a very long time and it's worth it to them and they've gotten a lot of mileage on social media. >> it's selfie time. >> m.j. lee, cnn, new york. >> all right. the news, let's hand it over to chris for "cuomo primetime." i went home at 9:30. i live near there. there was still a line. i was like what are these people waiting in line for? i thought it was a new ice cream store. >> that's always a chance. not an unreasonable assumption. we have the "wizard of oz" here to take us inside the numbers. thank you, my friend. welcome to "primetime." in my hand, new information about that whistleblower claim that the dni has not sent to the house intel committee. this is their explanation for why it's not going to happen. where it stands, what is likely to follow, we'll take you through it on our watch. today of the first impeachment hearing did hauling in the

president's ex-campaign manager help or harm the democrats' potential be obstruction case? cuomo's court is about to convene. it's the perfect night for it. and if the president really loves hispanics, more than the country as he said last night, he sure has a warped way of showing it. we have a trump loyalist caught in the middle of the latest mega rally madness. and sean spicer drumming up a deep stage conspiracy after his "dancing with the stars" debut. we have some hard truths for our lime lad. what do you say? let's gets after it. all right. so look, on the impeachment front, democrats had to know what they were going to get from corey lewandowski at this first official impeachment hearing -- nothing but a fight. >> how many times did he direct you to deliver a message to a member of his cabinet? >> the white house has directed i not disclose any discussions with the president. >> did he ever discuss with you

he may have committed a criminal offense? >> the white house has advised i not disclose any -- i recognize that the privilege is not mine. i'll be happy to answer your question or you can just have a conversation by yourself. >> this is a house judiciary. not a house party. >> nobody in congress has ever lied to the public. sorry. >> is that an admission you did lie? >> absolutely not. i have no obligation to be honest with the media because they're just as dishonest as anybody else. >> do you have a thought as to why we continue to engage in a charade that is overwhelmingly opposed by the american people and fundamentally misunderstood by my democratic colleagues? >>, you know, congressman, i think they hate this president more than they love this country. >> all right, not sure what this hearing means for the future of any impeachment pursuit, but if this president didn't do anything illegal as lewandowski claimed then why get strict marching orders to keep a lid on

it? there's also breaking news tonight on that subpoena issued by house intel chair adam schiff to the president's acting d.n.i., joseph maguire. his office has failed to comply with a whistle blowing request. let's bring court into session. asha, let's deal with this instant matter from the dni. the dni says it's sensitive to the executive branch, it's not about intelligence so you do to the get it, adam schiff. have you had a chance to see this letter? >> i've had a chance to review it briefly. here's the problem is that the law basically gives the inspector general the authority to determine when this information needs to be turned over to congress. it does not give the dni the opportunity to second guess that determination. and let's just remember the reason that congress has this

oversight power over intelligence functions is precisely because of all of these abuses and deep state conspiracies that, you know, the trump administration tries to propagate. in other words, if they believed all these things are happening in the intelligence community, there is oversight. this is how we get transparency. that's why we have this law to turn over whistleblower complaints so that congress can see exactly what is going on. >> so they say here the complainant raised the matter with the inspector general, the icig, and that's why the identity has been protected from others within the dni, we're not going to permit the complainant to be subject to -- that's the whistleblower part. they said given those protections the complaint forwarded to the i.g. doesn't meet the definition of urgent concern. it says it should be serious allegations relating to the funding, administration and

within the intelligence activity concerning a dni. this concerned conduct by someone outside the intel community and did not relate to any intelligence activity under the dni's supervision. satisfied? >> yeah, this is going to be the typical push and pull between the executive branch and congress. i suspect this will get worked out between the two of them at some point in time. this is somewhat of a delay tactic. we don't know a whole lot because we don't know what's in the complaint so it's really difficult to speculate. >> we don't have to speculate about why they want to know it. the complaint here involves confidential and potentially privileged matters relating to the interests of other stake holders within the executive branch. no asha, that screams this has something to do with the white house. >> that would be my

interpretation, chris. i think that really the bottom line here is that congress has authority to review this complaint. i mean, it's as simple as that. and we continue to go through this dumb charade every single time there's a law. we've done it with the tax returns, we're now doing it with the intelligence community. let's be honest, this is about an issue of national security. for the inspector general to basically say this is something that needs to be reviewed, it means that there may be other equities at stake that may be even more important like our national security issues. so -- >> but the tactic winds up being the same, jimmy. >> it's this dumb charade that's been going on for administrations and administrations. >> i know, i know. let's just deal with the charade part for a second. that's what we saw today. asha is right that there are certain circumstances where the house intel committee is supposed to look at this. what this president and his counsel's strategy is is very

