Few minutes ago after backing out of the sitdown with the paper, he backed back in. Lets start with the never mind on the lock her up. Trump Senior Adviser and Campaign ManagerKellyanne Conway seemed to confirm the Incoming Trump administration will not seek further investigation into Hillary Clintons private email server or the Clinton Foundation. I think when the president elect whos also the head your party now, joe, tells you before hes inaugurated he doesnt wish to pursue these charges, it sends a strong message. I think Hillary Clinton still has to face the fact a majority of americans dont find her to be honest or trustworthy. If donald trump can help her heal, perhaps thats a good thing. I do look, i think hes thinking of many different things. And things that sound like the campaign arent among them. Bringing in cnns Jessica Schneider live in front of trump tower. What are you learning . It was Donald Trumps repeated rallying cry throughout this campaign. He continually called his opponent crooked hillary, and he relished those cries at his rallies of lock her up. It was late august when donald trump first talked about appointing a special prosecutor. And then, youll remember, it was at that second president ial debate on october 9th when donald trump issued that threat directly to Hillary Clinton. Here it is. If i win, i am going to instruct my attorney general to get a special prosecutor to look into your situation. Special prosecutor, here we come, right . If i win, were going to appoint a special prosecutor. She deleted the emails. She has to go to jail. Hillarys running for a lot reasons. One of them is because she wants to stay out of jail. Its just awfully good that someone with the temperament of donald trump is not in charge of the law in our country. Because youd be in jail. And despite all of that, trump adviser Kellyanne Conway stating unequivocally this morning there will be no further investigation into Hillary Clintons use of a private email server as secretary of state, nor any investigation into the Clinton Foundation itself. But Kellyanne Conway taking a bit a dig still at Hillary Clinton. Saying the majority of americans do not find her honest or trustworthy. Even going a step further to say that donald trump can, quote, help her heal by not actually going through with any investigation. And in addition, Rudy Giuliani earlier this morning was inside trump tower where he talked about this decision to not move forward with the investigation. Actually saying he agreed with donald trump, whichever way he decide to go, and he believed this decision would help unite the nation. Rudy giuliani saying that maybe americans who didnt vote for donald trump would now give him a second look, john. All right, Jessica Schneider for us outside trump tower. Want to talk more about this with our panel. He was mitt romneys Public Policy director for two campaigns. Also, cnn political commentator, errol lewis. And cnn legal analyst Jeffrey Toobin. We have these words that say Trump White House wont pursue clinton prosecution. Well, in fact, white houses dont pursue prosecutions. So in and of itself, the entire structure here is flawed. Trump as president would never have the power to charge anyone with any crime. However i think this story is far from over. I think Donald TrumpsJustice Department may well continue this investigation. You have a group of fbi agents who are dedicated, fanatically opposed to Hillary Clinton, who want to see her prosecuted for the Clinton Foundation in particular. Even though there has never been an allegation made i mean a serious allegation made that she committed a crime. I think the door remains wide open for the Justice Department to say we found new information, in good conscience, we cant avoid looking into this. I think that statement from Kellyanne Conway was sufficiently ambiguous to let a very conservative Justice Department, a very dedicated fbi to continue their investigation. It isnt a white house decision. President s dont charge, president s dont investigate, president s dont prosecute. They are no, youre right, although they do have a lot of influence over what the Justice Department does and doesnt do. All right, Jeffrey Toobin is taking the view this doesnt matter, that actually the Trump Administration writ large may still investigate Hillary Clinton. A lot of people, errol, are taking the other view of this now. Whats basically happening is the trump team is admitting that rhetoric used during the campaign wont be the reality and theyre going back to this position. You know, a lot things are said in the campaign. I think their position pretty consistently on a number of topics is were going to be ambiguous. Well talk about both sides of a particular proposition and leave ourselves the leeway to do whatever we want whenever we feel like it. I mean, thats what i take from it. Because this is not you played the clips. He promised, you know, earnestly and repeatedly to take a specific course of action to appoint a special prosecutor to go after her. He said she belongs in jail and so forth. Me either has to disavow those, which we know he wont do, or sort of leave things up in the air. He might when he sits down with the New York Times later today. Thats a whole different story. His Campaign