now, the justice department says it will appeal that decision. second, the u.s. supreme court temporarily blocking the immediate release of mr. trump's taxes and financial records. resolving these two cases could take weeks if not months, but house democrats indicate they are moving forward with impeachment. they do not plan to wait for the courts. and breaking right now, i mean, right now. a brand new cnn poll on what america thinks about the impeachment inquiry and it undermines an argument the president and his allies are making. they have been claiming impeachment is losing support. they are wrong. 50% of those support impeaching and removing the president from office, 43% oppose. that's exactly where it was last month, so no drop at all, no gain either. we'll get into the numbers in just a moment. meanwhile, federal investigators appear to be zeroing in on rudy giuliani's consulting business as a part of a criminal investigation into two of his associates. the president's personal lawyer has not been accused of any wrongdoing, but there are a number of troubling signs for him. let's begin with cnn's suzanne malveaux live on capitol hill. >> reporter: good morning, john, a federal judge ruling on a key issue in the middle of the impeachment inquiry, and house democrats are now seizing on this. they hope this compels key witnesses to testify later on and the chair of the house intelligence committee adam schiff yesterday sending a letter to house lawmakers saying he's not ruling the out the potential for additional witnesses and depositions. a federal judge ruling don mcgahn must testify before congress, delivering a blow to president trump's efforts to stone wall the impeachment inquiry. the decision striking down the trump administration's previous claims that officials are immune are from complying with house subpoenas. in a scathing 118 page decision, the u.s. district judge writing stated simply, presidents are not kings, adding absolute immunity from compelled congressional process simply does not exist. >> we've been defied in our attempts to have proper oversight because of this administration stonewalling. it's good the judge agreed with us. it's law. it's oversight. >> the white house says the justice department will appeal the decision adding they are confident the important constitutional principle advanced by the administration will be vindicated. back in may, the white house blocked mcgahn from complying with a house judiciary subpoena after the mueller report revealed he witnessed several incidents of trump attempting to interfere with the russia investigation. now mcgahn's lawyer says he'll comply unless a stay is issued. the ruling could factor in house democrats' push to have other trump officials like acting chief of staff mick mulvaney and former national security adviser john bolton testify. >> i think it's a message to all the witnesses who will obstruct it in the white house for telling them not to appear, it's time to show up. >> reporter: while mcgahn could be compelled to appear, the judge's ruling making clear he may still be able to refuse to answer questions, citing executive privilege. still, house democrats are working furiously to expedite the impeachment process. intelligence chairman adam schiff writing in a statement, the testimony and documents we have succeeded in requiring reveal a fact pattern that is overwhelming, unchallenged, and damning. >> the intelligence committee has done the fact finding. we can't be held up for months at a time through frivolous appeals of very well-reasoned decisions. we've got to move forward. >> reporter: in a victory for trump, the supreme court yesterday ruling a temporary block from trump releasing his financial records to house investigators. the justices are giving him until next thursday to appeal. >> all right, suzanne, we're watching this closely to see how democrats react to all of this. what will last night's court ruling mean for the other top officials who have so far refused to talk to impeachment investigators? that's next. ♪ (grandson) wow... 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let's bring in cnn political analyst rachael bade, and cnn legal analyst elie honig. i'll read a little more about what the judge kattan ya brown jackson said yesterday about this. she said with respect to senior level presidential aides absolute immunity simply does not exist. indeed, absolute testimonial immunity for senior level white house aides appears to be a fiction that has been fa sids youly maintained over time. she couldn't put a final front on it, elie, but they are appealing it. the white house is appealing it, so what does that mean? are they going to have to testify or not? >> so i think this decision will stand up on appeal. that snippet that you just read, that's what we call a legal smackdown? she's being very clear here. she's speaking to the other witnesses. she's saying this applies to mcgahn but also future judges. here's the difference between law school and real life. law school you say there's no meaningful distinction between does don mcgahn have to testify and does bolton and pompeo have to testify. real life is still fight those cases mulvaney, bolton if