clear, fight it anyway. corey lewandowski asserting executive privilege today is a crock and you know it and i know it and anybody who has been in law school for a minute knows it. but they're just saying just delay. >> you got that wrong, though, chris. >> how? >> at the outset you got it wrong. >> how? >> because corey lewandowski didn't assert the privilege, the white house -- >> it's only a privilege if the privilege attaches and he never worked in the white house. you know this. don't play the same game. you're better than that. >> the white house's letter is relying squarely upon the office of legal counsel's opinion out of the department of justice and they're making the argument that this needs to extend to outside advisers as well. >> when has that ever happened? there's not one case that has ever said it should extend. >> it never happened.

>> they say they have nothing to worry about. >> it's to the extent that the office of legal counsel has opined on this. i'll let you go, asha, in a second. the office of legal counsel has opined on this. they certainly legal basis to make that assertion. a court may lookis is hogwash -- >> may? asha, make the counterpoint. like look under your seat, everybody has executive privilege. who doesn't have executive privilege at this point. i don't really care what the olc says writhey make disingenuous arguments. any kind of presidential communications privilege is about his advisers providing him with advice on his article 2 duties. and corey lewandowski was not advising him on any article 2 duties, he was being asked to commit a federal offense. and even if there were some privilege here, there would be an exception to that privilege precisely because there is a

potential crime that is involved. i mean, like we are really in the land of the dumb at this point and it becomes, you know, absurd to continue to try to explain this over and over. i think the american people see this and the bottom line is that this attorney who, mr. berke, who questioned corey lewandowski exposed this for the sham that it is. >> up until that point the hearing was a sham. let's face it. the democrats didn't have a good day today. >> from the outset, they wouldn't answer any questions. >> chris, you're a lawyer. before you ask a question, you lay some foundation. they didn't even the document handy to lay the foundation to -- >> why would they need a document to ask cory if they ever met with the president about something. >> if they're going to ask questions about what he said to mueller, the same reason that when mueller went in there, he

stayed within the four corners of that document, lewandowski is going to stick to what he said to mueller as well and has to right to do so. let's get back to -- >> i don't have any more time, jimmy. >> no, no, no. jim, jim, corey lewandowski testified that he had never read the report. >> let's just leave it there. we're going to learn more obviously about where the democrats are going on this but the only thing that came out today wasn't even provoked by a question. corey lewandowski wanted people to know, yeah, i lied to a member of the media because they're just as dishonest as anybody else. i guess that includes him. we're in an environment where people feel okay telling the truth, this hearing, this whole process is going to be a mess and it started that way today. asha, jimmy, thank you for making the arguments. appreciate you both. >> the president gave a strange shout out last night to a different loyalist while he was trying to reel in hispanic voters. did you catch this moment? >> he happens to be hispanic but i've never quite figured it out because he looks more like a

wasp than i do. >> does he have a case that can be compelling to a majority of li latinos? he lost new mexico. can he win it this time? the man is here to make the case and be tested. what's going on? it's the 3pm slump. should have had a p3. oh yeah. should have had a p3. need energy? get p3. with a mix of meat, cheese and nuts. so that early retirement we planned. it's going ok? great. now i'm spending more time with the kids. i'm introducing them to crab. crab!? they love it. so, you mentioned that that money we set aside. yeah. the kids and i want to build our own crab shack. ♪ ♪ ahhh, you're finally building that outdoor kitchen. yup - with room for the whole gang. ♪ ♪ see how investing with a j.p. morgan advisor can help you. visit your local chase branch.

walking a dog can add thousands walking this many?day. that can be rough on pam's feet, knees, and lower back. that's why she wears dr. scholl's orthotics. they relieve pain and give her the comfort to move more so she can keep up with all of her best friends. 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. this fall, book two, separate qualifying stays at choicehotels.com... ...and earn a free night. because when your business is rewarding yourself, our business is you. book direct at choicehotels.com

should always be working harder. that's why your cash automatically goes into a money market fund when you open a new account. just another reminder of the value you'll find at fidelity. open an account today. of the value you'll find at fidelity. "have you lost weight?" of course i have- ever since i started renting from national. because national lets me lose the wait at the counter... ...and choose any car in the aisle. and i don't wait when i return, thanks to drop & go. at national, i can lose the wait...and keep it off. looking good, patrick. i know. (vo) go national. go like a pro.

