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President Trump to Sign Ending Government Shutdown; Interview with Senator Angus King of Maine; Interview with Congressman Adriano Espaillat of New York; House Senate Pass Bill to End Government Shutdown; The GOP Senator vs. WH Adviser Stephen Miller; GOP Considers Releasing Intel Alleging FBI Surveillance Abuses; FBI Says Request to Receive Nunes Memo Declined; Stormy Weekend. Aired on 8-9p ET

Aired January 22, 2018 - 20:00   ET


[20:00:10] ANDERSON COOPER, CNN HOST: Good evening.

After a weekend long standoff, Republicans and Democrats have approved a deal end the partial government shutdown. It is over. President Trump should be signing it any moment now. This will get the government back open for business but only for two and a half weeks up until February 8th. President Trump and the GOP, they are claiming victory tonight, and so, are some Democrats.

But keeping them honest, all they're really doing is kicking the government funding can down the road for another likely heated showdown next month.

Here's what happened today: Senate Majority Leader Mitch McConnell and Senate Minority Leader Chuck Schumer struck a deal to reopen the government without resolving any of the issues that sparked the shutdown, mainly a battle over immigration reform, deciding the fate of DACA, the Deferred Action for Childhood Arrivals program. Democrats want to stop any deportation efforts against the so-called DREAMers, those who were brought to the country as children and now live in the U.S. illegall.

McConnell indicated he'd be open to consideration of and votes on legislation regarding DACA and border security at a later date. That was enough for most Democrats to back today's short-term funding bill. They agree to reopen the government based on that promise. They were also happy to get funding, of course, for the Children's Health Insurance Program, CHIP, for six years.

As for Democrats, still, Senator Schumer is facing some criticism from those in his own party for backing the short-term spending bill. He went as far as calling today's deal, quote, a good solution. Take a look.


SEN. CHUCK SCHUMER (D-NY), MINORITY LEADER: Now, there is a real pathway to get a bill on the floor and through the Senate. It is a good solution. And I will vote for it.

President Trump's unwillingness to compromise caused a Trump shutdown and brought us to this moment. The facts are well-known.


COOPER: Meanwhile, there are plenty of questions around the extent of the president's participation in the negotiations. The White House discounts any criticism and is taking a victory lap.


SARAH HUCKABEE SANDERS, WHITE HOUSE PRESS SECRETARY: Look, what the president did clearly work. The vote just came in 81-18. I would say that those numbers are much more in the president's favor than in Senator Schumer's favor.


COOPER: So, politics as usual, all sides blaming the other and also claiming victory, as we the American people wait for another deadline and likely another showdown in just 17 days.

Let's get the latest now from Capitol Hill. That's where we find CNN's Phil Mattingly.

So, despite the spin, I mean, who are the actual winners and losers in all this?

PHIL MATTINGLY, CNN CONGRESSIONAL CORRESPONDENT: Well, Anderson, there's a reason that 16 Democrats in the Senate, 104 Democrats in the House voted against this proposal. And that was while they're not all homogenous in terms of what their issues were. As you pointed, it was largely the DACA issue and it's largely the trust deficit that still exists on Capitol Hill.

Some Senate Democrats saying that nothing should have been moved forward without a clear promise that House Republicans would take up, without a clear promise the president wouldn't be too involved or involved enough to set things aside at one point or another. Those are real problems. You're hearing it from the activist, you're hearing it from the base and you're hearing it from a lot of Democrats, that this wasn't a good deal.

But, Anderson, you also look at what this deal brings to the table. It brings to the table at least floor consideration for the Senate. And that is something you noted Chuck Schumer says is a win in the grand scheme of things.

You talk about a clear winner, Republicans, they didn't necessarily gave up any of their major leverages. They didn't necessarily make any promises that they didn't think they could actually keep, and they reopen the government with essentially the same bill they put on the table on Friday night when everything shut down.

In the end, I think everybody can agree, this wasn't exactly a glorious moment in the history of the institution. The real question now is, do short term victories equal long-term gains? And to Democrats right now who are questioning strategy and whether or not this is good idea, do they actually end up better in the long run?

Those questions are obviously not going to get answers to for a couple of weeks.

COOPER: And, of course, is there going to be another shutdown or facing another shutdown just a couple of weeks now?

MATTINGLY: Yes, look, I think the reality here as you look at the sheer scope of the issues still on the plate, and that's why Democrats are saying, look, you still have a lot of leverage here.

There's a $90-plus billion disaster relief bill that members of both parties want that's still hanging out there. There's a two-year budget agreement the raises spending caps on defense that Republicans are very, very interested in getting that Democrats have made clear they're not going to sign on to until there's some DACA resolution.

But you talk about the timeline here the things that they have to do in the course of a three week or four week period if they keep the government open on February 8th, they haven't been able to do anything quickly in this chamber or in these chambers in a long period of time and the question of whether they can actually do that now, it is an open one at that. I think one of the interesting elements Anderson you look at kind of winners losers, there's nuance to it and one of the pieces to keep a close eye on a bipartisan group, 25 senators over the last three or four days really kind of made some ties or bonds if you will to try and push to a point where there is a resolution.