Manager seemed to suggest that he is backing off. Isnt that sort of what the country wants the healing process to not go forward with Something Like this . Something a little more coherent and transparent such as, you know, following my briefings during this transition period. I agree with the fbi director. I dont think anythings going to happen. Something that straight forward i think is unlikely to come out of this particular transition. All right, lonnie, i want to bring you in. There is one group that doesnt seem to be satisfied with this trans tra stance so far. Thats the ardent supporters of trump. Particularly breitbart news. Steve bannon is now going to be in the white house. Just putting this headline out. Broken promise. Trump doesnt wish to pursue clinton email charges. But lonnie, do you think any Trump Supporters would hold him to this or, you know, end up being displeased or turn their backs on him if he did not, you know, push his fbi and Justice Department to prosecute this . Its very interesting, john, you know, theres been some great reporting here at cnn. Talking to voters who supported donald trump during the election, asking them about some of his key Campaign Promises like the promise to build a wall and have mexico pay for it, et cetera. I think a lot of his voters actually take him more figuratively than literally in a lot of ways. I think theyre willing to give him the benefit the doubt. I think many republicans at this point are. I think there are some republicans who are probably glad to hear that the focus of the first 100 days the Trump Administration is not going to be an Ongoing Investigation into Hillary Clinton but instead efforts to roll back regulations, to explore energy and potentially to deal with obamacare. So i actually think this might be a welcome announcement to some republicans even those who enjoyed some of that rhetoric during the campaign. All right, guys, stand by. But we have more breaking news this morning. Sort of from the irony department. The Trump Foundation admits it broke the law apparently. Thats right. On the same morning donald trump says his administration will not pursue charges against Clinton Family charity, were learning that his own charity is admitting it used donation dollars to benefit either the trump family or its businesses. The Washington Post has been the leading reporter on this story for months. He joins us now by phone. David, explain what exactly we learned this morning, what has the Trump Foundation admitted to . Sure. One of the basic laws of run a charity is you cant take money out of your charity and use it to buy something for the president of the charity or buy something for the president of the charitys business. With the Trump Foundation admitting now is that in the past, in 2015 and before that, it violated those rules. It took money out of the charity and spent it to benefit someone who ran the charity, presumably donald trump. Now, we dont know exactly what theyre admitting to this morning in terms of what dollars they use to buy what stuff for either the business or the family. But you have reported in the past some examples where this might apply. Thats right. Weve uncovered a number of examples in the past where trump used money out of the charity to buy things for himself. He bought two giant portraits of himself for a total of 30,000 and he spent 258,000 out of the charity to settle lawsuits that involved his for profit businesses. Basically to get his businesses out of their obligations rising from legal trouble. Any of those could be it or it could be something i havent found yet. David, and again, the campaign is behind this now, but when you were covering this during the campaign, did the Trump Foundation or the Trump Campaign ever admit to the wrongdoing that now this morning after the campaign is other they apparently are admitting to . No, in fact, they repeatedly said they didnt answer a lot of my questions. When the stories came out, they said the stories were full of falsehoods. The closest they got to acknowledging any of this was in one particular case the Trump Foundation bought a painting, a 10,000 painting, of trump himself, that was later found hanging on the wall of trumps sports bar at a golf resort he owns outside miami. And their response was, well, actually trumps business is doing the charity a favor by storing the painting on its wall. That doesnt hold up to scrutiny but thats the closest theyve got be to explaining any of this. Yes, strange definition of storage wars there. Youre reporting for the past several months, pushing this story forward. We appreciate you being here. Aruna fruhar, i want to start with you. This is about the Trump Foundation, not exactly the trump business empire. Everyone is looking for where these lines will be. Between the trump Family Business and the Trump Administration. And its getting harder and harder to discern where these lines are. Absolutely. I mean, its really unprecedented situation. You know, youve had president s in the past that have had business interests and put them in blind trusts but youve never had a situation in which a president is running a business, as donald trump has, with his children. Those children are now in meet i meetings without security clearances. A complete