i mean, if you haven't thought abfrankly, you're missing out. uh... the mobile app makes it easy to manage your policy, even way out here. your marshmallow's... get digital id cards, emergency roadside service, even file a... whoa. whoa. whoa. whoa. whoa. whoa! oops, that cheeky little thing got away from me. my bad. geico. it's easy to manage your policy whenever, wherever. can i trouble you for another marshmallow? t-mobile's newest signal reaches farther than ever before. with more engineers. more towers. more coverage! it's a network that gives you ♪freedom from big cities,

to small towns, we're with you. because life can take you almost anywhere, t-mobile is with you. no signal goes farther or is more reliable in keeping you connected. all right. so potus has returned to new mexico, a state he lost in 2016, prompted this bizarre pitch. so it singled out at first one of his key latino backers. >> he happens to be hispanic but i've never quite figured it out because he looks more like a wasp than i do. i'll tell you what, there is nobody that loves this country more or hispanic more than steve cortez. who do you like more, the country or the hispanics? >> he says the country. i don't know. i may have to go for the hispanics.

we have a lot of hispanics. we love our hispanics. >> all right, steve is here now. the obvious question whether the president loves all hispanics or only those who love him. forget about how he put what he put to you last night. he's not the greatest word smith. it was a little clumsy, you recognize that, none of that matters to me. here's what matters to me. how can the latino community believe that he loves them when he has said so many anti-mexican and even anti-puerto rican things, how can he love latinos when she's shown such animosity. >> we can certainly go through the examples of what you claim is animosity toward his panics. but i think what hispanics want from politicians is results. it's not necessarily so important that they have a man who speaks in an incredibly measured and lawyerly way, someone who will never, ever offend them. what matters is the deliverables and making their lives better.

in that score, the security and the prosperity of hispanic americans, of all americans but particularly hispanics, that's what we're focused on here, this president has been an amazing leader for pass panic. their thecome is growing. hispanic men are the fastest growing income group of any demographic in america. small business is flourishing in this country. that's particularly important for our community because statistically we are the most entrepreneurial demographic in america. i think a lot of hispanics look at donald trump and they may say i would like it if he phrased things differently. i, myself, would like it if he phrased things differently. i'm the one who has to -- >> it's not you the phrasing. you say here's what people want. you are assuming that there is no basic question of dignity involved, that all it is is about their pocketbook. sure we care about our pocketbooks, me, you, of course. but when you are a member of a

group that has been denigrated time and time and time again, this man who described the caravans coming here as being mostly murderers and rapists and some i assume are good people and all this stuff about the s-hole countries and what he said about puerto rico and treating them like they weren't even part of a country, you can't forget that stuff in your community and you know it's reflected in his numbers. he's got a third of them at best. how do you think you get to a majority? >> but a third of them, let's put that in context. a third of them is incredible compared to expectations. >> to somebody who says bigoted things about them all the time. >> that is fake news for you to say he says bigoted -- >> stop that talk. you know what is bigoted in my opinion? what's bigoted is saying we're going to turn the border into a racial issue when it's not. all right because america is not a race. so by protecting america you are protecting americans of every

color, whether they are brown or black or purple. but what has the media done on a consist basis? it's tried to make his tough border policies inherently or somehow systematically racist. >> because he has depicted the people who are coming to the border as savages who are bombarding the gate. >> some of them are, chris, we know that. >> overwhelmingly they are not. why don't you talk about the majority instead of the smaller slice? why do you try to depict the entire population by the few and not the many? >> i did not. >> you just did. >> i did not. >> yes, you did. >> i said some of them are and some of -- >> all of them if they're coming illegally, all of them are committing a crime and all of them are unwelcome when they trespass in our country. we know that.

