captioning sponsored by cbs >> brennan: it's sunday, december 9th. i'm margaret brennan, and this is "face the nation." >> president donald j. trump merry christmas it was a dignified donald trump who took to the football field saturday to pay tribute to an american tradition, the army-navy game. the commander in chief received a warm welcome in the chilly stadium but there is trouble ahead for president trump back in washington. embattled chief of staff john kelly is leaving at the end of the year. efforts to cool off a trade war with china took a dramatic turn. the stock market plummeted and prosecutors say the president coordinated illegal payments to mr. trump's ex mistresses.

he denied that. also weighed in by tweet, totally clears the president. we'll see if two key members of the congressional intelligence committee agree with that. florida republican marco rubio and incoming chair of the house committee california democrat adam schiff. trim donald trump made his pick for attorney general, william barr was under george h.w. bush and he named former fox news anchor heather nauert to be ambassador to the united natio nations. the new no. 2 in thing is at republican leadership south dakota john thune will weigh in on their confirmation process and tell because is on the mus must-do list in the lame duck session. finally with economic anxiety and trade disputes making headlines around the world, both u.s. trade representative ambassador robert lighthizer anh more news of the week just ahead

on "face the nation." good morning, welcome to "face the nation." we've got a lot to get to today and we begin with florida republican senator marco rubio he is in orlando this morning. senator, welcome to "face the nation." >> good morning. >> brennan: chief of staff john kelly set to leave, he was often seen as force of stabili stability. what will his departure mean in terms of being able to work with the white house and get things done? >> i don't think it will impact negatively any way our ability to work with the white house or to get things done. i have a lot of admiration for general kelly, he was a professional, someone who works hard and gets things done. and like every administration, the president -- there will be changes in that position, it's a hard and difficult job and obviously he'll be missed. >> brennan: there's a lot of news in terms of the developments on the front of the

special prosecutor. friday federal prosecutors also said that president trump personally directed illegal payments through his attorney, michael cohen, to women who claimed to have affairs with him. the president is denying all wrongdoing here. what do you make of these charges and do you stand by him? >> well, i this it's important to remind people, two separate probes going on. i think in that case you're discussing the one out of the new york, u.s. attorney's office out of new york then the mueller probe. we're a nation of laws, we have a system by which government can acquire information, put that information and evidence together and make presentations before judges. and in this particular case the individuals, not the president, who have been accused of crimes have pled guilty to crimes this is part of their sentencing process. separately from that is the right of someone to argue that the evidence is not what you say it is. and so everyone is entitled to that. just like no one is above the law in this country, no one is beneath it, either.

that said, obviously, you read some of these details, we'll wait for more information we're doing our own probe in the senate intelligence committee and i'm usually cautious about discussing the passion of russian interference because we're not done with our work. i can tell think, that some of the things that have come out over the last couple of weeks, particularly with regards to mr. cohen, have led committee to go back and interview witnesses or attempt to interview additional witnesses again based on their testimony in the past. clearly these are things that are to be taken into account and seriously and i would caution everyone to wait until all this plays out. but it's important that this continue to move forward. >> brennan: so i understand you saying that you stand by the president? >> well, again, there's nothing -- no reason to not stand by anybody in this moment. there are pleading, cases or evidence we'll wait for all of the it to be out there, caution to wait until you make judgment. your judgment may not change. judgment should be made on the basis of all the information

that is before you, that is most certainly what we're doing in the u.s. senate. i have said i believe that mr. mr. mueller's probe should continue and move forward unimpeded. both of the findings will be there for the american public and move on from there and see what needs to be done. >> brennan: we also learned that former national security michael flynn was cooperating on at least three investigations. does that concern you? >> ultimately the fact that he's cooperating with prosecutors, i think -- >> brennan: on multiple investigations now. that was new information, new development. >> i'm interested in the truth. i want to know what happened. someone didn't do anything wrong here we don't want to be unfair and unjust. if someone did something wrong here it is important in the interest of the country and the rule of law that those people be held to account that's what i've always been in favor of. the truth. finding out everything that happened, making sure we're not out there accusing people, those are ongoing probes and some of