they come to the courts because they'll stall out. they'll argue there's some difference between the two and hope to run out the clock. >> absolute imkrunty munity is thing. fetch isn't going to happen here. and she went even further than that. she said it's not just the case of don mcgahn. it's domestic policy advisers. it's foreign policy advisers. she doesn't say it explicitly but clearly she's talking about john bolton. now the question for democrats is this. they've had one positive legal ruling here, indicative of where this would head if they were to wait. but is there any sign that they're willing to wait? >> yeah, not at all i would say, john. i would say this court ruling is really -- it's sort of a -- it's a victory for democrats but without that prize. i mean, we're not going to see -- we're unlikely to see mcgahn testifying on capitol hill in the next few weeks because of these appeals processes. yes, the judge was clearly signaling to other witnesses she believed they had to testify. but i mean, again, the reality is their lawyers are already arguing there's a distinction between various cases. obviously everybody's watching john bolton right now because he has sort of been -- he has told associates he was really uncomfortable and unhappy with what he saw happening in ukraine and has made it clear that he has firsthand information that is relevant to this investigation that lawmakers are doing on the impeachment inquiry regarding ukraine and conversations with the president, and this could potentially give him cover if he wants to come forward now instead of saving these stories for this book that he's writing. but again, we're just very skeptical they're going to do it, and democrats have shown no signal, no sign that they are willing to wait for the court to rule on anybody to slow their impeachment inquiry. >> here's what don mcgahn's attorney said yesterday, don mcgahn will comply with judge jackson's decision unless it is stayed pending appeal. the doj is handling this case. you need to ask them whether they intend to seek a stay. they are doing that. so elie this is a hollow victory for democrats so that means it's a victory for the white house. >> here's the thing, though, they should still fight this fight. it's important that don mcgahn be compelled to testify, as a matter of balance of powers and b, i think there's a compromise position democrats can reach. i agree with rachel, they will not wait. they should not get slow played. what they can do is proceed on the fast track with the ukraine impeachment. if they want to consider an article of impeachment based on mcgahn's testimony, you don't need the live testimony. there's no rule saying that. in the clinton impeachment, they impeached based on the star report. they didn't call in live witnesses. if you win and get him to testify and it's way down the line. >> i may take issue with your reasoning. jeffrey toobin pointed out it's no guarantee a stay is issued here. a stay you need a reasonable likelihood the decision will be overturned. that may not exist here in regard to just showing up to testify. just showing up to testify is what the judge ruled. >> i like that. >> and i would say- >> i was going to give you the win, but go on. >> how can it be a win for the white house if a judge in a 120 page ruling outlines in meticulous detail how the legal reasoning you are using is wrong? >> because if don mcgahn never testifies, it's a win. >> don mcgahn wasn't testifying already. >> this might give impeachment investigators the chance to create a new article of impeachment on the idea of obstruction of congress. you did not come testify when a judge said you had to. so how likely is it they'll include those as articles of impeachment. >> obstruction of congress was already going to be something that democrats were looking at. they were looking at potentially witness intimidation, refusal to comply with subpoenas. yes, this is just going to add to that growing body of evidence. i think court cases like this and sort of all these different pieces we're seeing turn up right now that democrats are sort of hesitating, do we pursue them? do we keep going? they really are sort of making democrats question -- or not question, but maybe they should be questioning is this, you know, fast track the wisest course for them right now? i mean, why do they need to be done by the end of the year? obviously they have political considerations and 2020 is right around the corner. they don't want to step on democrats running for the nomination, but, look, there's investigative work to do, and potentially waiting on the courts could make their case stronger. >> i think that's really interesting because obviously conventional wisdom has been thrown out a couple of years ago, but democrats are still applying conventional wisdom that there's a certain calendar they need to adhere to, and well, we just don't know the answer to that. rachel, elie, thank you very much. a new subpoena shedding light on the potential legal jeopardy rudy giuliani is facing. we will explain why prosecutors appear to be zeroing in on his businesses and the money he's been making in ukraine. tremfya® helps adults with moderate to severe plaque psoriasis uncover clearer skin that can last. in fact, tremfya® was proven superior to humira® in providing significantly clearer skin. