captioning sponsored by cbs >> brennan: it's sunday november 11th, i'm margaret brennan and this is "face the nation." with split decision in the mid term election for control of the house and senate, and after igniting controversy, after controversy after controversy at home, trump is honoring the 10 100th anniversary of the end of world war i. but at a somber gathering today in paris, the chill among his fellow world leaders seem to match the weather with a notable exception. we'll talk to two news make horse won on tuesday including a familiar rival of the president with democrats retaking control of the house, leader nancy pel pelosi hopes to regain her house

at speaker. >> god bless texas! >> brennan: and texas republican ted cruz will also join us what are his thoughts on the president's new immigration orders. and chaos in the sunshine state. plus as momentum grows for new acting attorney general matthew whitaker to recuse himself from overseeing the mueller probe we'll talk with south carolina lindsey graham. plenty of politics and news all ahead on "face the nation." good morning, welcome to "face the nation." it has been a difficult week in america. following record voter turn out in the mid term elections, some races are still not decided. and the partisan political divide has ripped even wider. uffering from pts lled 12nfoia.h ptsd. then wildfires exploded in the

state, one in northern california is already the most destructive in california's history. president trump sparked outrage with tweets blaming california forest management for the disaster and threatening to cut off funding. today the president is in paris, attending a ceremony honoring the arm cyst and world war i. we gee again there. >> a solemn sunday in paris. as president trump marked the day world war i ended a century go. >> november 11, 1918. >> he stood alongside dozens of world leaders at the arc de triumph, symbolizes the ultimate sacrifice. french president seemed to take a vailed swipe at the presiden president's america first agen

agenda. >> nationalism is a betrayal of patriotism by saying, our interest first, who cares about the others, we erase what a nation holds dearest what gives it life, what makes it great and what is essential. it's moral values. >> mr. trump did not appear amused. while in france president trump also recognized the need to maintain strong alliances but he often received criticism for warming up to adversaries including russian president, vladimir putin. the white house says president trump and president putin will likely meted on the sidelines of g20 summit later this month. today, the president is heading back to washington. margaret. >> brennan: thank you. south carolina republican senator lindsey graham joins us this morning from clemson. senator, welcome to "face the nation." i want to get right to it. the french president seemed to

be saying the liberal world order is being undermined by forces nationalists forces that seem to be represented by president trump. do you agree with him? >> no, i think he's got a political problem at home, mac macron and probably picking a fight with trump is good politics. i like the idea of president trump pushing nato to pay more. getting outed of the ballistic missile treaty because russia is treating and it doesn't cover china and north korea. the main friction getting out of the iran deal which was bad for america and the world. republican presidents always have hard time in europe, i'm not really worried about this at all. >> brennan: senator, lieutenants move to what's happening here at home. you're seeing some of the worst fires in california history raging there. nearly dozen dead. yet the president is taking an aggressive, combative stance even threatening the cut off funding which is achieved by doing things like this?

>> well, number one, my heart goes out to the people who lost their homes. about 25 people killed, historically large wildfires in california. but we do have a forest management problem all over the country we need to address. california will receive the money they need, but going forward we need to look at some of the underlying causes of these fires, just not californ california. we need to look at better forest management in terms of federal lands all over the country. >> brennan: you agree with the sent meant but not the tone is what i hear you saying there. >> yeah. this has been a debate for a while about under brush clearing federally owned lands. but now it's s not the time to talk about cutting off funding with all due respect, they need help. >> brennan: you sit are an important voice on the judiciary committee about what's happening now with the search for the new attorney general. now that jeff sessions has been forced out. you said you're going to meet with the acting attorney general this week. >> right.