Can that serve as a baseline for the institutions moving in a better direction, in less partisan direction at some point over the next couple of weeks? That's an open question. I'm hearing that from a lot of senators right now that they're hopeful that that might actually be the case.

We've seen groups like that get together and fall flat on their faces in the past, will this time be any different particularly in an election year? Nobody really knows the answer to that. But that at least is what a lot of people are seizing on, that if nothing else after these last three days where nobody's particularly proud of themselves, maybe that can serve as some type of baseline moving forward. But as you noted, there's a lot to do very little time, we'll have to wait and see, Anderson.

COOPER: Yes. Phil Mattingly, thanks very much.

I want to go now to the White House. CNN's Jim Acosta is there.

How much of a role, Jim, did the president play in this deal?

JIM ACOSTA, CNN CHIEF WHITE HOUSE CORRESPONDENT: It doesn't seem like much, Anderson. As you as you remember on Friday, the president met with Chuck Schumer behind closed doors here. There was a wall for DACA deal that was put on the table. The White House later rejected it. The White House chief of staff apparently told aides up on Capitol Hill that it was too liberal. And then ever since that moment, the president basically stayed behind

closed doors throughout the weekend, only spoke with Republican leaders up on Capitol Hill , did not speak with Chuck Schumer and so, he was no longer wheeling and dealing with the Democrats. That was essentially left to the Senate leaders up on Capitol Hill, Schumer and the Senate Majority Leader Mitch McConnell.

Now, from what we understand, some of this was by design. You'll recall, Anderson, all weekend long, we never saw the president. He was nearly invisible. It was sort of the art of the conceal, and that was by design, we're told by sources close to the White House, they did not want the president to be associated with the shutdown. They did want people to think of the president when they were watching this shutdown unfold and so that's why the president stayed under wraps.

COOPER: So, moving forward, you know, will the president work on a deal with both parties to avoid another shutdown in February?

ACOSTA: He did start doing that today. He met behind closed doors with a group of Republican senators and then later on in the afternoon he did meet with Senator Joe Manchin of West Virginia, and Doug Jones, the new senator from Alabama, a new Democratic senator from Alabama, they met behind closed doors. Didn't get a whole lot done there and it was sort of a meet and greet session for Jones and the president. However, it is an indication that the president is willing to at least meet with senators from both parties moving forward.

But the question is, Anderson, is whether the White House is simply asking too much from Democrats. I talked to various sources in the administration today who said that a wall is simply not enough to get a deal to protect the Dreamers from deportation, that it has to be a wall plus other items like ending the diversity lottery system, ending family immigration or chain migration.

And so, that is going to be up to Democrats to decide whether they can expect something like this. Consider this, Anderson, I talked to one senior administration official who said, quote, a wall does not equal border security, end quote. That is an indication as to how much the position over here at the White House on immigration is hardening at this point and the president essentially is listening to his aides, people like Stephen Miller and the White House chief of staff at this point, John Kelly, are both cautioning the president against taking those kinds of deals with the Democrats that he was considering last Friday.

And so, the question is at this point, can they ever get to a point where both sides agree to a deal to protect these Dreamers. It is going to be a wait-and-see process for the next 17 days -- Anderson.

COOPER: Yes. We're going to take a closer look at Stephen Miller coming up.

Jim, thanks very much.

ACOSTA: You bet. COOPER: Independent Senator Angus King who caucuses with the Democrats voted yes for this short-term funding bill. He joins us now.

Senator King, can you explain what change in your view from Friday night to today, because as you know, Republicans are basically saying didn't cave to any demands by Democrats, they're saying this whole episode is a win for the GOP?

SEN. ANGUS KING (I), MAINE: What changed in my mind was we got a firm commitment on the floor before the entire country from the majority leader to bring a DACA bill to the floor in a neutral format. I think the term he used was a level playing field. That's a first. That's a major development.

There have been sort of talks about it, yes, we'll do it sometime. And by the way, on a date certain, February 8th. So, that is -- you know, this is only the second time an immigration bill has been to the floor of the United States Senate in something like or 12 years, the last time was five years ago. So, getting that commitment I think was important.

Now, the question now is, will the majority leader honor that commitment? And I think he's under a lot of pressure to do so in part because -- and one of your -- I think Phil Mattingly mentioned, there's a bipartisan group that I met with all weekend. We did a lot of shuttle diplomacy, but there's a group of Republicans there who are committed to making something work here. And I think that's additional pressure on Mitch McConnell.

COOPER: Because -- I mean, Republicans say look there was always going to be a DACA vote in the near future that the shutdown was a blunder by Democrats. You're saying the public nature of what McConnell said that's what turned the tide for you?

