. >> so let me ask you because you point out obviously something that stands out about you which is that in 2016 the president won montana by 20 points you won repeeks as the democrat being governor in the same year. so i'm curious, governor, what do you have in common with trump that you both were successful in this same state at the same time? >> well, i don't know that we

have candidly that much in common but i know that montanans even if they disagreed with me in some areas fundamentally thought that i'd be fighting to make their lives better. and i think really when we look at it there are so many folks you could say yeah, the economy is booming. but whenor average american wor hasn't had a pay increase in real terms. when you turn around and say 44% of our country if there was an emergency they wouldn't have $4 oh oh in their pocket, that really a lot of folks don't feeling the economy is working for them. i think folks in montana certainly knew that i'd wake up each day trying to make both economic life better, health care, education and i think that some people voted for donald trump because like this system, the economy, and washington, d.c. isn't working for them so they said why not? >> so, look, you're a direct person. i want to take coal as a example. trump is procoal. most of your democratic rivals

treat coal as villain. when hillary clinton was against coal you were blunt with no way to quit coal in 15, 20 years. you come from a governor of a state that knows about energy. a main spoken person. can you sell that view to democratic primary voters who hear that and way, whoa, that can't be a democrat talking. ? >> no, sure, and look i had the worst fire season of my state's history two years ago. we're up near glacier national park right now. come son because the glaciers are melting. chiemt change is something we have to address. at the same time that i've doubled thement a of wind capacity in the last six years pb four times the number of solar. also recognized that all the scientists say that we have to be carbon nurt by 2050 i think we can do it sooner than that. i think ultimatery you are

seeing lower emissions and lower energy production from coal more closures in the last two and a half years than eight under obama. so what we need to be doing is moving forward, rejoin paris. we can't do this alone. chf emits twice as much co2 as we do. we need to turn around and say cafe standard nas trump repealed not even the auto industry and we need to set both the long-term and short term goals to become carbon neutral injury we can do that. >> but if you think we can do that are you changing view on coal it sounds like you're saying there's been more elimination under trump than there was under obama and you think we can do it. >> well there actually has been more. and in many respects you're dealing with you know plants that were built 40 years ago, 50 years ago. and the world's changing in that respect. we need to harness technology

every way we can. if there would be a way to use coal that is capture the the carbon less greenspan gas intensive, obviously technology ought to look at that. but the other thing we have to recognize is that -- and i think we can make big bold steps in the united states but we can't do it alen because china and the rest of the world will be continuing to burn fossil fuels. >> so governor, i want to ask you because obviously you're a governor, also the former attorney general for montana. and i want to ask you about be something preet bhar tweeted the other bay whether democrat candidates would consider pardoning trump if averaged after leaving office. as a former attorney general what do you think? >> that whether- one more time on that erin i missed that whether. >> preet bharara saying it was worthwhile to ask democrat he can candidates is it trump is charged after he leafed office would you pardon him?

>> no, i would not. >> all right. there's a direct answer. >> no, no. and -- and i think to step become, look, congress feeds to be doing its full investigatory functions. and the executive branch actually has to be responding. what we are seeing is even when lawyers who are expected to follow the rule of law, officers of the court aren't showing up for hearings we have a big problem. did i think nine trips or stops in iowa last week. great, saw incredible energy but folks were talking about you know how is government to work for them a lot more than they were the investigations. >> fair point and i prshio are time, governor. thank you. >> erin, thanks for having me for sure. >> one of the governors rivals vying for the democrat nomination beto o'rourke life at 10:00 on cnn townhall tonight. and next congressman justin amash saying president trump

engaged in impeachable conduct what do the voters back home in michigan say. >> i think his actions and verbiage were inappropriate but perhaps he is impeachable. >> plus democrat subpoena the chief of staff for don mcgahn who is annie

to night house minority leader kevin mccarthy says congress justin am madge the first to call for trump's impeachment says he's out of step with his conference and out of step with america. but what do voters in the western michigan district think? athena jones is on the ground. >> reporter: michigan congressman justin am mash isn't worried about his political future. despite drawing a primary challenger after becoming the first gop member of congress to call for president trump's impeachment. the break with his party prompting the president to label amash a loser. >> he's been against trump from the beginning. personally i think he's not much. >> reporter: here in his congressional district, it's

mixed. some are praising him. >> this past weekend he laid the outline of impeachment and trump did obstruct justice. i think our president is kind of acting as a mop boss. >> i definitely think the impeachment process should begin because not doing something will be sending a message to people who may not be paying attention that it's not as serious -- there's still more investigation to be done. it's not as serious of an issue as i think it is. >> reporter: meanwhile, michelle zuba led several trump supporters we met. several of whom declined to comment on camera, disagreed with amash. she has a problem with some of president trump's conduct, but doesn't think he crossed the line. >> i think his actions were inappropriate but perhaps not i78 peachable.