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. serious allergic reactions may occur. tremfya®. uncover clearer skin that can last. janssen can help you explore cost support options. it's the kay black friday event. save up to 60% on black friday specials like this three-piece diamond set, under one-hundred dollars or this diamond ring, under two-thousand dollars every best gift ever... begins with kay. 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>> that subpoena is an interesting tell for me. when you do a subpoena in the southern district of new york, there's a line. what are you investigating? we would just list conspiracy to tell the world and the target nothing, as little as we could. the fact that they listed out all those statutes that you just read to me is a warning shot, and it's something that would concern me a lot if i was representing rudy giuliani, and those crimes are largely the same crime that parnas is charged with. >> i don't know if you need to be a legal scholar like elie to connect some of these dots. rudy giuliani was making a ton of money from fraud guarantee, lev parnas's company as was trump's legal advisers, jody genova. of course prosecutors were looking into this. lev parnas is accused of funneling money, ukrainian money into u.s. politics. i mean, follow the money. >> exactly. i was going to say rule number one of journalism, follow the money, at least as investigative journalism. this just shows that there's a whole other side of the ukraine story that impeachment investigators in congress haven't even touched. prosecutors are clearly casting a very wide net here. they see potential financial crimes, multiple financial crimes here, campaign interference, and you know, this is -- these are questions that democrats haven't even asked on capitol hill. so again, we just talked about how fast democrats are moving. i have talked to democratic lawmakers who do want to look at this side of the ukraine controversy, but if they are trying to get impeachment done by the end of the year, this is another area of, you know, where they haven't overturned stones and haven't investigated. >> they didn't really dig into rudy giuliani more than they did. >> i think this is what is confusing about the democrats' strategy, is that when so much focus from the republicans has been on hunter biden and the money that hunter biden made in ukraine, why don't democrat just flip the witswitch and say what about rudy giuliani? what about some of president trump's other advisers? >> half a million dollars, that's how much giuliani was making through all of this we've seen in reports. it's a great question. i know that i've heard from democrats throughout this whole impeachment investigation that they want to keep the focus on the president. there's a big fear of getting bogged down in details that, you know, will not implicate trump, even if they're problematic for giuliani, so why go down a rabbit hole. that's sort of the other argument. again, this is the president's personal lawyer. trump was listening to giuliani on ukraine policy, so it all is intermixed, and again, it's a piece of story we just don't know about. >> from a legal standpoint, the giuliani legal team, which is growing, put out a statement saying i have not seen any season that looks for communications or documents from mayor giuliani or giuliani partners. what's interesting about that like it's good news for them. it's actually bad news. >> i think they're misreading the tea leaves. the basic rule is if you have someone who is a target, meaning someone you believe is reasonably likely to charge, you don't approach them. you don't subpoena them. you don't try to compel their testimony. the fact that they haven't directly gone to rudy giuliani to me is not a good sign for rudy giuliani. >> okay. thank you very much for that. well. ♪ the snow is falling in denver as a winter storm moves across the u.s. chad myers has the forecast and how it will ruin your holiday travel plans. find dazzling deals on diamonds and more. the zales black friday sale. u.s. chad myers has the forecast and how it will ruin your holiday travel plans. chad myers has the how it will ruin your holiday travel plans. exclusively at zales, the diamond store. hbut mike bloomberg became thele clasguy whoho mdid good. after building a business that created thousands of jobs he took charge of a city still reeling from 9/11 a three-term mayor who helped bring it back from the ashes bringing jobs and thousands of affordable housing units with it. after witnessing the terrible toll of gun violence... he helped create a movement to protect families across america. and stood up to the coal lobby and this administration to protect this planet from climate change. and now, he's taking on... him. to rebuild a country and restore faith in the dream that defines us. where the wealthy will pay more in taxes and the middle class get their fair share. everyone without health insurance can get it and everyone who likes theirs keep it. and where jobs won't just help you get by, but get