KING: I think that commitment was important. Last night, I wasn't satisfied. He said sort of vague it was my intention. Today was much more explicit. He talked about the vehicle, that would be a level playing field vehicle. There would be an opportunity to bring all the issues forward.

It was a much more explicit commitment and that's what I think made the difference and this is not a small deal. I mean, people are saying I heard one of your reporters saying, well, we can't guarantee what the House is going to do. You can't. That's just not the way this place works.

There isn't anything -- the best thing we can do here in terms of the House is to get a bill that passes by 60 or 70 votes. Then I think we have the president's attention and the House's attention, and that's exactly what we're trying to do. And less than an hour after the vote, I was in a bipartisan meeting with about a dozen senators from both sides trying to -- starting to work on the border security issue.

And, by the way, there's a quote from the White House I agree with. The wall does not equal border security. I've been saying that all along. So, we're trying to find what the formula is for true border security.

COOPER: But it --

KING: Rather than simply talking about a wall.

COOPER: Because it sounds like what the White House is saying is that it's not just talking about a wall, you're talking about what they call chain migration. They're, you know, talking about other issues like that.

KING: Well, I think one of the things that we talked about this this afternoon, this is not comprehensive immigration reform. This is DACA and border security and I think that's where we need to focus.

And if they try to broaden the discussion, then it really is going to be become very unwieldy and it's going to be almost impossible to put a coalition together.

I see the immigration issue as a two-phase project. One is deal with DACA and border security, and then start talking about all these other issues, but if they start loading it up, then it's basically going to become impossible. The president said he wants a solution to DACA. He wants it to be bipartisan. And that's what we're going to do, everything we can in the next three weeks to deliver.

COOPER: Yes. Does it concern you though because in that very public meeting where cameras were allowed, bipartisan meeting, I guess it was two weeks ago, the president seemed to agree with Senator Feinstein about doing DACA and then and then doing what he termed comprehensive immigration reform, not clear he understood the meaning or how that phrase is commonly used. But then when Republican Kevin McCarthy jumped in and said, well, actually, Mr. President, I think what you really mean -- he seemed to side with the Republicans, and then seem to go back to the Democratic position.

KING: Well, I think if what you're suggesting is the president should try to narrow his position and make it more clear -- I mean, Mitch McConnell on the floor this past week said, I'm -- I can't vote on anything or bring anything to the floor until I determine what the president is for, and that was another big deal today.

Basically, Mitch McConnell separated himself from the president and said, we're not waiting anymore for the White House to settle on a position. On February 8th, if we haven't been able to resolve it through internal discussions, which is certainly what we're trying to do as I say starting two hours ago --

COOPER: Right.

KING: -- if we're not, we're going to bring a bill to the floor.

COOPER: Senator King, I appreciate your time. Thank you very much.

KING: Thanks, Anderson.

COOPER: Up next, a much different take on today's deal. We'll hear from a congressman who voted no and has a lot of concerns. We'll talk to him ahead.

Also, later, how the porn star who allegedly had an affair with the president when he was a citizen is trying to cash in on all the publicity.


[20:16:34] COOPER: Well, breaking news tonight, the partial government shutdown is ending after Republicans and Democrats voted to approve a temporary funding bill to keep the government running until February 8th, setting up still another fight to get a deal passed in less than three weeks. President Trump still has not signed the bill. That should happen in any moment.

Joining me now, someone who voted no on the deal, Democratic Congressman Adriano Espaillat.

Congressman, thanks so much for being with us.

Can you just explain why you were a no vote tonight?

REP. ADRIANO ESPAILLAT (D), NEW YORK: Well, once again, Anderson, the dreamers were left behind. This is a third consecutive time that I voted against a continuing resolution. I think that this is a dysfunctional way to run government. It's like paying your rent every week as opposed to at the end of the month.

And so, this is a dysfunctional way of running government and is a far broader than the DREAM Act. It's about the opioid drug epidemic, it's about not only giving a CHIP insurance to young children but also funding community-based clinics and teaching hospitals. It is about disaster relief. None of these issues were addressed for.

Obviously, the DREAMers were left out one more time and I felt compelled to vote note once again.

COOPER: So, do you think the Democrats have given up a certain amount of leverage by going along with this and just believing that a deal on DACA is possible down the road?

ESPAILLAT: Well, you know, I'm concerned that the Republicans will resort to this type of tactic, to create a crisis every three or four weeks and to try to score some cheap political points and try to make their way towards the midterms. So, I'm really concerned about that.

But the DREAMers are merit -- the issue of the DREAMers are meritorious on their own and the rank-and-file members of both the Senate and the House of Representatives on both sides of the aisle have worked very hard to bring forward proposals that the president have not -- has not taken up. And it's as simple as that.

And so, we're very concerned that the president is not invested in this and down -- and he'll come before us on next Tuesday on the State of the Union without having address the critical issues that affect the American people and, of course, leaving 800,000 DREAMers out in the cold. COOPER: Your colleague, Congressman Cedric Richmond, reportedly said that Senate Democrats were, quote, getting their butts kicked.