some of them in addition are very dangerous. it's a very small minority for sure. they primarily wreak havoc upon hispanic americans. that's the thing that this -- that's what this american president has been so strong on. the people who suffer the most from illegal immigration, from the ravages of illegal immigration, from the unfair wage market competition, from the very preventible crime of illegal aliens -- >> that's why he hires illegal workers and doesn't tell the truth about it and that's why you guys drag katie steinly's family all over this country as an example of who we're trying to protect from these marauders at the gate because he's worried about the impact to the latino community? >> i talk a lot about a woman named sandra duran, a young hispanic mother in los angeles who was killed by an illegal alien deported five times. a beautiful, young, hispanic american who is dead because we made a decision in this country

to be soft on borders and california specifically made a decision to be a so-called sanctuary city. i even hate that term because -- >> if you were so worried about preventable deaths, then you would attack poverty the way you attack the southern border. because those are the most preventable homicides we have. people who in a fit of desperation do stupid and even evil things as a product of it. >> i'm glad you mentioned poverty, chris. >> he's worried about them cluttering up spaces that people want to rent. he's not worried about the homeless people. go ahead. >> i sure am. i sure am. i'm glad you mentioned poverty because the poverty rate for hispanic americans just reached an all-time low. >> why aren't they polling for the president then? >> they're going to. they're coming that way. >> they are? >> it's the same number as they were in the exits. >> look, there's a lot of polls all over the board. some of them granted they may be outliers but some of them show his job numbers as high as 50

hers. one of them being npr, by the way. not exactly a right-leaning organization. the poll i care about will be on election day. i'm confident this president is going to do incredibly well among hispanics. >> why? is he going to stop talking about them this way and stop separating kids at the border? >> chris, what he is do is delivering the conditions for prosperity for hispanics in america. >> if you keep encouraging people not to come to this country and diversity is no longer a strength and immigration is dirty word how are you making a pitch? >> chris, stop setting up a red herring. i didn't say any of that. >> i didn't say you. just because you're his echo doesn't mean -- >> sorry. >> thank you. apology accepted. when it comes to immigration, you and a lot of people in

mainstream media conflate legal immigration with illegal immigration. >> he reduced the numbers of legal immigrants also. he wants reductions in the policies that allowed his wife's family to come here. it's not just legal immigration it's illegal, too, and you know it. >> immigration is not a dirty word. diversity is certainly not a dirty word. this president is showing that, by the way. he's showing in his policies he wants prosperity for all americans and the people who did the worst under the slow growth obama years, working class people of all colors and particularly minorities are now doing the best. they have leapt to the front of the line economically in this country. >> america is not just about money. it's about respect and dignity and humanity. >> and he wants to secure the border more than anything to protect hispanic americans. and one of the reasons i know that is because he's told me that personally in conversations. >> he should say it to everybody else. he's always welcome to the come

on the show and make a case to the american people. i'm out of time, finish your point please. >> i gave a speech before the president gave that speak speech in new mexico and i told how i got to go in the oval right after he was inaugurated. i thought of my immigrant father and hoped he was smiling down upon me his son is a confidant of the president. the first thing he asked me, steve, what can i do for the hispanic-americans? no cameras anywhere, no journalists, because it's part of his heart and it part of his plan for a country that is prosperous for all people. that's who he is. hispanics will see that. >> i've never seen a poll that reflects it because he's got to make it better known. because what comes out of his might is a reflection of his heart and not what you're saying right now. but i appreciate you making the pitch as always. >> thank you, sir. >> there is a new 2020 poll, the state of the race on the democratic side since last week's big debate. i see the headlines on the poll, people are missing the meaning. it not just about who is up, it

is about why. we got the wiz here with the big numbers next. thanks to priceline lines to turn their unsold seats into amazing deals, sports fans are seeing more away games. various: yeah-h-h! isn't that a fire hazard? uh, it's actually just a fire. priceline. every trip is a big deal. (danny) after a long day of hard work... ...you have to do more work? (vo) automatically sort your expenses and save over 40 hours a month. (danny) every day you're nearly fried to a crisp, professionally! (vo) you earned it, we're here to make sure you get it. quickbooks. backing you.

jill jill has entresto, and a na heart failure pill that helped keep people alive

and out of the hospital. don't take entresto if pregnant; it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren or if you've had angioedema with an ace or arb. the most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. ask your doctor about entresto. where to next? bleech! aww! awww! ♪ it's the easiest because it's the cheesiest. kraft for the win win. can't imagine doing it any other way. this is caitlin dickerson from the new york times. this isn't the only case. very little documentation. lo que yo quiero estar con mi hijo. i know that's not true. and the shelters really don't know what to do with them. i just got another person at d.h.s. to confirm this. i have this number. we're going to publish the story.

all right. there are new poll numbers tonight that suggest joe biden and elizabeth warren have successfully separated themselves from the field. biden still leads but warren continues to climb and may have an edge in some respects. the wizard of odds is here with insight. you know my point. my point is it's not who moved, it's why. >> first of all, let's just show that movement. this is an nbc news wall street journal poll.