it will see pieces of it information. mr. mueller probably ha has more information than the general public does. >> brennan: i know this week we had significant development with china, this extraordinary move of the u.s. seeking extradition of chinese telecom executive. one of the "l.a. times" on the program you said that company and other chinese telecome firms need to be band from doing business in the united states. are you going to try to introduce something in the new congress to do that? >> 100%, absolutely. here is why. we have to -- we captain get apple toe crack an iphone in a terrorist investigation. there isn't a single company in china that doesn't have to do whatever the government tells them to do. trust me if they don't do it they will find new ceo or new company to take that company's place. when the chinese asks a telecome

company we want you to turn overall the data you gathered they will do it. no cord report. they have to. >> brennan: you didn't have enough support on this last ti time. do you now have support to try to get american companies to stop having this part of the supply chain? >> i sure hope so. i hope we do. because i think huaiwai pose a threat to our national interes interests, our national economic interests and national security interests. the in the case what they're accused of here is violating the iran sanction. so at a minimum we should be doing to them what we did to zte when they violated the sanction of law which included not having access to american suppliers. and i hope that's what will happen, encouraging the administration to do as soon as possible. >> brennan: the president did make a nomination for attorney general, william barr he has made some past comments regar regarding the russia probe that some view as prejudicial. what do you make of that and does he have your support? >> well, i can't comment on

whether i support him or not i haven't begun to review his qualifications or record in the past. he's been through the senate process before. i'm going to watch the judiciary process very closely at the appropriate time i'll meet with the nominee and get my own take then have a decision to make. i generally do not support nominees for the most part u unless i know both personally and well until they have worked their way through the committee process. i know he's gone through this process before, there's plenty of the record for us to review before we make that decision so right now, i don't know if i support him or not. i hope i can. because i think that is an important role that we need to fill but i need to learn more about the nominee and what he's done in the past before i can >> brennan: what about the u.n. ambassador, may need to learn more about her, does heather nauert have the kind of credentials to be needed the representative at the united nations. >> i think she's been at the state department now almost two years, traveled extensively. i think she has the ability to do the job well which is to be america's advocate in the

international forum. again she will go through a foreign relations committee have chance to interact with her, ask her questions privately. >> brennan: should it be cabinet level position? >> she'll have to go through our committee before i can answer that question for you. she's just been nominated. i don't know her well. i don't know much about her wo work, i know she's been the spokesperson at the state department. but the things you're asking, does she have detailed knowledge of foreign policy to a level to allow her to be successful at the united nations. i don't know. i need to meet with her, go through our committee and answer questions. then i'll be able to make a judgment on it. and so i'm sorry, have to wait until i can do all that before i can tell you 100% whether i can support her more not. >> brennan: thank you for joining us this morning. >> thank you. >> brennan: turn now to california congressman adam schiff, the top democrat on the house intelligence committee. welcome to "face the nation." >> thank you. >> brennan: the filing made friday by federal prosecutors in manhattan references individual,

one, about 30 times, individual one is president trump. and appears to link him to campaign finance violations it doesn't charge him with any wrongdoing, though. what is your take away? >> my take away there's a very real prospect that on the day donald trump leaves office the justice department may indict him. that he may be the first president in quite some time to face the real prospect of jail time. we have been discussing the issue of pardons that the president may offer to people or dangle in front of people, the bigger pardon question may come down the road as the next president has to determine whether to pardon donald trump. now i think the prosecutors in new york make a powerful case against that idea. all the arguments they make about michael cohen the idea that people doing what theys thh and powerful seem to live by a different set of rules. this was the argument for putting michael cohen in jail on these campaign violations, that

made with resi the unidually states. re attorney, rudy g can't be campan finance because precedent set he cites specifically what happened with former vice presidential candidate john edwards who used campaign funding to cover up an affair. what do you make of that defense and interpretation? >> well, it's clear that justice department here is making the argument that the principle purpose of these payments was to affect the election. and cohen has admitted as much, i think in the case with edwards there were problems of proof. here appears justice department doesn't think there's any problem with proving that this was intended to principally affect the election. and to have the justice department basically say that the president of the united states not only coordinated but directed an illegal campaign scheme that may have had an election altering impact, is pretty breathtaking.