>> brennan: are you going to ask him to recuse himself and is matthew whitaker's appointment constitutional? >> good question. i talked with him yesterday, i'm going to meet with him next week when we get our schedules aligned here. i think he's with appropriately appointed legally. i don't think he has to recuse himself. i am confident that the mueller investigation will be allowed to come to a good, solid conclusi conclusion. that there will be no political influence put on mr. mueller by mr. whitaker to do anything other than mr. mueller's job, i'm confident mr. mueller will be allowed to do his job without interference. >> brennan: i asked you that question because as you know there have been a public number of public statements made by whitaker saying there's no criminal obstruction of justice charge to be had against president trump. that seems prejudicial. he's referred to special counsel and the mueller lynch mob. what about these comments suggest to you that he's going to be impartial?

>> you don't recuse somebody because they have opinions different than people they're overseeing. trust me, there's politics abounds when it comes to the mueller investigation that trump is guilty no matter what mueller finds. mr. mueller will be allowed to do his job without political interferes by mr. whitaker. mr. whitaker i think is legally qualified and otherwise qualified to oversee this investigation. until a new attorney general will be appointed and i think that will happen early next year. >> brennan: early next year. what is your first question for that nominee? >> well, depends on what the lay of the land is. if mueller is still not finished with his investigation, going to allow him to do his job, but lot of questions about how the department of justice works. >> brennan: the president issued an order this week and says he's going to issue another executive order having to do with immigration. does he have the authority to bypass congress in doing these

>>ound? amendment birthright citizenship that's got to get to the court maybe the executive order is the way to start that discussion. but when it comes to changing solemn law saying that somebody here illegally cannot apply for asylum, i don't know if you can do that by executive order but i support that policy. right now, people marching on our border if they cross illeg illegally then they ask for asylum. it shouldn't be magnet for illegal immigration, so i support the policy change. not so sure you can do it by executive order but we'll see. >> brennan: the aclu suggests that that is actually contravening congress. and -- >> might want to get another opinion than aclu but the point is, that i do believe asylum laws are being abused, they have become magnets for illegal immigration, people cross the board illegally then apply for asylum, that's not the way it's set up to work. i support the policy change. congress probably should do it

but i'm open-minded to the executive order. just don't know the answer really. >> brennan: you've been spea speaking about what is going on in florida and recount there. >> yeah. >> brennan: florida department of elections has presented no evidence whatsoever of criminal activity there. the president has been sort of fanning the flames some would say of conspiracy, saying democrats are trying to steal it. don't you think in some ways that this undermines election integrity when you're trying to uphold it? >> i think what undermines election integrity is broward county can't get their act together. at the florida law enforcement officials see no fraud i'll accept that. but they are in violation of a law broward county, they're supposed to report results within 30 minutes of the polls closing, they have counted almost 80,000 votes days after the polls closed. so the problem is not with president president trump rhetoric is the incompetence and

mischief of broward county. >> brennan: all right. senar graham, thank you very much. lots to get to today. >> thank you. >> brennan: on friday we sat down with house democratic leader nancy pelosi who was wo working to round up the votes among democrats to become speaker once again. we began our discussion with the democrats call for the new ac acting attorney general to recuse himself from overseeing the mueller probe after the president asked attorney general jeff sessions to step aside last week. do you think under whitaker that integrity of this investigation is in peril? >> yes, i do. first of all i think he should recuse himself for any review of the investigation. because statements he has made already in a public domain about the fact that this investigation should not -- >> brennan: you don't have confidence in him? >> no, i don't. editorializing about this that

he should never have been appointed and that it does violence to the constitution and division of our found turnovers appoint such a person and such a manner to be the chief legal officer in our country. and that's bipartisan. >> brennan: there are questions about what will happen when bob mueller wraps up his investigation, the report and conclusions that he comes to whether they will ever see the light of day because we don't know if they're going to be shared with congress. in the democrat controlled hou house, with subpoena power would you force that? >> we don't know what he will decide and what will be made public but we do want the truth. >> brennan: the public has a right to know. >> the public has a right to know. no one is above the law infers of having access to that information. >> brennan: you don't think it would require a subpoena? >> let us hope not. but congress, beauty of our constitution is system of checks and balances and in doing so