biden is up 26% in july to 31%. now warren is the biggest mover, up 6 points from 19% in july to 25% now. i should point out that is her best national poll of any pollster who cnn will actually put on the air. so this is an important number for her. now, you're asking me why are her numbers climbing? well, i think this will give you a pretty decent idea why. are you enthusiastic about certain candidates and they asked us for warren, sanders biden. look at this jump from june till now. she's climbed by nine percentage points, 26 in june to 35 now. >> you see it in the crowd sizes getting bigger and bigger, like we saw in new york city here. go back to the first one here. how much of a factor is the one red arrow? >> this is a big factor. we saw that biden also climbed. i don't want to lose that. >> they're getting more of the pie. who is getting less of the pie? >> kamala harris is getting a lot less of the pie.

she had that first debate performance where she jumped all the way up in the polls. since then she has not been able to deliver to democratic primary voters. i should point out there is one thing not here that is a big reason that both of these two have climbed. those who say they are undecided has dropped from 8% in july to 2%. more voters are deciding who at least at this point who they want to vote for. >> what happens is as the field winnows you have to see about who that person is and where that person goes. >> we spoke about this last week and this is the key part of it. if you look among white democratic primary voters, elizabeth warren 28% for biden. this is the big question for warren, among african-americans and every single democratic nominee since bill clinton in 1992 has won african-american democrats, joe biden still has a tremendous leader, 36 points

after elizabeth warren. >> where was this last time? >> biden is up a bit. >> even with the stuff with the war -- >> just because something is made a big deal about in the press doesn't mean it means anything to the voters the voters go it's not a gaffe in our minds, we still like this guy. >> college education. >> if you're talking about the press, most of the people in the press are college educated voters. elizabeth warren is up 34% to joe biden's 23%. but among noncollege grads who are white joe biden up 38% to warren's 25. the two big divides between elizabeth warren and joe biden and besides ideology is education and race. we're going to see how those play out. >> two things nonmeasurable. one is my suggestion is in the african-american community hearing that you have to be taught how to raise your kids of not going to be met well and i

thought it would have to be cleaned up. it hasn't been yesterday. this crowd size with elizabeth warren, i haven't seen crowds like this except for bernie when he was getting his big rallies going. it's not something you can measure but enthusiasm matters in politics. >> you mentioned bernie sanders. bernie sanders didn't win the nomination. enthusiasm matters but you still need the votes to actually win. >> you're right, wiz, as always. >> shalom. i got it in. >> you're a little late. >> former deputy director andy mccabe will join us. he is under the threat of prosecution by the trump doj. i know you keep reading online there's an indictment. we know-nothing about it. he's not discussed the prospect nor given his defense to the latest allegations. we'll ask about both next. [ tires screech ] mom, you've got to get yourself a new car. the car's fine. [ car horn honks ] i wish i could save faster. you're making good choices. you'll get there.

got it? yeah. ♪ thank you. bye. were you going to tell me about this? i know i can't afford to go. you can't even afford to get yourself a new car. i still have this car so you can afford to go. [ music resumes ] i'm so proud of you. thank you, mom. principal. we can help you plan for that. start today at principal.com. ♪ (music plays throughout)♪ ♪

♪ ♪ award winning interface. award winning design. award winning engine. the volvo xc90. our most awarded luxury suv. ♪ ♪

so my next guest wasn't in the room today at the lewandowski hearing but he was on the minds of a lot of republicans who talked about needing to look into how the russia probe started, an area the house minority leader seems convinced will lead to criminal charges. >> are we going to see accountability, though, really? >> yes. >> andrew mccabe, they are recommending charging an indictment here. will we see an indictment? >> we will see an indictment. >> former fbi deputy director and cnn contributor andrew mccabe is here. for the record, you have not been indicted, still true? >> as far as i know, chris. >> to hear mccarthy say he will

be indicted, is that just a suggestion or could he know something you don't? >> i suppose it's possible he knows something i don't. we only know what we know from listening to the same rumors or things that pop up in the media. the office has not responded to us with any significant information. but i have to tell you that listening to the congressman's comments and the other comments we're hearing from other folks on the hill, kind of very forcefully leaning forward and weighting in on a pending department of justice decision is extraordinary, it's incredibly inappropriate. it's not something i've ever seen before in my time working around cases and working as an investigator, working with prosecutors and seeing indictments, it is just a remarkable -- a new low, i think, for us. >> well, it's a new age. that's to be sure. and you're in the middle of it. >> i am. >> here's your problem. your problem is that they want to make a case that you