but that was just one of the things we learn from michael cohen this past week. >> brennan: the president denies anyvery different in ii s of the filing. what is the bot testimony line in terms of what this could mean for him? you are going to be having the gavel on house intelligence committee in the new year, do you believe all of this adds up to meet the standard for impea impeachable offense? >> well, i think we have to look at the campaign law violations and context of other allegations of wrongful conduct by the president. we also learned from michael cohen that at the time during the campaign when donald trump was the presumptive republican nominee, he was telling the country he has no dealings with russia in fact they were having private conversations seeking to enlist the kremlin's help in a project that could make him tens or hundreds of millions of dollars, a project that might need putin's approval while they were arguing that sanctions on russia should go away. that's pretty breath kay taking.

we need to keep in mind that what mueller is telling us with the southern district of new york is telling us in these filings, is not even the most significant evidence they have which they are continuing to redact. >> brennan: you think you need to wait for more evidence before you say this meets the standard for impeachable offen offense, your colleague in new york says in his book, this does meet the standard. >> i think we need to wait until we see the full picture. the question that is presented just by michael cohen'sly and the just at this time department filing is a crime by the president which helped him obtain office to sufficient removal. that's a legitimate question to ask. what is the quality of the proof on that. right now we have the justice department expressing its view and we have michael cohen with his testimony. but i think we also need to see this as part of a broader pattern of potential misconduct by the president and it's that broad pattern i think that will lead us to conclusion about

whether it rises to the levelful to warrant removal from office. >> brennan: when you get the gavel in january on house intelligence, will ask you for michael cohen to come forward and answer some of the questions that now are being raised? >> we will. we're already in touch with his counsel. we hope to bring him back. he can shed not only light on this but one of the most intriguing bits of the sentencing was the special continental's representation that michael cohen has evidence concerning officials at the trump organization. on the issue, the core issue in mueller investigation is collusion or conspiracy. and so who are those trump organization officials, are they family members, what is the evidence they have, it looks like this is separate and apart from the evidence on the trump tower moscow deal. we'll certainly -- >> brennan: that never went through, we should say. the filing that michlea fom e preparation ohisalsetestimy td that among people affiliated

with the administration and the white house. that may go to the obstruction of justice issue. >> brennan: if you're calling him to testify again what is going to make you believe that this time he's not lying? >> well, certainly the special counsel believes that at a certain point michael cohen made decision to be honest about the issues that the special counsel is interested in that we're interested in, we'll make our own judgment about that but great respect for bob mueller if he feels that cohen is confiding now honestly about it that it's a pretty good indication that's what he's doing. >> brennan: the president did make his nominee public today or this week i should say for attorney general. william barr. there have some questions raised about past statements he made defending the president's decisions. does this add up to enough reason for you to be concerned or do you think he can be the chief law enforcement officer of the country and oversee this probe without impeding it? >> it's certainly reason for

concern. there's no question about his qualifications for the job, he's already had the job and i think great many people thought highly of himha but his comments about comey, his comments about the composition of mueller's team, most concerned to me that it's perfectly fine for a president to recommend prosecution of his political rivals and what is more justice ought to look into that. those comments raise questions about bias and about judgment. the confirmation hearings i think those need to be probed deeply. i think the senate also needs to exact a commitment from him that he will not interfere with the mueller investigation that he will be sure that the mueller report is ultimately made publ public. >> brennan: congressman, thank you very much. >> thank you. >> brennan: we'll be back in one minute with the new number two in the senate republican leadership, that's john thune, he's standing by, don't can aw away.

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>> brennan: we go now to south dakota senator john thune, he will be senate republican whip when the new congress convenes in january and he joins us this morning from our cbs affiliate kelo in sioux falls. senator, welcome to "face the nation." >> morning, margaret. >> brennan: question for you to started off here based on the news we learned this week surrounding some of the legal problems with the president. federal prosecutors in manhattan said that his personal attorney made illegal campaign finance payments at the direction of individual one. specifically prosecutors say individual one, president donald trump made payment in coordination with and at the direction of individual one. so everything that michael cohen paid for, prosecutors say was directed by the president. what do you make of this filing, the president says it exonerates him.