ahead. and on all those things mike blomberg intends to make good. jobs creator. leader. problem solver. mike bloomberg for president. i'm mike bloomberg and i approve this message. ( ♪ ) only tylenol® rapid release gels have laser drilled holes. they release medicine fast, for fast pain relief. tylenol®. for fast pain relief. there's a company that's talked than me: jd power.people 448,134 to be exact. they answered 410 questions in 8 categories about vehicle quality. and when they were done, chevy earned more j.d. power quality awards across cars, trucks and suvs than any other brand over the last four years. so on behalf of chevrolet, i want to say "thank you, real people." you're welcome. we're gonna need a bigger room. a lot will happen in your life. wrinkles just won't. neutrogena® rapid wrinkle repair's derm-proven retinol works so fast, it takes only one week to reveal younger looking skin. making wrinkles look so last week. rapid wrinkle repair® pair with retinol oil for 2x the wrinkle fighting power. neutrogena® two winter storms will wreak havoc for millions of holiday travelers this thanksgiving week. denver is getting walloped this morning by what could be the biggest snowstorm there in years, as much as 16 inches of snow is predicted. cnn meteorologist chad myers has our forecast. what are you seeing, chad? >> you know, i think the people of boulder are tired of snow. they moved out there to see the snow, but they've already had 32 inches before this storm, another 10 to 12 on top of that, snowing heavily right now in denver, low visibilities. it's only 4:30, it could be very slow today. winter storms from the great lakes into the desert southwest. we will even have some blizzard conditions across parts of nebraska, kansas, and colorado. now that's not the bulk of the travel areas, but if you're traveling across i-76 or 80, it is going to be a mess. move you ahead until tomorrow. we start to see that snow move into the northern great lakes. most of this storm, though, is rain. this is a warm enough storm to make rain through wednesday and thursday and even into friday, so the rain could slow you down, especially at the airports, but it really won't be much in the way of snow for this storm on the eastern half of the u.s. there could be some tornados today, also something else going on, very heavy rainfall across the southeast. that could certainly slow down the atlanta, heartsville jackson area. the forecast is for 34 to 35 miles per hour gusts, and that is right on the threshold. this is going to be a game time decision for thursday morning. the winds are going to be strong thursday in downtown new york. >> they'll still have the, you know, the bands and stuff. >> the parade. that would be a bummer without the balloons. >> thank you very much. we have some breaking news just out this morning, a new cnn national poll shows support for impeachment holding steady with 50% of americans saying that president trump should be impeached and removed from office. interestingly, that number has not changed since last month before the impeachment hearings, but it does prove the president wrong when he claims that impeachment -- support for impeachment is decreasing. so here to break down the numbers, kcnn's senior politics writer, harry enten. >> i love snoopy. that's my favorite float. let's take a deeper dive into this new poll. i think the story is as you were hinting, the story is basically the same folks, trump's job approval at 42%. 42, 31, 39, 30, 43%, all of those are within the margin of error, a very, very steady story, and that's basically what we're seeing on impeachment as well. overall, do you want to impeach, remove trump from the presidency? 50% said yes. last month 47% said yes in september, but of course i think what's very important is looking at those republicans. is there going to be pressure of those republican senators to vote to remove trump if the house does, in fact, impeach him, and look here, a same similar story, which is just 10% of republicans want to impeach and remove trump from office now. that's up four points from october, but that's actually down from september. again, all within the margin of error. >> i just want to make one thing clear. the president has been running around, you know, is throwing out these numbers that aren't true, saying support for impeachment is dropping. it's not. it's not rising, but it's not dropping, and to have 50% of americans saying they want you impeached and removed from office is not insignificant. >> it's not insignificant. you're exactly right. these numbers are indicative of a public that at this point is staying pretty much at the same place it has been. the president making up a number on twitter. i know we're all shocked about that. >> i do think it's interesting that the hearings haven't moved the needle. that's obviously what democrats were hoping for. explain how this was phrased. i know that makes a difference. >> this does make a difference. in this poll we asked it two separate ways. we said should trump be meech impeached and removed from office, that's that 50%. we also asked this question. phrasing of words really makes a difference here. enough evidence for the house to vote to