Is that -- in your -- I mean or when you agree with that that those -- that term?

ESPAILLAT: Well, the pendulum may have so on a different way today, but, you know, we'll live to fight another day and we just concern that the promises that were made by the leader in the Senate are true promises. I've been -- this is my first year but I learned quickly that many promises here are not kept. And so I'm concerned that on the 8th, we'll face another crisis that will lead to another assault -- public assault against DREAMers.

Some folks here on this on the floor of the House of Representative we're equating immigrants and DREAMers to violent criminals. How vile is that to a resort to flaming -- fanning the flames and racism from across America?

We live to fight another day, but I'm here to fight for the DREAMers. That's one of the reasons why I got elected and came into Congress and will be -- we'll be waiting again on the 8th. Let's see what happens then.

COOPER: Senator King was just on the program and saying that he believes because Mitch McConnell made this pledge publicly and that sort of his language was not the -- as divisive rhetoric, that he felt more confident that now, Mitch McConnell is on record pushing for some sort of a deal, or address -- at least dealing with this.

ESPAILLAT: Well, these debates about whether you will or you shall are really sterile at their very core.

[20:20:04] There are debates that show no commitment to resolving the critical needs. I met with a group of DREAMers last night. If you see them, Anderson, if you look in the young faces, that you see what they stand for, their aspirations, their energy and their love for this country, you really can't say no to them. That's why 80 percent of Americans are supporting them, but they got caught up in this debate about whether or not government will be shut down. It is unfair to them and it is unfair to their families on our nation.

COOPER: Congressman Espaillat, I appreciate your time. Thank you very much.

ESPAILLAT: Thank you so much, Anderson.

COOPER: I want to talk the politics of all this with our bipartisan panel. Joining me is Robby Mook, Rick Santorum, and Ana Navarro.

So, Ana, you heard the congressman highly critical the way this turned out. Did this shutdown accomplish anything in your view?

ANA NAVARRO, CNN POLITICAL COMMENTATOR: Look, I think it brought the DREAMer issue to the forefront, and I think it highlighted the urgency of a DREAMer issue. It has for the last week, the last 10 days, shown us the faces and the stories of DREAMers.

We have seen the stories of people that are getting deported, how they're getting separated from their children, what it's doing to American families and into the American way of life. So, I think it's highlighted what is an urgent issue that needs to be addressed.

It has also shown the horrible dysfunction that is Washington, that is our government. They keep kicking the cans down the road without really solving the national crises. It showed that Chuck Schumer could take a position and it showed that Chuck Schumer could hold it for two days. He couldn't hold the position.

So, you know, I think he's shown us a lot of things, but we don't know what the end game is going to be yet.

COOPER: Robby, was it a mistake for Democrats to go along with this?

ROBBY MOOK, CNN POLITICAL COMMENTATOR: Look, I'm as frustrated as anybody out there. I think it's lunacy what's going on that we can't fund the government it's lunacy that we're leaving these DREAMers in limbo and that this hasn't been passed when clearly the votes are there.

But all that said, understanding we're in a lunatic situation, the Democrats use their leverage to get a vote on these DREAMers. That is progress. If what we really care about here is getting policy passed, we took a step in the right direction.

A few days ago, we weren't getting this vote and hopefully now, there's going to be a vote. It will pass and there will be the political pressure to force the president to sign.

So, this is not an ideal situation. I'm unhappy like everybody else. But I think as Democrats, we have to step back, recognize the incredibly complex and difficult situation that Senator Schumer was in and recognize and frankly applaud these senators for holding the line and moving the ball down the field. That's how this stuff works.

COOPER: Senator Santorum, is that what Democrats did?

RICK SANTORUM, CNN SENIOR POLITICAL COMMENTATOR: I don't -- I don't see it that way at all. I mean, the reality is that what this showed the American public and is the reason the Democrats back down was the Democrats were more interested in illegal immigrants than they were about working men and women and the people in our military and keeping the government funded and taken an issue that had nothing to do with continuing funding and tried to inject that into a -- into a spending debate.

You know, Republicans have done this in the past and Republicans got their head handed to them. Every time -- you know, Ted Cruz did a couple years ago. Before that, we had other things when we were trying to put extraneous things and these spending bills.

And the public said, no, don't do that. I mean, if you got a problem with it with immigration or with Obamacare, deal with it, but don't mess up, don't shut down the government, don't get to this brinksmanship. You know, be adults.

And I think the Democrats did not learn that lesson. They thought that the media was going to be on their side, the folks you just heard earlier. We're going to go out and tell them how heroic they were. And what they found out as the American public said, no, we actually don't agree with what you're doing here and that's why they backed out.

NAVARRO: Actually, I think it's a little more complicated than that.

MOOK: Anderson, this is what's so absurd.

COOEPER: Go ahead, Ana.


