Sources: Trump Angry, Isolated & Weighing Administration Changes; Showdown in Senate Over Bill to Protect Mueller Investigation; Judge Hears Arguments in CNN Lawsuit to Reinstate Press Pass.
JAKE TAPPER, CNN ANCHOR: You can follow me on Facebook and Twitter, @JakeTapper. You can tweet the show, @TheLeadCNN. Our coverage on CNN continues right now.</s>WOLF BLITZER, CNN ANCHOR: Happening now, breaking news. Deciding shortly. President Trump, said to be isolated and fuming, weighs the future of top administration officials, including his homeland security secretary. Is a shakeup imminent? Taking it to court. CNN and the White House face off before a federal judge over press access after the president claims he can pick and choose which reporters are allowed inside. Will the judge restore the press pass of our chief White House correspondent, Jim Acosta? Rising death toll. More bodies are recovered in California as federal officials survey what one calls one of the most complicated disasters ever to strike the U.S. And with friends like these. Conservative lawyers form a new group to put checks on President Trump and speak out against his abuses and attacks. Among the high-profile founders, the husband of White House counselor Kellyanne Conway. I'm Wolf Blitzer. You're in</s>THE SITUATION ROOM. ANNOUNCER: This is CNN breaking news.</s>BLITZER: We're following multiple breaking stories this hour, including a possible White House shakeup at any time as President Trump openly weighs firing top administration officials. The president described as isolated and growing more furious by the day, following Republican losses in the midterm elections and poor reviews of his weekend trip to France. The tension with European leaders was clearly evident. I'll talk about that and more with Congressman Hakeem Jeffries. And our correspondents, analysts and specialists are also standing by. First, let's go to our senior White House correspondent, Jeff Zeleny. Jeff, tension clearly very high in the West Wing right now.</s>JEFF ZELENY, CNN SENIOR WHITE HOUSE CORRESPONDENT: Wolf, no question about it. Tensions are high at all levels: from lower-level staffers to senior staffers. Not sure of what their standing is as the White House enters this new phase here. And the president has not been seen much at all since election day. He -- he held an event a few moments ago on prison reform, but that was the first time many people have seen him. But behind the scenes we are told that he's been brooding and angry and looking for change.</s>ZELENY (voice-over): After projecting optimism a week ago after the midterm elections --</s>DONALD TRUMP (R), PRESIDENT OF THE UNITED STATES: It was a big day yesterday. Incredible day.</s>ZELENY: -- tonight President Trump's mood is anything but. He's isolated and growing more furious by the day, White House officials tell CNN, with one bluntly saying, "Yes, he's pissed at damn near everyone." And tonight, he's searching for a scapegoat. In an Oval Office interview with "The Daily Caller," the president revived old conspiracy theories about voter fraud: "The Republicans don't win, and that's because of potentially illegal votes," he told the conservative website. "When people get in line, they have absolutely no right to vote, and they go around in circles. Sometimes they go in their car, put on a different hat, put on a different shirt, come in and vote again. Nobody takes anything. It's really a disgrace what's going on." There is no evidence to back up the claim aimed at the Florida recount. But it offers a window into the president's state of mind as the White House heads into uncharted territory, with Democrats assuming control of the House, and Special Counsel Robert Mueller inching closer to issuing a report on the Russia investigation. A day after first lady Melania Trump launched a public grenade across the White House, saying deputy national security adviser Mira Ricardel "no longer deserves the honor of serving in this White House," she reported to work today, a rare personal rebuke for Mrs. Trump. CNN has learned she's been quietly calling for her firing for weeks because of a conflict over her trip to Africa last month. When the problem wasn't solved, Mrs. Trump went public. All that as a far bigger shakeup is looming. Even as the president says he will soon decide the fate of Homeland Security Secretary Kirstjen Nielsen, she was at the U.S./Mexico border today, alongside Defense Secretary James Mattis, receiving a briefing from military commanders.</s>KIRSTJEN NIELSEN, HOMELAND SECURITY SECRETARY: It's evolving very quickly.