blurring. Unless its worked out quickly, its going to dog his presidency. I mean, its, its got to be said that the kids are either running the business or and or, you know, theyre doing policy but there has to be a bridge between those two things and a wall. So donald trump doesnt seem to think theres any problem right now. Overnight on twitter, one of a series of tweets he put out, a series of subjects, he wrote about his business interest it he said prior to the election it was well known i had business interests in properties all over the world. Only the Crooked Media makes this a big deal. So Jeffrey Toobin, you could envision a scenario where a Hillary Clinton was going into power and there were it was information or revelations about the Clinton Foundation that came out during the transition and then the Republicanled Congress would hold hearings. Or launch an investigation. Into said foundation. Is there any chance of that happening now . Certainly not at the moment. I mean, the house and senate are in republican hands. These conflicts are obvious and theyre ripe for exploration but the only people who are going to do it at the moment are the news media. Because of the government is under unified control. And just the idea that donald trump will have to address this i think is wrong. I mean, he has, over and over again, proven us wrong about what he has to do. Well, he cant say that about a gold star family. I mean, he cant say, you know, call a Mexican American judge unfit to sit on his case. He is operating by his own rules. He has won the presidency. And i see no sign that hes going to change. Lonnie, your Republican Party chairs in the house and the senate, is there not a whiff of hypocrisy here, that there is not a push from them, the same push you know would be there if the shoe was on the other foot. I think, john, the issue now is the republicans in the house and the senate want to focus on a policy agenda for the first 100 day, the Trump Administration. I think thats really what theyre trying to do. I think the concern would be obviously turning the attention away from that. Diverts from what are some legitimate and important policy goals. Thats probably what the explanation from the Trump Campaign or trump transition would be at this point as well. Is that their focus wants to be on what are the things you want to see him get done initially . Thats why they put out the video with the president elects campaign priorities, et cetera. It would be interesting to see what happened if the tables were turned, no question about it. Erol, one of the things the Trump Team Tells us, this isnt moving the business of the nation forward. This stuff matters. Theres reasons why the constitution writes about the emollients clause, did i say it right . You cant get gives from Foreign Governments. You cant be given money from a Foreign Government or foreign entity if youre president. You know, theres a reason why the framers of the constitution, the American People over the last 225 years havent wanted their president s or leaders to be able to enrich themselves while they are in office. Well, thats right, and its intended both to protect the public but also to protect the office holder, frankly, from conflicts of interests. You know, when the bank of china, if you owe hundreds of millions of dollars to the bank china and its time to sit down and make some decisions, you want to be able to do that with sort a clear head and clear intent. Donald trump seems once in a while to make noises as if he understands this. But based on the tweet last night, based on everything weve seen, i got to agree with jeffrey that, you know, he doesnt think that theres any real important distinction to be made between what enriches him and his family and whats good for the world and for the country. And by the way, we dont know the full extent of his Financial Arrangements because he never released his tax return which was another area we said, oh, well, hes got to release his tax returns. All president ial candidates release their tax returns. He defied that convention. Hes defied the conventions about separating his private business from his public work. But his candidacy has been an exercise in defying convention. Were look at the stock market now, the dow up 29 points. Not quite over 19,000 at the moment. It did cross that 19,000 barrier, i think the s p was up over 2,000. The markets at least right now seem to love the Incoming Trump administration. If he does create the jobs, jobs, jobs that says he wants to, does any of this stuff matter . Well, i think the other stuff definitely matters. The markets response is interesting it the markets responding to the fact that hes proposing some fiscal stimulus in the form of an infrastructure plan. That will probably create some kind of growth. We dont know how much growth. And its coming after a period of time where you havent seen any fiscal stimulus. Basically central bankers have been running the economy. Theyre kind of tapped out. A lot of people, both republicans and democrats, have been hoping for fiscal stimulus and hes now going to get the credit for this. How the stimulus plan is structured and what it does. Are we going to get the bridges and roads that we know we need fixed. Are or we going to get pet projects