NAVARRO: Democrats were putting illegal immigrants ahead of the working men and women in ahead of the men and women in the Armed Forces. Actually, DREAMers are the working men and women in America. And actually, there are 900 DREAMers who are serving in the armed forces today. And that's the type of people for whom we need to find a solution.

Look, you know, people may not like the shutdown, but the irony of this and the juxtaposition -- what made it really complicated is that they really approve of the DREAM Act.

Most people see DREAM Act kids, the DREAM Act youth as a special category within immigrants, within undocumented immigrants because we realized that they came here through no fault of their own. It was not their own actions. It was not their own decisions and now they are Americans in every way but one.

And does this country have the heart to say -- do Republicans have what it takes to see families separated and then lecture us about family values to see employers left without employees and then lecture us about business to see schools empty of students and then lecture us about education.

You know, so that's the question that the president has to answer --


SANTORUM: You're missing one very important point, that the bottom line is that people who are here illegally are here illegally.

[20:25:02] We break up families all the time when people commit illegal acts, but it happens all the time. Families get broken up. People lose their employment when they commit illegal acts.

And the reality is, you mentioned --

MOOK: But, Senator Santorum --


COOPER: Let him finish --

SANTORUM: Over 700,000, you're talking about 700,000 DREAMers and you said, well, nine hundred are in the military and, of course, those haven't have an opportunity to gain their citizenship under the current law.

So, the reality is there are pathways for people going forward and what Republicans are asking for here, what Donald Trump is asking for is something very, very reasonable. And so far, the Democrats have been unwilling to move forward.

They want four things -- four things that the Democrats have voted for time and time again: border security, they want at the end of the visa lottery, they want the chain migration to be limited, and they want to deal with this DACA issue. Put a bill together that does for those four things, not 20 other things, which is what the, quote, compromise did, and I bet you'd be surprised --


COOPER: I've got to take a break. I'm sorry, I'm going to talk over you because I have to take a break.

We're going to continue this conversation in a moment.

The President Trump helped or hurt in negotiations, do you think he even played a part in brokering the deal to get the government back open? We'll take a break and we'll be right back with the panel.


COOPER: The breaking news: the shutdown ending, Congress has approved a deal to keep the government funded for 17 days.

Back now with the panel.

Robby, we haven't heard you, I want you to be able to respond to Senator Santorum was saying.

ROBBY MOOK, FMR CLINTON CAMPAIGN MANAGER: I think the -- what Senator Santorum was pushing this argument that the GOP has been pushing all day which is the Democrats only care about immigration. The whole reason that this DACA vote is so important is because President Trump ended the program. If he -- if the President cared so much about infrastructure, healthcare and all these other issues, he could have left this DACA program in place which by the way almost everybody supports and we wouldn't be having this fight right now.

So, I just, you know, these shallow arguments and frankly on both sides just need to stop. There's -- and so much that these senators have in common and we saw them starting to work together today. Gosh, let's just push forward and pass the things that everybody agrees on and stop all of these silly games. I don't care who won the shutdown fight. I'm just happy we're going to have the votes that we nee to have, we might get the policy this country needs and wants. COOPER: But wasn't it a court Robby that declared what President Obama had done was not constitutional?

MOOK: Yes, but the President -- I'm sure that the President Trump could have done something to save this. I mean he is totally having this both ways by doing everything he can to kill it on a one hand and then, you know, in the other hand saying, well I'll do something if Congress can. But and changing as soon every day. And let's remember too, the senators came to the President with a bipartisan agreement on this and he was the one who blew it up because he couldn't control his mouth and made some racist statements. I mean he is the real problem here. And I think -- we should be proud that a bunch of our senators stood up. And without an agreement moving today. That's a deal.

COOPER: Senator Santorum I mean is it clear to you how much President Trump was actually involved in ending the shutdown, because you hear the White House claiming credit but was this more White House victory or McConnell victory?

RICK SANTORUM, CNN SENIOR POLITICAL COMMENTATOR: Well, I think the President, you know, when you have a winning hand, you seat there and you hold your hand. And there was no reason for the President to go out there and negotiate with himself. The reality is the Democrats we're going to came, because the public is moving against and for all the reasons that I talked about earlier. And there was no reason for the President to go out and do anything other than stand his ground and say, you know, we'll deal with this issue separately. We're not going to include this in the spending package. And look, I agree that something needs to be done on this issue. I also want to point out as you did Anderson, the President was following the law unlike President Obama who didn't follow the law when it came to these DREAMERS. The reality is I think the House needs to move and if you would, my suggestion is that Paul Ryan and the House get a bill, do the four things that President Obama had said that he wants to do. Put those four things in a package and send them over to House, show the American public that he House is willing and Republicans are willing to pass the bill that provides some relief for DREAMERS as well as meet the other four conditions the President, get it to the Senate and let them deal with it.

COOPER: Ana, do you think it was a mistake for Democrats? And do you think to Senator Santorum's point, the Democrats would have been blamed for this shutdown if it went down longer?