</s>ZELENY: The president has made little secret of his dissatisfaction with Nielsen on his two signature issues, immigration and border security. It could touch off a domino of departures, including White House chief of staff John Kelly, who is Nielsen's top advocate inside the administration. The president is already talking to a handful of potential replacements for Kelly, including elevating vice president's chief of staff Nick Ayers to the post. But even before his name, CNN has learned there's been aggressive pushback against him, with some senior aides even threatening to resign if he's tapped for the job.</s>ZELENY: So even with questions here about a shakeup in the second half of the first term of the president's time here, Wolf, he did just sign a -- or actually announce his support for a bipartisan prison reform bill. It's going to be very interesting to watch in the lame duck session here going forward. Some conservatives oppose that, and some Democrats support that. But, Wolf, interestingly, the president was asked specifically about those voter fraud allegations he made earlier about those voters in Florida. He looked directly at reporters, Wolf, but would not give any evidence or answer questions.</s>BLITZER: Jeff Zeleny at the White House for us. Thank you very much. We're also following breaking news up on Capitol Hill, where two senators, including Republican Jeff Flake, are demanding a vote on a bill to protect the special counsel, Robert Mueller, but were blocked by the majority leader, Mitch McConnell. Our senior congressional correspondent, Manu Raju, is joining us with details right now. Manu, Senator Flake is issuing a direct threat to get a vote on this bill. MANU RAJU, CNN SENIOR CONGRESSIONAL CORRESPONDENT; Yes, he is. He's saying he's going to vote against all pending nominations in the Senate Judiciary Committee and all pending judicial nominations on the floor of the full Senate until he gets a vote on this bipartisan bill that would make it harder to dismiss special counsels like Robert Mueller. So that accounts for about 21 judicial nominees in the committee, 32 on the floor. And why that's significant is because only -- there's only 51-49 breakdown in the Senate right now. So if two Republican senators over an additional one in addition to Jeff Flake were to join him, that would be enough to scuttle any further judicial nominees until the special counsel bill gets voted on. Now Mitch McConnell blocked any efforts to move forward today, because he believes that the president will not do anything to quash the Mueller probe. Still, that prompted significant concerns from Jeff Flake, along with Senator Chris Coons of Delaware, who went to the floor to raise their concerns about the way this investigation is going and the person who is now overseeing it.</s>SEN. JEFF FLAKE (R), ARIZONA: With the firing of the attorney general and, in my view, the improper installation of an acting attorney general who has not been subject to confirmation by this body, the president now has this investigation in his sights, and we all know it.</s>RAJU: So that acting attorney general, Matt Whitaker, someone who was installed, post last week, someone who has been a sharp critic of the Mueller investigation. I asked Jeff Flake at a press conference here just moments ago whether or not Matt Whitaker should recuse himself from the Russia investigation. He said he should recuse himself. That's breaking with most Republicans on the Hill, who don't have concerns with Matt Whitaker. Now, at the same time, Flake and Chris Coons called for hearings to discuss with Matt Whitaker exactly how he views the Mueller investigation. Chuck Grassley, who is currently the chairman of the Senate Judiciary Committee, told me earlier today that they will not move forward with hearings this year. He said that they're going to look for a new attorney general nominee to come forward instead. So you're seeing resistance from the Republicans and the Republican leadership over doing anything to deal with the Mueller investigation or to push back against the Whitaker appointment. We'll see if that posture changes if pressure continues build from this effort, led by Jeff Flake and Chris Coons, to demand a vote and if they're able to deny any further judicial nominees from getting confirmed this year, Wolf.</s>BLITZER: This is clearly a big deal, Manu, that Mitch McConnell won't even allow a vote like this to come forward. There must be deep anger, clearly, among the Democrats, but I suspect not just Jeff Flake among the Republicans.