>> reporter: amash was a founding member of the freedom caucus, a greep that has staunchly defended the president. he's the first republican to express support for an independent investigation into russian interference into the 2016 election. what impact his latest moves will have on his political fortune is an open question. one thing he may have going for him? even voters who don't support amash see him as honest and principled. >> i think he's speeching his mind. most of the time i don't agree with him. but i'm not sure this is political calculation as much as his honest perceptions of the mueller report. >> reporter: congressman amash won his last election with 54 poi54.4% of the vote without a primary opponent. now jim lawyer has decided to challenge him, that 2020 will be more of a fight.

speaking of 2020, some political observers believe amash's latest moves are about getting attention for his own race for president in 2020 possibly as a third party candidate. >> athena, thank you very much. next democrats subpoena the woman whose notes are at the center of the most controversial and momentous moments in the mueller report. so who is annie donaldson. introducing the all-new 2019 ford ranger, it's the right gear. with a terrain management system for... this. a bash plate for... that. an electronic locking rear differential for... yeah... this. heading to the supermarket? get any truck. heading out here? get the ford ranger. the only adventure gear built ford tough.

driven each day to pursue bioplife-changing cures...ers. in a country built on fostering innovation. here, they find breakthroughs... like a way to fight cancer by arming a patient's own t-cells... and a new therapy that gives the blind a working gene so they can see again. because it's not just about the next breakthrough... it's all the ones after that. yesss, i'm doing it all. the water. the exercise. the fiber.

month after month, and i still have belly pain and recurring constipation. so i asked my doctor what else i could do, and i said yesss to linzess. linzess treats adults with ibs with constipation or chronic constipation. linzess is not a laxative, it works differently. it helps relieve belly pain and lets you have more frequent and complete bowel movements. do not give linzess to children less than 6, and it should not be given to children 6 to less than 18, it may harm them. do not take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away. other side effects include gas, stomach area pain, and swelling. i'm still doing it all. the water. the exercise. the fiber. and i said yesss to linzess for help with belly pain and recurring constipation. ask your doctor.

listen to your mom, knuckleheads. hand em over. hand what over? video games, whatever you got.

let's go. you can watch videos of people playing video games in the morning. is that everything? i can see who's online. i'm gonna sweep the sofa fort. well, look what i found. take control of your wifi with xfinity xfi. let's roll! now that's simple, easy, awesome. xfinity xfi gives you the speed, coverage and control you need. manage your wifi network from anywhere when you download the xfi app today. the house judiciary committee tonight subpoenaing don mcgahn's former chief of staff annie donaldson. her notes were cited more than 65 times in mueller's report. tom foreman is out front. >> they're going crazy because when the all rigmueller report

collusion. >> reporter: the president is bashing the comments as his team blocks white house attorney don mcgahn from testifying before congress. now it's turning to his then chief of staff annie donaldson tallie. a staunchly conservative lawyer, donaldson's lawyer appears 67 times in the redacted mueller report. her notes of meetins between mcgahn and trump are at the center of the most embarrassing and controversial moments, including her speculation that trump's decision to fire james comey would destroy his presidency. is this the beginning of the end? her reference one day to being just in the middle of another russia fiasco. she recorded details about efforts to pressure attorney general jeff sessions over his recusal from the russia probe and about trump's interest in canning special counsel robert mueller. when the report emerged and the impact of donaldson's words were

clear, the president's response was swift. watch out for people that take so-called notes. >> nobody has ever done what i've done. i've given total transparency. >> reporter: ob cure players have loomed large in political dramas before. >> i did not having sexual relations with that woman. >> reporter: way back when president bill clinton's tryst with monica lewinsky exploded, his personal secretary betty curry became a target in the probe. her recollections about meetings, gifts and more. as the watergate scandal unfolded around president richard nixon --. his own tape-recordings and memories from at times lower level players also added up. each may have been just a snippet but they built the case that nixon had to go. donaldson now works for a law firm in alabama. she's not talking about what she saw or heard, and the white house insists the president has a right to keep it that way. but some in congress disagree.

they still think he broke or bent the law, and they would like to see donaldson or at least her legal pads. erin? >> thank you very much, tom. thanks to joining us. anderson starts now. good evening. we are one house subpoena defied and two more issued since the last time we met. with that, a single question with as many legal, political and psychological dimensions to it as there are no bad metaphors to describe it. namely, how fast and how far will democrats push the impeachment process? now that calendar days are also campaign days, every new development affects and complicates how each player approaches that question. just as an example, there's what happened today. former white house counsel don mcgahn defied a subpoena refusing to appear before the house judiciary committee. committee chairman and democratic