ANA NAVARRO, CNN POLITICAL COMMENTATOR: Look, I'm not sure if it was a mistake or the right thing to do. But I do know that -- but for this, there would be no promise from Mitch McConnell right now for there to be a vote before February 8th on the DACA issue. And it is an issue for which that clock keeps counting down. If you're a DACA kid right now, you realize that you've only got six weeks left. They have had six months to deal with since Donald Trump ended the executive order.

And so, you know, there is this sense of urgency, whether it was a mistake or not Anderson, I think we'll know the answer to that on February 9th, February 10th. Whenever we know the answer or whether this in fact leads to legislation, to a law being pass then peoples who's lives are in limbo, who's future are in limbo right now, having some certainty and being able to achieve the American dream. Although we don't -- ask me then if it was a mistake a not.

COOPER: Robby, I talked to Independent Senator Angus King earlier in broadcast, who was saying, the fact that Mitch McConnell made a public pledge and use sort of not very divisive language that is what made him decide to vote for this continuing resolution.

MOOK: The senators obviously know him better than I would. I don't trust him that much. But I do trust the senators on both sides that are saying that they believe that he will keep his word. I think Ana had this exactly right. I think we will know in early February if this was a good deal to make. I think given all the information today this was the right choice for Schumer, the right choice for the Democrats. And Americans should hold the majority leaders' feet to the fire to follow through on this. Again, what's remarkable about this is everybody agrees on this. So we should be possible to pass this no problem, and holding is weren't shouldn't be a problem.

COOPER: All right, I want to thank everybody in the panel.

Just ahead, the GOP in fighting over immigration, one Republican senator points blame at White House adviser Stephen Miller's obviously outspoken confidant of the President.

[20:35:04] Is the senator's criticism fair? What we know about Mr. Miller, next.


COOPER: More on our breaking news tonight, Republicans and Democrats passing a deal on Capitol Hill to keep the government running until February 8th. The question is, can they reach the deal to avert another showdown in 17 days. This was the first shutdown ever when one party is in control, both Congress and the White House, which might have notice, there some GOP infighting. Over the weekend Republican Senator Lindsey Graham wasn't shy it having blaming some of what blames and blame, the Trump White House. We have to single out senior White House adviser Stephen Miller, here's what he said.


SEN. LINDSEY GRAHAM, (R) SOUTH CAROLINA: The reason we yank these things back is because Mr. Miller, I've known him for a long time. I know he's passionate and an early supporter of the President, but I'll just tell you his view of immigration has never been in the mainstream in the Senate. And I thin we're going to -- never going to get there as long as we embrace concepts that cannot possibly get 60% votes.


COOPER: The White House Press Secretary Sarah Sanders is pushing back on that. She's telling CNN, "Stephen is not here to push his agenda, he's here to push the President's agenda like everybody else in this building. We are doing our best to carry out what the President has laid out and to implement and communicate his principles and Stephen is no different on that front than anyone else."

[20:40:08] That's how the White House sees it, but no one is going to dispute, Stephen Miller is not shy about speaking his opinion and his no stranger to politics. Randi Kaye tonight, looks back.


RANDI KAYE, CNN CORRESPONDENT (voice-over): He is Donald Trump's youngest policy adviser, the man at the center of the immigration battle who seems like he is always ready for a fight.

STEPHEN MILLER, SENIOR ADVISOR FOR POLICY, WHITE HOUSE: That is one of the most outrageous, insulting, ignorant and foolish things you'd ever said.

KAYE (voice-over): The Senate (ph) today turned White House adviser Stephen Miller has found the ultimate national platform for the conservative use he first embrace as early as high school. After the 9/11 attacks when he was just 16, he penned an editorial for the Santa Monica lookout, arguing his high school wasn't patriotic enough. Osama bin Laden would feel very welcome at Santa Monica High School, he wrote. In that same article, Miller complained about rampant political correctness. Spanish language announcements and his classmates who lack basic English skills.

MILL: I would say and I will do things that no one else in their right mind would say or do.

KAYE (voice-over): All of this it seems just a dress rehearsal for his next stop, Duke University. Writing for the Duke Chronical, Miller sounded the alarm without immigration. We oppose comments and security measures, we give drivers license to illegal aliens. At Duke, Miller also made a name for himself in the national media by speaking out in support of the Duke Lacrosse players in a racially charged rape case.

MILLER: Nothing seems to be changing, is this doing --


MILLER: -- we are really, really mad.

KAYE (voice-over): The Lacrosse players were eventually exonerated. After graduating, Miller moved to Washington D.C. lending a press secretary job for then Congresswoman Michelle Bachmann, despite having no experience. Later in 2013 as an aide to then Senator Jeff Sessions, Miller helps Sessions derail an immigration deal by distributing a handbook packed with talking points to help kill the bipartisan effort. In Washington Miller connected with Steve Bannon who gave him entry into Donald Trump's orbit and campaign 2016, Miller on the world stage crafting Trump's speech, accepting the Republican nomination.