have oversight responsibility to be a check. so in our oversight responsibilities we would want that information. >> brennan: what are the bounds of that oversight? because one of the concerns you hear is democrats are just going to issue subpoena after subpoena and make the president's life legally more difficults there a limitation to that that you see? >> well, we are responsible, we are not scatter shot, we are not doing any investigation for political purpose. but to seek the truth. so i think word that you could describe how democrats will go forward in this regard is, it will be very strategic. >> brennan: no investigation for political purpose, you say. >> essentially. >> brennan: republicans would say, come on, there's always a political upside or downside to moving forward with some of these investigations. >> republicans would say that are just projecting their own

attitude toward investigation which was very political. something very important for our country and open congress with accountability to the public with sooking bipartisanship or we can find it stand our ground where we can. the president has been saying that there's election fraud in florida. what do you think is happening in broward county? is this election fraud and is there a role that congress needs to play in upgrading election infrastructure? >> yes to the second part. let's go to the first part fir first. my experience with the president is any time charges somebody with something he's just proje projecting what he might have done himself. we're not -- >> brennan: election fraud? >> obstruction. suppression of the vote. those kinds of issues i think. not in honor of our right to vote. there's no election fraud. what there is an honest count of the votes. >> brennan: onmyou b any

immigration to fund the border wall? >> let's just -- to what we need to do as a country. we certainly have to protect our borders and democrats know that and we have always worked to do that. >> brennan: you'd be open to supporting -- >> and we have done that. many ways to protect the border before tens of billions of dollars building a wall where technology and personnel and the rest could possibly do the job. but whatever it is, has to be tied to comprehensive immigration reform. what this administration has done is undermine our values, taking babies out of the arms of their moms as you are a new mom, you understand that bonding. as my mother of five, grandmother of nine, bonding very earl well, let's take the baby out of the mom. separate families, what the

president just did in the last day on executive order, flies in the face of even what the evangelicals who are big pis supporters have said, evangelicals have said the united states -- the united natures refugee resettlement program is the crown jewel of america's humanitarianism. and what the president did, does not recognize what the law of the land is. in terms of refugees. >> brennan: lot more of our interview with house democratic leader nancy pelosi ahead including her plans for fix can the affordable care act and the record number of women in the next congress. coming up in our next half hour. ride hailing, car sharing, carpooling... ...mobility services are proliferating. and there's a new generation who don't seem to want to own cars in the first place. it all means massive disruption to the car industry, cities, businesses and investors.

♪ ♪ who transition out of the u.s. formilitary every year...ers ...one of the toughest parts is the search for a job that takes advantage of the skills you've gained while serving. you can now search with the phrase 'jobs for veterans' directly on google... ...and then enter your military occupational specialty code. google brings together job openings from across the web that match the skills you gained in your military role. just click to apply and use your experience to guide your future. >> brennan:tt republican stead cruz, a key member. senate judiciary committee and he joins us from his home in houston. backlf. welcome to "face the

co thank you very much. a little bit of history here, you were part of president bus bush's legal team back in 2000 during the florida recount, we are looking once again at questions about what is happening in a recount there. what is going on? is this political conspiracy like the president suggests or just incompetence? >> listen, i think there is certainly reason to be concern concerned, florida's history on recounts has not been great. each of the counties there have different commissioners, i spoke yesterday with my colleague, marco rubio who is following what's happening there closely, is deeply concerned that what might be playing out is an attempt to steel the election. i hope that is not it. i think everyone needs to be vigilant. every vote needs to be counted. but at the same time we can't allow people to be stealing votes we need to be on guard against that. >> brennan: a bit of both, you say, it could be getting

stolen or could just be i incompetence? >> it could almost always be a bit of both of incompetence and potential for malfeasance, anyeu have an invitation for people to violate the law and try to advance. in 2000 in bush versus gore. on election night george w. bush had 3,000 vote lead and there ended up being a total of four recounts in florida, over and over and over again. over the course of those four recounts bush's lead dropped for about 3,000 votes all the way down to 537 votes. the mantra of the democrats they wanted to keep counting and counting the same votes over and over again until they managed to drop the votes to the other si side. i think that suggests, if you're recounting the numbers ought to stay the same or roughly the same fa they're moving consistently in one direction, it suggests you may not have fair and level playing field in