consistently or multiple times didn't tell the truth about what had happened between you, people in your charge and the media with respect to the clinton foundation. what is your answer to why you gave answers that were wrong, at least misleading by their theory? >> to be clear, i absolutely of reject the findings and conclusions of the i.g. report that accused me of exhibiting a lack of candor in several instances. absolutely reject. >> why? >> i never intentionally misled anyone about anything and i certainly have not committed a crime. i was asked questions on two separate occasions about an article that had appeared months before. i was asked questions completely unprompted in the middle of other far more intense and challenging issues that were swirling around me at the time. when i thought after the fact that those answers may have been inaccurate or mistaken, i reached out to those folks to

make sure they understood exactly what i meant and exactly what the situation was. >> well, explain that for people. you gave an answer i then you went back and corrected it because you knew it was wrong. >> that's simply not true. that is not what happened in my case. i can tell you that there are many, many investigations, as an investigator, i sat down with folks, interviewed people all the time and many times after those interviews people would call you back, recontact you and say, hey, i told you this, i've thought more about it, i need to make sure you have the right understanding. the department of justice in my experience never brings charges against people in those situations. it's a bit peculiar that they are pursuing charges against me under these circumstances. >> if their theory is comey asked you about it, you gave an answer that wasn't accurate. the i.g. asked you about it, why didn't you know the right answer when they were asking? >> i can't tell what you they

think or what their theory is going to be. at this point i am confident that if they follow the facts and they follow the law, i have absolutely nothing to worry about. >> so your lawyers have, you know, they haven't made their case yet obviously, there is no case, but there is a suggestion coming from your side that some of the things that andrew offered up at some point were not completely accurate, they had to be fixed. why wouldn't you know the right answers? >> i'm not going to comment on things that my lawyer have said. obviously it's an ongoing investigation and i am trying to as absolutely forthcoming with you but i'm limited in what i can say until i find out from the u.s. attorney's office where this thing sits. >> if they bring a case and your lawyer says, listen, there are some questions here and they're offering a deal. we think this was inconsistent, we call it lack of candor, now it's going to be a perjury charge. we believe he gave false information, whatever they want to put you under, you didn't

tell the truth, we got you on it. they offer you a deal. will you take a deal in order to go on with the rest of your life if there is no big criminal attachment, you don't have to do any time or anything like that? >> absolutely not under any circumstances. >> no deal? >> absolutely not under any circumstances. i have said to you, i said from the very beginning, i absolutely reject that report because i never intentionally misled anyone about anything and i will not stand up and claim that i've done something that i didn't do. so it won't happen. >> and the political stick will be no one is above the law. and you're going after the president, the democrats, they would argue the fbi, that he lacked candor also, that he would not tell the truth, he wouldn't answer questions and you have to go after people that way. why doesn't that apply to you? >> the law applies to me in the same way it does to every other american and certainly including the president as well. the inspector general made a referral to the u.s. attorney's office.

they have investigated i assume thoroughly. we haven't heard what the status of that investigation is. as i said, if they follow the facts and they follow the law, i am confident that nothing will come of it. >> as i said to you, i do you no favors if i don't ask you what matters to people. one, this letter that i asked you to review before, the idea of the dni saying you got it wrong, this complaint doesn't really deal with intelligence, we're not going to give it to you, it's only sensitive to the executive branch, not to you. you ever seen anything like this before? >> i have not seen anything like this before. i don't profess to be an expert on the statute that empowers the icig to determine what they are not going to give to congress so i have to put that out. but in my experience congress has always had a deep and hands-on role with whistle-blower complaints against the institutions and the

agencies that comprise the executive administration. i have not ever seen an objection along the lines of this one. >> congress ain't the fbi, but in what we saw in that hearing today, if they're going to have potential witnesses say, well, the president claims his immunity, his privilege over me, even if they didn't work in the white house, as preposterous as a claim that is to me as a lawyer and there's no law on case that would ever extend it that way, the litigation will hold this up for a long time. is what you saw today proof that congress cannot get this done? >> i think what we saw was proof it's politics, not the investigation, not the findings of f of fact that the mueller report laid out in 400-plus pages. it's the politics that will determine what the american people will ultimately find out. i think that's a crime. that report is, as you know, i'm sure you read it, i read it

several times, most people will not. it's a 400-page dense and hard product to get through but there's a lot of information in there and i think it is absolutely incumbent upon congress to try to communicate the results of that report to the american people. if what we saw today was any indication of how that's going to take place, i don't think there's much hope of that happening quickly or effectively. >> andrew mccabe, good to have you here. i appreciate it. sean spicer, he knows how to spin. but doesn't translate onto the dance floor. he should win a trophy, though, for perfectly following the footsteps of someone he used to work for. just drink all that in, though, huh? just the outfit. he should have kept his partner in front of him the whole time. the argument next. i work hard and i want my money to work hard too. so i use my freedom unlimited card. even when i'm spending, i'm earning 1.5% cash back on everything i buy. (shouting) earning on headphones!