</s>RAJU: Yes. There certainly are Republicans who are supporting it, but there are Republicans who are not going as far as Jeff Flake. Lindsey Graham of South Carolina actually co-sponsored this bill, as did Thom Tillis of North Carolina, another Republican, and neither of them joined Jeff Flake and Chris Coons on the floor to demand a vote. And Chuck Grassley himself voted for this bill in the committee, but he did not join them on the floor here. The question, Wolf, is whether or not the Democrats and Flake and some of these Republicans will succeed in adding this to a must-pass spending bill that must pass by December 7 to avoid a government shutdown. How far are they willing to take it? House Democrats want to push this very hard. Some Senate Democrats are uncertain about how hard they want to push it, but this fight is not ending. It's bound to intensify in the days ahead, Wolf.</s>BLITZER: I suspect it will. All right, Manu, thanks very much. Manu Raju up on Capitol Hill. Also breaking this hour, a very important hearing in CNN's lawsuit against President Trump over the decision to suspend the press pass of our chief White House correspondent, Jim Acosta. Let's go to our chief media correspondent, Brian Stelter. He has the very latest. So Brian, tell our viewers what we know, what's happening right now. Some drama unfolding.</s>BRIAN STELTER, CNN CHIEF MEDIA CORRESPONDENT: Yes, this hearing began around 3:40 p.m. at the U.S. District Court. It is continuing now, and it looks to continue for at least a little while longer. But Judge Timothy J. Kelly may issue a ruling from the bench right after the hearing. That means he could make a statement this evening about whether Jim Acosta's press pass should be reinstated right away. That, of course, is what CNN and Acosta are asking for. They've applied for a temporary restraining order and a preliminary injunction against the government so that Acosta's press pass will be returned. But a government lawyer is speaking right now in court, and he is arguing that the White House action was lawful and followed accurate and fair procedures. There are two arguments here, Wolf. Two arguments. One involving the First Amendment, one involving the Fifth Amendment of the Constitution. The First Amendment argument that CNN is making in court is that Acosta was being discriminated against because of his point of view or his content, because of his reporting as a CNN correspondent. The judge expressed some skepticism about that point of view and said there is some evidence that it was Acosta's behavior or conduct that led the White House to revoke his press pass. All of this, of course, goes back a week to that press conference that the president held after the midterms. Acosta tried to ask several questions. The president tried to move on. Acosta held onto the mic, asked another question and then surrendered the microphone. So based on that exchange, which, of course, we all saw on live TV, the White House revoked the press pass, and now it's a battle in court. So the First Amendment issue being discussed in court and so is the Fifth Amendment issue. That, of course, involves due process. CNN and Acosta's lawyers say that Acosta was denied due process. After all, he was surprised when he walked up to the White House that night and was told he was not allowed to enter. But the government lawyer right now in court is arguing that due process was followed. Apparently, they're claiming that, because Trump was critical of Acosta in the press conference, that somehow was due process. We will see if the judge agrees with that argument or not. As I said, Wolf, the conversation is still going on. The arguments are still going on in court. We may hear a resolution in the next hour or so. BLITZER; I assume as you find out, we'll get back to you, Brian. Thank you very much. Clearly, lots at stake in this decision by this federal judge. Let's get some analysis right now. Jeffrey Toobin, you're our lawyer. You've read the arguments on both sides. What do you think?</s>JEFFREY TOOBIN, CNN CHIEF LEGAL ANALYST: Well, I think -- CNN's argument under the First Amendment is really their better argument. The argument that, you know, if the White House is going to set up a system where people get press passes, you can't discriminate among the various reporters on the basis of their views, on the basis of what they say. That is content-based discrimination. And that's something that is generally prohibited under the First Amendment. I think the due process argument is weaker. I don't think, you know, the White House is obliged to follow, you know, strict procedures in deciding who gets a press pass and who doesn't. But the idea that Jim Acosta's press pass was taken away because of what he said, not because he was disruptive, not because he proved himself unfit to be in the pressroom, that argument, I think, is where CNN is going to win or lose. And I think it's a good argument.