>> it's a sentencing filing but i think couple of your former guests have already suggested this that it is important until we await the additional evidence that comes out. the special counsel, robert mueller and his team continue to do their work but i think at this point we have incomplete picture. i think at this point the president as you know as you said earlier has denied some of these allegations that have been made. michael cohen obviously has plenty of incentive now to cooperate and the representation that he makes i think you have to -- there are going to be some questions raised about those as well. my view that -- let's wait, this thing is still not complete until it is complete i think it's probably mostly speculation on the part of those of us that who are not privy to all the details, the mueller investigation are looking at. >> brennan: this is specific to the prosecutors in manhattan

in terms of those specific charges. >> right. >> brennan: moving on here -- i think same thing. they have got -- this is stil still -- we don't know all the facts until we know all the facts i think it's important probably not to draw any judgments but we'll know in due time. >> brennan: you have a big job now as i introduced you, going to be the whip here. how quickly can you get president trump's nominee to be attorney general, william barr, confirmed, what is the timeline we're looking at here? >> well, there's certainly a process and confirmation hea hearings, the name gets submitted, background checks, shouldn't be all that difficult, someone who has a long record in public life and also has held this position previously.'s all said and done when it comes to a vote in the full senate that he'll have a strong support. i would hope that he would have strong support from democrats a.

he is very qualified and i think has proven record of accomplis accomplishment, a lawyer from the private sectorork government as well. we will await the process allow us to move forward and the confirmation hearings to get underway but i would suspect his prospects would be pretty good, at least if you looked at this point trying to handicap it. >> let's talk about what's happening in the next few weeks. what some call the lame duck here. there some some work, still need to be able to get done. one of the things that senator lindsey graham has been vocal about is a conversation he has with the president in which he says the president told him he wants to attach criminal justice reform and border wall funding to the year end spending bill. what do you make of that proposal? >> there are several things that weve to do before the end of this year, before the next fu the rnmeut th gornmeave be pass the congress and sipped in law

by president. but remain about 25%, one of which is the appropriation bill that funds department of homeland sec criminal justice reform is an issue that we have a lot of members in our conference who support, but still being worked on and if it's going to be considered this year i think it's probably going to have to find a consensus that will enable it to move fairly quickly because we don't have a lot of time. have to fund the government, pass a farm bill, got a lot of nominations we want to move through the process a pretty detailed list of things that congress still has to get done and criminal justice reform obviously is in that mix at the moment. but how it shakes out in the end i think remains to be seen. but i would suspect in order for it to be a partof year-end train, everybody tries to hitch a ride on that train that there will have to be consensus so it can be expedited and not take the full six days procedurally that it could if all the

procedural tools were used by those who opposed to it. >> brennan: the president publicly pressuring, he wants criminal justice reform done, so you can't commit to that now? >> well, he does. we know that. we've had conversations with him and there are many -- as i said many republican senators lot of democrat senators want to see it happen as well. there are timing issues associated with it, but at the moment at least still some sense sieve issues that are being resolved. i think if they get that worked out if they can attract the support of more republican senators, there is still an opportunity for that to be finished this year. but if not obviously it will be taken up again next year and a lot of interest. >> brennan: very quickly. can you avoid a shut down before christmas? >> well, i think we can. i think people have to come together, democrats obviously need to support and get behind this border security issue.

shut the government down earlier this year over the issue of immigration, that didn't end well for them. i think making sure that we defend our borders is a priority for american people, should be priority for the congress. >> brennan: than you, senato senator. we'll be right back in a moment. ♪ ♪ ♪ ♪ ♪ ♪ ♪

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closed captioning provided by cbs sports division >> week 14 in the nfl. >> yeah, there's andrew luck. going against a defense, houston. 34 sacks. the indianapolis offensive line giving up 14. who wins that battle? >> 11 1/2 sacks for jj watt. he hopes to get his hands on luck. >> and patrick mahomes has 41