ambassador to the united nations. new this morning, the incoming house judiciary chief vowing to investigate president trump on what he considers a potential impeachable offense. representative jerry nadler telling "the new york times," quote, the president was at the center of a massive fraud against the american people. this after new york federal prosecutors suggested in a filing that president trump violated federal campaign finance law. for the first time, we heard from the president on the filings which implicated him in hush money payments in a lead up to the 2016 election to two women who claim they had sexual encounters with him. >> on the mueller situation, we're very happy with what we are reading because there was no collusion whatsoever. there never has been. the last thing i want is help from russia on a campaign. as far as the report that we see according to everybody i've spoken to, i have not read it, there's absolutely no collusion, which is very important. >> meanwhile, house republicans releasing transcripts after grilling former fbi director james comey behind closed doors. comey answering questions on a wide range of topics including telling lawmakers he believes the mueller investigation will survive even if the president fires the special counsel. comey saying, quote, you'd almost have to fire everyone in the fbi and the justice department to derail the ref la -- ref la relevant investigations. and a jounsinnouncing john will be stepping down. 16 months ago kelly came in as the second chief of staff to instill order. his tenure was rocky. >> i'm not quitting today. >> senior white house officials would not say whether kelly resigned or was asked to leave. >> we'll be announcing who will be taking john's place. it might be on an interim basis. >> in the mix, mike ayers, a 36-year-old father of triplets. 68-year-old kelly had once been a favorite as homeland security secretary. >> john kelly is one of our great stars. >> the president was respectful. >> i appreciate his service very much. >> engaging reporters, the president brought up the mueller investigation and disputed a major claim in friday's special counsel filing that michael cohen was directed to make illegal payments to two women to keep quiet before the election. >> sir, did you direct michael cohen to commit any violations at all? >> no. no. >> part of the equation for choosing a third chief of staff is how long that person would fill the position. reince priebus was in the job for about six months. john kelly had served about 16 months. senior white house officials said nick ayers said he had plans to move his family back home to georgia but would be willing to serve as acting chief of staff for a period of months. sources say the president was hoping for a longer commitment with two years left in his term and a big campaign for reelection still coming up. >> kelly o'donnell, thank you. joining me now, laura lopez and sean sullivan. thank you both for joining us here on sunday. the incoming judiciary chairman jerry nadler wants to investigate the president on impeachable offenses. >> we'll have to see ultimately what the special counsel investigation ultimately finds or produce, particularly on two fronts. one, whether they do find something that suggests or accuses the president's inner circle directly of coordinating with russian officials during the 2016 election and to try to influence the outcome and whether the president himself tried to obstruct justice, tried to obstruct this investigation. when we know the answers to those two questions, we'll see how democrats proceed. they are being cautious saying look, we are not going to just jump ahead and say we're full speed ahead with impeachment. they're sort of taking a wait and see approach right now, but again, there's going to be a lot of pressure from the democratic political base who just elected a ton of democrats into the power in the house. as we see more and more of these revelations come out, there's certainly going to be political pressure for them to act in some way. whether that ends up being impeachment, that remains an open question. >> democrats downplayed the "i" word and focusing on other issues such as health care but now feel they have leeway to bring up impeachment? >> there's a big difference between saying we think trump has committed some impeachable offenses and carrying out the proceedings. democrats didn't want to talk about this on the campaign trail knowing that it could turn off possible new voters and those suburban voters that flipped for them, but jerry nadler was there when clinton was impeached and so he's been through this. he knows the heavy risk that comes to the party that carries out impeachment and so there's a big difference between holding investigations and issuing subpoenas to the administration and to agencies to figure out different violations that the trump administration has engaged in and actually starting proceedings, because democrats are very aware that if they go down that alley that it could cost them in 2020. >> sean, what is a timeline on impeachment? can democrats push forward their policy agenda without getting bogged down in investigations? >> yeah. that's really the balance that they're going to try to strike, because of course the 2020 election campaign is already beginning right now. one of the things democrats want to do moving forward is to try to demonstrate to the american people that they have an agenda, that they have policy ideas, that they have ways that they can contrast themselves with the president aside from just investigating him, aside from going after him. when you look at republicans, they say well, if all the democrats are going to do is go after the president, that gives us an opportunity to go to our base and fire them up and vote for republicans candidates in 2020. there's a lot of questions the democrats have to answer about how they're