terms of those counting. >> brennan: i want to ask you since you're on the judiciary committee, jeff sessions being forced out now an acting overseeing the russia probe. do you believe that the special counsel's investigation is now in peril and needs to be protected? >> well, i don't think anyone was surprised to see jeff sessions move on. jeff is a good man, an honorable man, he's been a friend along time. it was clear that his relationship and president's relationship were not looking, no longer trust and confidence there, that is not a long term, sustainable situation to have attorney general and a president in direct and open conflict the way they were. jeff did a number of very good things at doj including on gration including religious liberty, i'm grateful for those efforts. but i think it will be good to see new leadership come in to the department of justice. mr. whitaker has been appointed, just in acting position and white house announced they intend to nominate a new

attorney general, i expect that to happen quickly and when it does the senate will take up the advise and consent role. i'm on the senate judiciary committee so whoever the nominee is, i look forward to hearing from that individual. their background, their record, their qualifications and their vision for what the department of justice should be doing. >> brennan: should there be legislation to protect the special counsel? >> i don't think there should. we had a bill come through the judiciary committee that tried to make it impossible for special counsel to be removed. i believe that legislation was unconstitutional. that it was inconsistent with article ii of the constitution. >> brennan: you were very critical of the obama administration for taking action via executive, called it dangerous,ump on immigration had orders by passing congress toang the border illegally can claim asylum. are you okay with that now? >> well, i'm still studying the

specific immigration order but i tell you -- >> brennan: bypassing congress. >> let me explain my view on executive orders whether from trump, obama, george w. bush or anybody else. there is a legitimate role for an executive order, that is governing how the executive branch operates, how -- under article ii of the constitution, the president, executive branch is charged with taking due care that the laws are faithfully executed. at an executive order is perfectly appropriate to direct the executive branch, this is the manner in which we shall execute the law. what obama did repeatedly that was so lawless is his executive orders didn't do that, instead they said, here is the federal law passed by congress, signed by the president, that we will defy, that we will ignore. and that, the president can't do. so that's the question any executive order, is it directing how the executive will behave or is it flying in defines to laws

passed by congress. if it's the latter it's u unconstitutional. >> brennan: i don't hear clearance on whether you think this asylum change is okay, is executive order it is appropriate for the president to end birthright citizenship, again, bypassing congress. >> margaret, as i said on the executive order on immigration, i have not studied that order yet it just came out this week, i have to admit i was kind of busy, we had an election couple of days ago, that -- i have not yet reviewed the executive ord order. i try on legal decisions -- my career has been being constitutionalist gaiter. i don't reach constitutional opinions lightly. if the order defies the laws of congress then, yes, it's u unconstitutional. if the order constrains and directs how the executive --my e order does things directing resources to the border, those resources are clearly within the per view of an executive order >> brennan: and birthright --

under existing law. the president is charged under executive -- under federal law with securing the border. if the executive order is in furtherance of the statute then it's not only allowable it's appropriate and good. this so-called migrant caravan of over 10,000 people marching north, declaring their in tension cross the border illegally, i go tell you, i told the president just recently when he and i spoke, i said, mr. mr. president, under no circumstances should we let them cross. we should use whatever tools are available, whether it is border patrol, national guard, military that the president has called up but we shouldn't allow 10,000 people to blatantly and deliberately violate the law. ther rghtay to come and that is following the law, waiting in line and following the rules. >> brennan: all right. we look forward to hearing your views on birthright citizenship and asylum decisions. we've got to leave it here, senator.

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>> brennan: we'll be right back with a lot more "face the nation" on this veterans day. more from leader pelosi and our pam, stay with us.

closed captioning provided by cbs sports division >> james: week 10 in the nfl. >> adam: this veterans day we start with the patriots, tom brady will play in his 300th game in the nfl against the titans in nashville. >> bill: mike vrabel played his first four years with me, the next eight with bill belichick and the new england pats.