huh? earning. earning. still earning. always earning. i don't know where you're pointing. not that one! the big one. you can't sneak a good earning opportunity past me. in fact... i've got a hand modeling gig that starts right now. earn 1.5% cash back on everything you buy with freedom unlimited. oooh. my hand looks good. chase. make more of what's yours. imagine a world where nothing gets in the way of doing great work. where an american icon uses the latest hr tools to stay true to the family recipe. where a music studio spends less time on hr and payroll, and more time crafting that perfect sound. where the nation's biggest party store can staff up quickly as soon as it's time for fun. this is the world of adp. hr, talent, time, benefits and payroll. designed for people.

walking a dog can add thousands walking this many?day. that can be rough on pam's feet, knees, and lower back. that's why she wears dr. scholl's orthotics. they relieve pain and give her the comfort to move more so she can keep up with all of her best friends. dr. scholl's. born to move. with licensed agents availablep when 24-7,d it. it's not just easy. it's having-jerome-bettis- on-your-flag-football-team easy. go get 'em, bus! ohhhh! [laughing] c'mon bus, c'mon! hey, wait, wait, wait! hey man, i got your flag! i got your flag, man! i got your flag! it's geico easy. with licensed agents available 24/7.

49 - nothing! woo! it's something we take personally, and believe in passionately. it's the idea that if our mothers were diagnosed with cancer, how would we want them to be treated? that's exactly how we care for you. with answers and actions. to hear your concerns, quiet your fears, lift your spirits. with teams of cancer experts and specialists, delivering advanced treatment options and compassionate support every step of the way. all here in one place, with one purpose.

to fight your cancer, together. that's the mother standard of care. this is how we inspire hope. this is how we heal. cancer treatment centers of america. appointments available now. cancer treatment centers of america. t-mobile's newest signal reaches farther than ever before. with more engineers. more towers. more coverage! it's a network that gives you ♪freedom from big cities, to small towns, we're with you. because life can take you almost anywhere, t-mobile is with you. no signal goes farther or is more reliable in keeping you connected.

♪ he's good on the bongos, i'll give him that. usually "dancing with the stars" is about, well, dancing and stars. sean spicer tested both aspects. he really isn't a star by any definition, and what he was doing out there was described by a judge as getting attacked by wasps. now, i would likely give spicey an attaboy for effort and even an a-plus for creativity for dancing to "spice up your life" -- that's the song -- if it weren't for his final pirouette into absurdity. you see, president trump's former press secretary slash propagandist in chief turned lime limbo wannabe, then made his mediocrity about the man with all the moves, god. clearly the judges aren't going to be with me. let's send a message to hollywood that those of us who stand for christ won't be discounted. may god bless you. now, i would not call out asking

for trump folk to vote for him. i'm sure there are plenty watching, and his connection to the man who uses fancy footwork around the truth could be a boost. but really what he was doing here is just a dance of division, and it falls flat on its face when we foxtrot with the facts. first, the idea that being christian is something that america would vote against flies in the face of the overwhelming majority of this country identifying as christian. more specifically, is lime spice more christian than any of these folks? they are all plenty churched up and fared plenty well. but hey, sean spicer has never been one to let facts get in the way of a good story. >> this was the largest audience to ever witness an inauguration, period. >> mm-hmm. odd he didn't find a way to spin his anemic score as he did that crowd size. certainly he could have found

something other than the almighty to explain his expected shortfall like he did with the president's ridiculous claim about voter fraud. >> i think there's been studies. there was one that came out of pew in 2008 that showed 14% of people who have voted were non-citizens. >> you remember this when he was trying to bolster this president's arguments about a brown menace overrunning america? it was just plain wrong. he was probably talking about a study from 2012 that looked at outdated voter rolls, not illegal votes. in other words, it was a study about poor recordkeeping. it made no mention of undocumented people voting or trying to register to vote. like his salsa last night, the statement lacked originality. he was once again following in the dance steps of the master, explaining his own failings with faith. remember this? >> i'm always audited by the irs, which i think is very unfair. i don't know. maybe because of religion, maybe because of something else, maybe because i'm doing this although this is just recently.