impeach trump and respondents were reminded that the house must vote on impeachment before the senate trial and possible removal, and what do we see here? only 48% say there's enough evidence for the house to vote to impeach trump versus 47% who say no. that's a closer margin. >> why do you think that is? when you ask the voters about the evidence, they don't like what they're hearing. >> i think that's exactly right. among those who are against impeaching trump. i broke it down into cross hairs. among those who approve of trump's job overall, we see very similar numbers, right? not surprisingly 92% of those who approve of trump overall say there's not enough evidence for the house to impeach trump. should not be impeached to remove 93%. but in this overall disapprove of trump column, a slightly larger preseercent say there's enough evidence from the house to impeach trump at this point. it might be this situation, right, whereby there are people who really don't like trump but say maybe there's not enough evidence right now to do so, and they're reminded of that fact. >> and how's the ukraine controversy playing? >> right, regardless of whether or not you want to impeach trump or impeach, remove trump, there's a lot of folks who are saying trump's interactions with the ukrainian president, 53% say he improperly used his presidency. he wants to say i want to fight corruption, but, in fact, the majority, 56% say he did interact with him to benefit himself politically, so even if the impeachment number might be closer to even, the majority of voters clearly think trump acted improperly. >> who's watching and how much attention are they paying? >> i think this might give you an understanding of why the numbers aren't moving. that is are you paying very or somewhat close attention to the impeachment hearings? there are a lot of folks who are, this number, the independents is rather important. those are the people who might move the most, and they are paying the least attention, 73% of them that versus 82 for democrats and 80 for republicans. >> we have to leave it there. thank you very much for this hot aft presses poll. >> i know you have more numbers, you're just going to have to save it, save it, save it. one of the leading democratic contenders picked up an intriguing endorsement. find out who is endorsing me. next. here's the story of green mountain coffee roasters sumatra reserve. let's go to sumatra. the coffee here is amazing. because the volcanic soil is amazing. so we give farmers like win more plants. to grow more delicious coffee. which helps provide for win's family. all, for a smoother tasting cup of coffee. green mountain coffee roasters. plaque psoriasis uncoverth clearer skin that can last. in fact, tremfya® was proven superior to humira® in providing significantly clearer skin. tremfya® may increase your risk of infections and lower your ability to fight them. tell your doctor if you have an infection or symptoms or if you had a vaccine or plan to. serious allergic reactions may occur. tremfya®. uncover clearer skin that can last. janssen can help you explore cost support options. be brilliant. be powerful. be the diamond you are. find dazzling deals on diamonds and more. the zales black friday sale. get 30-50% off everything, including this stunning 7-carat diamond bracelet. exclusively at zales, the diamond store. breaking news, democratic presidential candidate pete buttigieg has just picked up a new congressional endorsement this morning, katherine rice tells cnn she is backing buttigieg. she says he's the only candidate focused on our long-term and short-term challenges. joining us is the former democratic mayor of new orleans. thanks so much for being with us. this is the third congressional endorsement that mayor buttigieg has picked up. he's leading in the polls in iowa. he's close in new hampshire. what do you see here? >> well, he's had an amazing campaign so far, you know, and he continues to outperform where people expected him to be, so that's good. >> he's at 0% in the polls in south carolina among african-american voters, and you have an interesting perspective on this i'm sure because as mayor of new orleans, a huge percentage of your electorate was african-american. how can it be that buttigieg is at zero in south carolina with african-american voters? he's been campaigning there. at this point it can't be just that they don't know him? >> well, i think that that's probably true. african-american voters think just like everybody else. they vote for people that they know. they vote for people that they like, and they vote for people they feel comfortable with. that's going to be a major challenge for mayor pete. i don't know that you can win the democratic primary without significant amounts of african-american votes. he's got a very long hill to climb. he's got a mountain when he gets to south carolina. >> i want to ask you a question about parochial interests. your senator created quite a stir over the last few days. at first he went on tv and denied the u.s. intelligence that russia attacked the u.s. election hacking the dnc server. let me play you the evolution. >> was it russia or ukraine? >> i don't know, nor do you. nor do