</s>BLITZER: I think it's a very good argument. You know, Gloria, the president is really determined and the White House is determined to fight this, and it sort of underscores the foul mood based on what the president has been saying, that he clearly is going through right now, presumably as a result of his disappointment that the Republicans didn't do better in the midterm elections.</s>GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: Yes. Look, the White House called it a stunt. It's obviously not a stunt. It's a very serious issue. And all of us have done a bunch of reporting today about the mood inside the White House. It's kind of like a hyperventilation chamber in there -- in there. The president is in a bad mood, didn't do as well as he thought he should have done in the midterm elections. He wants to clean House. I have a source who told me, you know, yes, he's upset at people, but on the other hand wants to face off against the Democrats. He's looking forward to that, because he likes to -- he likes to have an enemy. But everything is up in the air there now, which is I think the way Trump likes it. You know, people's heads are on the chopping block, sort of. Somebody we thought was fired yesterday is still there today. And all of this is being played out in public, like a soap opera, which is the way the president likes it.</s>DANA BASH, CNN CHIEF POLITICAL CORRESPONDENT: And there's always, you know, this -- you live -- going through those doors every day. But there's always a sense of chaos and a sense of uncertainty. But that is heightened, we are all told, to the Nth degree right now. You know, the president thrives on reports that this person in the cabinet or that person in the staff are going to potentially get fired. But right now, we're told that's real. It's not just, you know, playing games. It's real. And what is really troubling to people inside the White House, and in and around the Trump world, not just people who work in the building, is the uncertainty is, even more than usual, being fomented by the president. It really is kind of a "Hunger Games" situation, that he knows that people are worried for their jobs, and is kind of involved in situations, whether it's sitting in a room in the White House on election night, huddled with the first lady and Nick Ayers, who's now the vice president's chief of staff, very much rumored to be and talked about to be his next chief of staff, huddled there for a long time. People looking at them and saying, "What's going on? What's this about?" My understanding is that that was intentional. Whether Nick Ayers was offered a job there or not, it doesn't matter. He was trying to see, is somebody going to leak this? Is somebody going to, you know, think that maybe Nick Ayers has the job that John Kelly wants? And the president revels in that kind of uncertain and, frankly, backbiting.</s>ABBY PHILLIP, CNN WHITE HOUSE CORRESPONDENT: And this is a moment he's been looking forward to for some time now. He's been waiting until the midterm elections were over in order to make some of these big moves, because he had been told by his advisers and by Republicans on the Hill, "Please do not do anything else to create more problems for us going into this election." That's over with. And so now he's taking this moment to let his staff know that he wants a change. But as with always with President Trump, he's seeing problems all around him. He's seeing people giving him bad advice. He's seeing things not going well for him politically. And he's blaming everyone but himself. Everyone around him is being blamed for all the problems that he believes that he's experiencing. That's not necessarily new, but the timing right now allows him to potentially make some really big changes, and potentially, some dramatic ones that could have ripple effects going down the chain of command within the White House and within the administration.</s>BORGER: Don't forget, he's already fired the attorney general. I mean, that was a pretty big --</s>BLITZER: That was a week ago.</s>BORGER: Was that a week ago? That was a pretty big change. And he's just come off of a month of adulation, where he loves, he gets energy from being on the campaign trail.</s>BASH: That's a good point.</s>BORGER: He was out there for a month, and everybody loved him, and he was excited and he thought he was going to win. And then suddenly, the bubble bursts, and it didn't really work out that way. So he's looking for people to blame. And so it will not only be his chief of staff or his homeland security adviser, but it may -- it may go down to other places in the cabinet, I'm told, where he's just not -- he's just not thrilled with the way people are performing and his feeling is, you know, "I want to clean House now, because I know how to do this job. And no matter whom I appoint as chief of staff, that person is going to be a paper pusher. I'm really going to be running the White House."