>> what do you mean religion? >> well, maybe because of the fact i'm a strong christian and i feel strongly about it, and maybe there's a bias. >> you think you'd get audited for being a strong christian? >> well, you see what's happened. i mean you have many religious groups complaining about that. they've been complaining about it for a long time. >> we don't even know if this president is being audited, but we know he doesn't want to own what is in his taxes. and we know the interest in those taxes has nothing to do with his faith but with our own, our abiding faith that transparency and the facts matter. similarly, sean spicer is a victim not of his faith but of his feet. but both were right to play to paranoia. 70% of republicans have said they think christians suffer prejudice. but while that may explain spicer and his former dance partner's play, another explains why it should not be believed. only 34% of americans think trump is honest and trustworthy. that means two out of three of

you don't. some advice for our frilly friend. the show, like politics, is supposed to be about bringing people together. dancing, not division. as your former boss is learning, a big tent is about being inclusive, not giving people a reason to feel excluded. focus more on your feet and your fashion and leave matters of faith to your own prayers that the judges have a soft spot for that toothy grin. all right. there is a new milestone for the trump white house. senate republicans and one of the most crucial parts of their legacy that i'm betting you haven't even noticed. bolo! be on the lookout for what? next. i get it all the time. "have you lost weight?" of course i have- ever since i started renting from national. because national lets me lose the wait at the counter... ...and choose any car in the aisle.

and i don't wait when i return, thanks to drop & go. at national, i can lose the wait...and keep it off. looking good, patrick. i know. (vo) go national. go like a pro. morning. what are you doing? isn't it obvious? nah. we're delivering live market coverage and offering expert analysis completely free. we're helping you make sense of the markets without cable or a subscription from anywhere you are. i get that. but what are you doing here? nice pajamas. really? i say pajamas. pajamas, pajamas, whichever. good. yahoo finance live. stream free anywhere. welcome to the show. let's make finance make sense. should always be working harder. that's why your cash automatically goes into a money market fund when you open a new account. just another reminder of the value you'll find at fidelity.

open an account today. of the value you'll find at fidelity. (tennis ball hit) (tennis ball hit) (tennis ball hit) (tennis ball hit) (tennis ball hit) (crowd cheering) (tennis ball hit) (tennis ball hit) (tennis ball hit) doprevagen is the number oneild mempharmacist-recommendeding? memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life.

here, hello! starts with -hi!mple... how can i help? a data plan for everyone. everyone? everyone. let's send to everyone! [ camera clicking ] wifi up there? -ahhh. sure, why not? how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your xfinity store today.

bolo time. be on the lookout.

the white house cheered last week as the number of confirmed judges on its watch crossed the 150 mark. president obama couldn't clear 100 in the same amount of time, and both presidents of course can thank senator mitch mcconnell slowing obama nominees way down, especially in the final two years of his presidency. president george w. bush, by contrast, got more than three times the number through in the same amount of time despite democrats controlling the senate then. and then there are the demographics, the faces of trump's bench versus obama's. so far the trump administration is putting barely half the percentage of women up for the nomination. this is all about older white men. they make up nearly four out of five of the picks these days. all are staunch conservatives, and some woefully lack the acumen we would expect -- not older men. they're younger men, which means they're going to be there for a long time. so their impact can last a generation. that's the point.

a lot of law is made in the lower courts, so a lot of these issues that you care about, whether it's reproductive rights, whether it's due process, the idea that it all gets decided at the supreme court is not always the case. and these judges are going all across the country. so be on the lookout. thanks for watching. "cnn tonight" with d. lemon starts right now. >> you've been listening in on my editorial meetings when i say -- or to my producers. oh, my gosh, the judges. he's stacking the court. this is why people who come on, some of the trump supporters, and they say this is why they -- i can't stand anything else he does, but it's the policies. he's getting the judges through, and he's getting a lot of them through, and people aren't even noticing. he had a milestone, as you said. 150 appointments. that's incredible. >> that's the point of the segment. that's why we call it be on the lookout. and i'll tell you what the most interesting -- >> really? thanks for explaining that to me. >> i know you weren't paying attention.

i'm just bringing you up to speed. christian conservatives, okay?