any of us. >> the entire intelligence community says it was russia. >> right. but it could also be ukraine. i was wrong. the only evidence i have -- and i think it's overwhelming -- is that it was russia who tried to hack the dnc computer. >> you know, it's not something we hear very often. someone say i was wrong. how did he get it wrong, and what do you make of the admission? >> good for john. i've been knowing john a long time. john is a very smart guy. he misspoke. he must not have had his cafe awe lay when he spoke. i'm glad he redirected and corrected himself. all the intelligence agencies know it was russia. they are the significant threat to us, and they are the common thread that runs through all of these stories. >> and again, you say he didn't have his cafe au lay. other republicans have looked at the fact and say we don't believe him. >> i think it's absurd. all of our intelligence agencies have said what it is. they've gotten classified briefings. i don't know why they keep speaking. john knows the difference, and i'm glad that he corrected himself, and i'm thankful that he did. now what we need to do is to focus on making sure that russia never does that again and punish them for doing it. >> that's right. i mean, this is a matter of national security. you've got to admit the truth if you want to keep it from happening again. back to the presidential race. and i am loathe to give too much attention to the bloomberg campaign when michael bloomberg is really nowhere in the polls just yet, but his campaign manager said something interesting yesterday. listen to what kevin she key told our kate bolduan. >> mike is getting into the race because he thinks donald trump is an existential crisis. the general election is in six days, in wisconsin, michigan, pennsylvania, north carolina, florida and arizona. that's the whole general election, and right now donald trump is winning. he is winning that election. it's very tough for people who don't live in new york or california to understand that, but that is what's happening. >> donald trump is winning. what do you think of that message? >> well, a couple of things. full disclosure, i do some work for bloomberg fiphilanthropieph but i don't necessarily agree with kevin in analysis. i think that donald trump can win the race. i think we have 21 really good candidates. i think the public is really tired of president trump and the question for everybody that's running is who is best able to beat him? up to this point the common theory has been that's joe biden. the race was supposed to narrow by now. we're going in the opposite direction. the race is expaenexpanding, an don't think anybody who's got a crystal ball can tell what's going to happen. >> a month and a half ago you were famously quoted in a "new york times" article saying you were hearing anxiety about the field, the democratic field. do you still hear that anxiety or has it settled down? >> well, i think when you see the entrance of deval patrick and mike bloomberg late in the race, it is a manifestation of that anxiety. i think both of these guys looked at the field and said i think joe biden's going to fall. i think that's over exaggerated. i think the vice president has withstood. although he's not leading the way he was, he'll hes still ver competitive. in most past years, this thing would be narrowing at this point. right now the field seems to be expanding. i don't think whae know what it going to look like. mayor bloomberg has decided to forgo the first first four contests. we've never had that before. he seems to think it will and he's got the chips to see if that's true. >> chips as in big bank account. >> thanks so much for being with us. >> coming up on "new day," we're going to speak with two candidates running for president, new jersey senator cory booker and former massachusetts governor deval patrick. ousted navy secretary richard spencer speaking out in a new interview. we'll show you what he thinks about the president intervening in a war crimes case next. find dazzling deals on diamonds and more. the zales black friday sale. get 30-50% off everything, including this stunning 7-carat diamond bracelet. exclusively at zales, the diamond store. select chuckit launchers are november 22nd$4.99!tsmart!arat diamond bracelet. 25 ounce beggin strips are only $9.99! and don't forget - our black friday deals start online thursday at petsmart.com! petsmart! - [woman] with my shark, i deep clean messes like this, this, and even this. but i don't have to clean this, because the self-cleaning brush roll removes hair while i clean. - [announcer] shark, the vacuum that deep cleans now cleans itself. there is something happening in football this season. >> oh, i can tell you that. >> it is called the baltimore ravens. lamar jackson, he put on a show last night on monday night football. >> did he. >> carolyn ma know has more in the bleacher report. alisyn has been telling me all morning, this is extraordinary. >> alisyn you are exactly right because you know that lamar jackson is an outstanding player. he says he's more focused on a super bowl title than an mvp title. after his performance on monday night it was incredible. his arm was on full display. he