</s>PHILLIP: And suddenly, Abby, and you get in these photo ops many times. Suddenly all of a sudden, reporters are shouting questions to the president, and as opposed to what he was doing until the last few days, he's refusing to answer their questions at these various events.</s>PHILLIP: Yes. That's a really interesting development. And that also has to do with the fact that the midterms are over. The strategy leading up to the midterm elections was to let Trump try to control the narrative by talking as much as he could to reporters directly: answering those questions, talking about what he wanted to talk about. That's all over now. He's in a bad mood. He doesn't want to take questions. He just wants to go about doing only the things that he wants to do. It's worth noting also, Wolf, the president has been cancelling things on his schedule left, right and center. He is in one of those moods where his staff is probably, at this moment, having a little bit of trouble getting him to do some of the things that he needs to do. For example, spending Veterans Day holed up at the White House, absolutely no public events; when he was in Paris, not going to that cemetery event. There are a number of things that President Trump is not doing right now. And that's because the political environment doesn't require him to really be trying to control the narrative like it did a week ago.</s>BLITZER: Until the last few days, he was doing the daily White House press briefings, and Sarah Sanders wasn't doing that. And Jeffrey, among other things he's doing, apparently, the last couple days is going through the written answers to questions submitted by the special counsel, Robert Mueller. And this is taking place as there's now a new bipartisan effort, a dramatic one, to try to protect Mueller up on Capitol Hill, including Jeff Flake, the outgoing Republican senator, and Chris Coons, who's going to be a -- who's the Democratic senator. He's not going anywhere.</s>TOOBIN: Yes. Jeff Flake, you know, is there anything more empty in American politics than a threat from Jeff Flake, who has made his entire career by folding every time Mitch McConnell breathes hard? I mean, Mitch McConnell is going to squash Jeff Flake like a bug, as he always does. And the idea that Jeff Flake is going to hold up anything to protect Robert Mueller is, in my opinion, absurd. Mitch McConnell has said, "We don't need a law to protect Robert Mueller," and that means there's not going to be a law to protect Robert Mueller. I mean, Mitch McConnell is in charge. Jeff Flake is wandering off into the -- into the darkness these last few days as a senator. I mean, this is not a fair fight. Mitch McConnell and a 98- pound weakling named Jeff Flake is just not -- you know, that is not going to happen. And that means that the administration is going to have a free hand to do with Mueller what they will. And we'll see what happens.</s>BASH: Jeff Flake would probably argue he's wandering into the light, not the darkness, as he leaves the U.S. Senate. But, you know, Mitch McConnell has been very resistant to do this. But if things change as we get closer to Mueller issuing -- issuing his get closer to Mueller issuing his report or people like Lindsey Graham and Democrats, frankly -- much more importantly -- get word that it is problematic, McConnell could be forced to change his mine. Jeff Flake or not. And that's just the reality, the political reality for the Republicans who I know we just had an election. But the Republicans -- the landscape for Republicans in the next election, in 2020 -- never mind the presidency, in the Senate, is much less positive for the GOP. And they have to start looking at --</s>BLITZER: We're going to have --</s>TOOBIN: But remember -- but remember, the Republican caucus is now more pro-Trump than it used to be.</s>BORGER: True. Yes.</s>TOOBIN: Jeff Flake is leaving. Bob Corker is leaving. You know, John McCain, of course, is gone. The people who remain are the real hard-core Trump loyalists. So the idea, I think -- I mean, we'll see -- that Mitch McConnell is going to feel any sort of pressure to protect Robert Mueller from his fellow Republicans, who are the majority, seems remote.</s>BORGER: Mitt Romney is in the Senate. Remember that.</s>BLITZER: We'll see what Mitt Romney, the incoming senator from Utah, what he has to say.</s>BORGER: Yes.</s>BLITZER: Everybody stand by. Much more on all the breaking news right after this.