DONALD TRUMP, PRESIDENT OF UNITED STATES: I humbly and gratefully accept your nomination. KAYE (voice-over): Miller also co-author the President's travel ban. After a federal judge struck it down Miller suggested the judge had no right to question the President's authority.

MILLER: Our opponents, the media, and the whole world will soon see as we begin to take further actions that the powers of the President to protect our country are very substantial and will not be questioned.

KAYE (voice-over): Late today, White House spokeswoman Sarah Sanders was asked if Miller has veto power on immigration.

SARAH SANDERS, PRESS SECRETARY, WHITE HOUSE: The only person I'm aware of with veto power in this country is the President.

KAYE (voice-over): For his part, the President seems to like with no one represents, especially his combativeness.


MILLER: You know, Jake, you can --


MILLER: -- no, no, no, you can be con did descending.


KAYE (voice-over): All in a day's work for the kid from Santa Monica.

Randi Kaye, CNN, New York.


COOPER: Look, a powerful White House adviser. Now let's go to Chris Cuomo, we'll look ahead on what is coming up in "Cuomo Prime Time" at the top of the hour. Hey Chris.

CHRIS CUOMO, CNN ANCHOR: Good evening my friend. Tonight we're going to do with a little bit different. We have the big shot from the White House returning Kellyanne Conway, but tonight she is going to be asked to do something she has never done on TV before.

COOPER: What's that?

CUOMO: Whoa, that is the tease, my brother. That is the tease.

COOPER: All right, Chris (INAUDIBLE).

CUOMO: I going to figure out what that is now. I won't go ahead and --


COOPER: Yes, get working on that, OK. Up next, will they or won't they? A lot of buzzer in the classified Republican memo and alleged FBI surveillance abuses. House Republicans want it released. Democrats say, the whole thing is a political stunt. I'll talk with the member of the House Intelligence Committee, next.


[20:48:12] COOPER: Over the weekend as the Senate was wrestling with the government shutdown, the chairman of the House Intelligence Committee was meeting with key allies and House discussing the prospect of releasing a classified memo prepared only by Republicans but alleged FBI abuses in the nation's surveillance laws.

Those abuses Republican say resolve around the so-call steele dossier and its impact on the overall Russia investigation. The Chairman Deven Nunes wants some of the research behind the memo to be declassified. Chairman Nunes, I'll remind you step aside from his own committees Russia probe last year after coming under investigation after reports he may have made unauthorized disclosures of classified information.

Early I spoke with Democrat Jim Himes of Connecticut who serves on the Intelligence Committee.


COOPER: Congressman Himes, you've seen this memo, I know there's only so much you can say, because it's classified, but generally, how would you characterize it?

REP. JIM HIMES, (D) INTELLIGENCE COMMITTEE: Well, the memo Anderson is -- I mean I'll tell you, it harkens me back to Benghazi where, you know, there was an effort to come up with all of these conspiracy theories about how there had been a stand down order and how, you know, people had deliberately acted poorly. That's what this is. This is the latest installment in Chairman Nunes' sort of one-man operation to try to damage, throw mud on the FBI and the DOJ, all in service of calling into question. Bob Mueller's investigation and of course trying to provide some, any substantiation to the crazy charge of so long ago that the Obama administration was somehow spying or wiretapping the Trump campaign.

COOPER: So when you hear Republican colleagues and yours and the House describe in the content is jaw dropping saying that Americans will "be surprise, how bad it is " what do you say to that?

HIMES: I would say that it is partisanship at its worse. That many people years from now will look back on the damage that they did to the FBI and to the DOJ based on no evidence. And the reason I say no evidence Anderson is because the memo is based on highly, highly classified things. So highly classified, that most members of the Intelligence Committee had not seen, but that certainly your average member of Congress has not seen. So inasmuch as members of Congress are out there making confident assertions, what they're doing is putting their credibility at risk because they haven't seen any of the underlying evidence which does or does not suppose the talking points, the allegations that compromise this memorandum. And, look --

COOPER: Wait. So they don't even know what they're talking about?

HIMES: They have not seen the evidence which underlies the talking points, the allegation in this memorandum. So they have no basis to know other than Devin Nunes' personal opinion that there is any truth to these charges, because they have not seen the underlying classified information.

COOPER: Some of your colleagues are calling for full transparency. What's the harm in releasing a redacted version of the memo?

HIMES: Well, I actually would support that. Look, I'm not a big fan of putting out Republican talking points where there isn't an ability for people to look at the underlying classified information. But if it's anything like the four-page memorandum, which a quick reading -- you know, the thing just, you know, kind of reeks of poor work, of bad logic. I imagine they'll clean it up, but if you can see the actual memorandum, you would see that in the very first line of the memorandum, there's something said that is obviously untrue. So, you know, I think it's important -- I'm always a fan of transparency. I think it's important that this get out of here. And then I think it's important for the FBI, whose reputation is being damaged, who is being dragged -- the FBI, these are people who serve us, who keep us safe, whose lives are on the line. They are being used as a political tool by Devin Nunes and the conservative press to try to damage Mueller's investigation. I think it's really important for them to find a way to rebut what I think is -- are fundamentally rebuttable charges.