destroyed the rams, five passing touchdowns in the 45 to 65 route. at only 22 years old, he is the first player with 3,000 passing yards, 1,500 rushing yards over his first two seasons. baltimore has won seven straight moving to within one game of john's new england patriots for the top seed in the afc. by the way, a nice moment during the new york rangers hockey fights cancer night. rangers fan bradley and his brother ethan dropped the ceremonial first puck and ranged bell to celebrate bradley being cancer free. he fought leukemia for seven years before having his cancer sel cells removed. this is is a great initiative they do since its inception in 1998, $25 million for all kinds of families fighting different types of cancer. >> that is wonderful. >> that is wonderful. >> thank you very much. >> anytime. ousted navy secretary richard spencer hits back at president trump in a brand new interview saying the president's intervention in eddie gallagher's war crimes case sent the wrong message to the troops. >> what message does that send to the troops? >> well, what message does it send? >> that you can get away with things. we have to have good order and discipline. it's the backbone of what we do. i don't think he really understands the full definition of a war fighter. a war fighter is a profession of arms and a profession of arms has standards. >> joining us now is guy snod grass. good morning, guy. >> good morning, alisyn, how are you? >> i'm well. do you agree with richard -- oh, and the author of the new book "holding the line, inside trump's pentagon with secretary mattis." we'll get to the book in a moment. >> sure. well, to your first point, i do agree with secretary spencer's larger point. when you think about what's happening, there's an internal audience, an external audience. the internal audience are the men and women who serve in the u.s. military. it's about good order and discipline. it's about making sure everyone understands in a profession that we police ourselves. so you don't want to set up a situation where if you can catch the president's ear then maybe you get a pass, and if you can't, then you have to go through the formal judicial system or the military judicial system. on the other hand there's the education ternl audience and that's our allies and partners around the world. they want to be reassured that america's military is professional and they can count on us when that time comes. >> do you think it sends the wrong message to potential bad actors that they can get away with something sm. >> i think that's a far more nuanced view. how do you apply a selective system like this where if you can get on fox news, if you can catch the president's eye or ear, maybe you do get that pass. if you can't, your case goes unnoticed. it sets up a two track system. it's incredibly dangerous for those who wear the uniform to rely on. you don't want that. you want a same system for everyone as a professional organization where you understand that if something comes up, then you need to work through the system just like the men and women who sit and stand to the left and right of you. >> we have a little bit of breaking news that is just into our newsroom. this comes from congresswoman jackie speiers. she's the chair of the house subcommittee on military personnel, and she says we've had our disagreements, but i am still distressed to see secretary spencer dismissed in the wake of the president's efforts to subvert the military justice system. i will be calling on the department of defense inspector general to investigate and determine the circumstances of his termination. do you think that that's the right tact? >> look, the thing that concerned me the most whith wha you saw play out over the weekend, you had secretary of defense esper release an official statement, you had secretary spencer what looked to be a resignation letter even though he was fired. you have comments coming in from the navy s.e.a.l. eddie gallagher. none of those really line up. that's that kind of confusing chaotic moment we have right now for members of the military. who's telling the truth? what's really going on behind the scenes? we're not sure. anytime you can get to the facts, anytime you can begin to say, again, get back to the -- it's a professional organization. you have standards and you have to adhere to those. >> okay. so it sounds like an investigation is needed, but let's move on to one of the most riveting parlor games gripping washington right now, and that is who is the author behind the anonymous op-ed that was written back in 2018 and the new book called "a warning." there's been lots of speculation that it is you. what is your answer? are you the writer? >> no, i'm not the writer. i got asked that, evidently that news popped before i went on to a different television. they asked me the question, i kind of batted it away. to put it to rest, no i'm not the author of "a warning" u. i'm not the anonymous op-ed writer. for me i did write "holding the line." i put my name to it. i think it's important. readers need the opportunity to assess who wrote the material, who wrote the book. ? what is their bias? where do they come from? are they an expert? >> there's an element of accountability that goes to putting your name to something. >> who do you think the writer is of "a warning"? >> like you said, this is the latest d.c. parlor game. every time i talk to a friend at the white house, they give me two or three different names they think it might be. i think it's pretty much up in the air still. >> the only reason i ask is because you're more in the know than other people and because it has been pointed out that your writing style is similar to the anonymous writing style. do you have any insight into who you think it is? >> no, i certainly don't, and in fact, i have not read the anonymous book. i've had friends who read my book and that book and they said when you actually do consider both books, you can tell they're pretty different. i'm not sure why the author of yesterday's article thought it was me, but like i said, not me. >> tell us what we need to know about "holding the line," about your book? >> to that point there are similarities that run through. i think that what i really discuss is what you and i just discussed, alisyn, and that's the incredible importance of a political or -- excuse me, a politicized military, the damage that can do. you want to step away from that, and you also want to make sure that people understand what's really going on behind closed doors, to provide the facts from an apolitical standpoint. you can judge for yourself, don't let anyone tell you what to believe, read for yourself and figure it out. and also to see how america on the world stage, when you think about our allies and partners. last time i was on the show, they look to america. they don't have the same culture we do. when they see this uncertainty, it's very difficult for them to one, trust america, and for them to determine whether or not america will be there to help in the years to come. >> thank you very much. we appreciate your direct answer to the questions. >> you bet. >> i can't help but notice that when you wrote a book, amanda wakes up now available in paperback, you did put your name to it, alisyn camerota. >> are you suggesting i might be anonymous the writer of "a warning". >> you put your name on. >> or have i? >> or have you? >> okay? that's all i'm saying. >> i'm just saying now available in paper back. a hero dog gets his fame. >> trump hosted the hero dog that was wounded during the al baghdadi raid. his name is conan. check it out. it was interesting when trump said, sit, stay, and roll over, every republican in congress started doing it. >> according to reports, republican congressman devin nunes went to europe last year and met with ukrainian sources to dig up dirt on former vice president joe biden. wait, so you were overseeing the impeachment inquiry, and you were part of the thing he's been impeached for? this is like if the judge at the o.j. trial had been the glove. >> according to parnas's lawyer, nunes's vienna trip happened late november, early december 2018. now, in a totally unrelated story, in 2018 nunes claimed expenses for a four-day trip to europe between november 30th and december 3rd abracadumdum. how stupid do you have to be to file expense reports on a crime. all right, give me all the money on the vault and could you validate my parking? >> it's a good one. >> expense reports will be the end of all of us. sooner or later the expense report is going to get you. >> follow the money. we're following several major developments in the impeachment investigation. noo "new day" continues right now. a federal judge is ruling former white house counsel don mcgahn must testify under congressional subpoena. >> it's a huge win for the democrats who have been arguing that the president's aides do not have absolute immunity. >> mcgahn has no right to answer questions if the president invokes the privilege. >> this idea of absolute immunity is a fiction. it is baseless. >> the supreme court said the house would not get president trump's financial documents, at least for now. >> their subpoenas matter, but not necessarily in this context and for this particular witch hunt. >> you cannot as congress oversee the executive branch. we don't have co-equal parts of government anymore. this is "new day" with alisyn camerota and john berman. >> welcome to our viewers in the united states and all around the world. this is "new day." call it constitution 101. in a major legal ruling that could have a huge impact on the impeachment investigation, a federal judge is warning the trump administration in no uncertain terms that the president and his senior staff are not above the law writing, quote, the primary takeaway from the past 250 years of recorded american history is that presidents are not kings. this is just one line from 120-page decision that orders former white house counsel don mcgahn to obey a congressional subpoena and answer questions before congress. now the justice department does plan to appeal the ruling. this could have broader implications for other witnesses who have taken the same white house position of absolute immunity from congressional oversight. the judge calls that argument fiction. absolute immunity is not a thing, she says, at all. and another court decision overnight,