COOPER: Yes, I mean does it make sense to you that the FBI's request to get a copy of the memo was declined?

HIMES: Well, it's interesting you say that because that should tell you something. You know, if you make an accusation against somebody and then you say, you can't even see the accusation, that should tell you something. I mean there's a reason in court that you put accusers in front of defendants, so that you can have it out. So the very fact that they won't let the FBI see this memorandum -- and I know why. It's because that memorandum is so flimsy, is so pathetic in the allegation that it draws, that the FBI they'd have to get over classification challenges, but they would make quick work of saying this is just flat out wrong. So the fact that they're not making it available to the FBI should tell you something.

COOPER: Congressman Himes, appreciate your time. Thanks.

HIMES: Thank you Anderson.


COOPER: Well up ahead right now, a public appearance at a not so surprising venue, by the woman who allegedly had an affair with Donald Trump years ago, an affair denied now by President Trump and his attorney.

(COMMERCIAL BREAK) [20:51:51] COOPER: Well, it may come as no surprise that the woman at the center of an alleged affair with Donald Trump is beginning to cash in on the publicity. Her first appearance in South Carolina coming as a liberal watchdog group filed two complaints today saying an alleged cash payment to her by a lawyer for Mr. Trump violated campaign finance laws. We asked intrepid Brian Todd's to report on Stormy Daniels' first public since well since the storm began.


BRIAN TODD, CNN CORRESPONDENT (voice-over): Tonight Stormy Daniels is capitalizing on her alleged affair with Donald Trump but not revealing details about it.

UNIDENTIFIED MALE: It's the trophy club on the heels of Stormy's national publicized alleged affair.

TODD (voice-over): Daniels appeared at this strip club in Greenville, South Carolina, over the weekend. The owner won't tell us how much he paid her or how much he made, but said he booked her as soon as he saw published reports on the alleged affair.

JAY LEVY, OWNER, THE TROPHY CLUB: There's no politics involved it just -- I happened to be dumb lucky with what's happening.

TODD (voice-over): But CNN has told Daniels could be book in other adult clubs around the country in the coming months. Daniels made a quick getaway after her performance and would not talk to journalists about her alleged sexual encounter with Trump reported by "In Touch Magazine and the "Wall Street Journal." But she was quoted as saying her life since the story broke has been stressful and amusing. Stormy Daniels has had a long career as a porn star.

STORMY DANIELS, PORN ACTRESS: I'd be willing to show you around. You'd be surprised at how much there is to do around here.

TODD (voice-over): And even a potential Senate candidate.

DANIELS: Politics can be any dirtier job than the one I'm already in.

TODD (voice-over): But the "Wall Street Journal" says that shortly before the 2016 election, she was paid $130,000 by Trump lawyer Michael Cohen to stay silent about alleging a sexual encounter with Donald Trump in 2006. Cohen has never denied making the payment. And tonight there is new information about a reported attempt to cover up her claim of an affair. In 2011, Michael Cohen threatened to sue "In Touch Weekly" magazine if it published their interview with her according to four former magazine employees who spoke to the associated press.

"In Touch" never published Daniels' allegations of an encounter with Donald Trump at a golf resort in Nevada until now. Before the associated press story broke, CNN asked "In Touch's" new editor why it was held for seven years.

JAMES HEIDENRY, IN TOUCH WEEKLY: Why wasn't it published before, I can't really speak to. In fact, I don't have the answer.

TODD (voice-over): One Trump biographer isn't surprised that his lawyer reportedly threaten to sue the magazine.

MARC FISHER, CO-AUTHOR, TRUMP REVEALED: He has a long pattern of going after people legally whether they've criticized him, whether it's someone who has some embarrassing information about him. He uses threats, lawyer letters, actual lawsuits all to control the message.


TODD: Michael Cohen did not get back to us regarding the "Associated Press" report that he threatened to sue "In Touch Magazine". The magazine's representatives told us they would not comment on that report, but Cohen has previously denied that the affair took place. And Vice President Mike Pence has just told the "Associated Press" that the reports about the alleged affair are, "baseless". Anderson.

COOPER: All right, Brian Todd. Brian, thanks.

Thanks very much for watching 360. Time to hand it over to Chris Cuomo for "Cuomo prime Time." Chris.

CUOMO: All right thank you, Anderson. Everybody is celebrating, but tell me, who won? The GOP? First shutdown ever with one party in control of Congress and the White House. A band-aid that ensures we do this again in three weeks.

[21:00:09] The Democrats? What did they get? A promise of good intentions. Is that helping DREAMERS sleep better tonight?