going to use their time, how much of it is going to be about talking about health care, talking about the economy, talking about the environment, things that they campaigned on, these so-called kitchen table issues they campaigned on in so many of these congressional races this year. that's going to be challenging for democrats. there's no easy answer as to how to balance those things. there's going to be a lot of pressure from a lot of different sides to address all these issues. it's not going to be easy for the democrats coming into power. >> president trump says john kelly will step down by the end of the year. what does that signal to you politically? >> well, trump clearly wants someone at his right-hand side that he feels will be in tune with him. trump loves to be a constant campaigner and someone like nick ayers is more in tune with that. he's willing to engage the president more. we saw kelly come in trying to manage chaos and is not as experienced in that area. and so clearly trump wants someone by his side that is going to be willing to be more of a political animal the way he likes to be. >> sean, if you could add to that y do y that, why do you think trump is considering nick ayers on the job? >> we're seeing trump in his campaign and inner circle start to pivot more to 2020. you're seeing officials like the political director moving over to the campaign side and ayers is a departure from john kelly who came from outside government who was not experienced in campaigns and the ways of washington and working with congress. so this does appear to be another move toward the 2020 campaign and the president seems certainly preparing pretty early for that. the question is if ayers does end up taking this job, getting this job, how long will he stay in that position? if it's not more than a period of months, then who takes that job and how will that person align themselves with the president? how experienced will that person be when it comes to the campaign? because we're talking about, you know, in a matter of months the campaign really, really revving up on both sides of the democratic and the republican side. whoever ultimately takes this job is not just going to be a government job. it's really going to be sort of a political, you know, head job as well. and so if it's ayers, how long does he stay in is the big question. >> that is the big question. i want to turn to james comey. what was the main revelation from his testimony? >> a lot of it was a repetition of themes that we've heard before from comey. one thing that i thought was really interesting actually was his inability to answer questions about the obstruction of justice and the attorney -- the fbi attorney in there with him actually made a comment saying he can't answer that because that question could relate to the obstruction -- the special counsel obstruction's case. that confirmed that is something that the special counsel robert mueller is looking into. >> laura, sean, thanks so much. stay with us, we're going to talk more about the changes coming to the u.n. up next, the chances prosecutors in new york would pursue charges against president trump after he's out of office. legal analyst danny savales weighs in. hear that, karen? 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>> for the first time the government has taken the position and made this statement that michael cohen committed election law crimes at the direction of and in coordination with individual one, who everybody knows is the president. prior to that day, michael cohen had stood up in court and said the same thing. but there was no indication that the government would endorse that so explicitly as they did just this last week. >> and danny, do you need to prove intent when it comes to an accusation of defrauding voters? >> that's an interesting law. most of the time, in many criminal laws, recklessness is enough. as long as you consciously disordered a risk, you can be held criminally liable. this particular law requires a knowing and willful violation. knowledge not just about your conduct, but that what you're doing is contrary to the law. that's a higher burden than normal. and you have to prove that beyond a reasonable doubt if you're the government. so even with that high bar, you can prove it with circumstantial evidence. for example, attempts to conceal can be evidence of consciousness of guilt. you might have that in this case. >> and danny, how intel member congressman joaquin wcastro sai the only thing keeping the president from indictment is his title. >> i'm part of the minority that believes that the sitting president may not be indicted. there are two pieces of evidence. number one, it's structural. the constitution says a president shall be impeached, remo removed, and then subject to trial. the second is practical. if you arrest the president, he's the only person in the entire government. if you arrest him, you arrest the entire executive branch. the vice president doesn't step in unless and until impeachment and removal. >> interesting there. danny, do you envision any scenario where the southern district of new york would indict the president under seal to perhaps reveal if he's no longer president? so the statute of limitations could possibly be 2022? >> possibly, but they might not even have to do that. generally, federal laws have a statute of limitation of about five years. we just use that for an example. with conspiracy, conspiracy statute of limitation starts running from the date of the last conspirator's act. for example, if an act was committed last week, you add five years. now we're potentially assuming president trump might be a one term president, you're outside of his first term. he's a citizen again. he can conceivably be indicted while a citizen and you avoid the entire thorny issue of whether or not you can indict a president. >> michael cohen pled guilty to violating campaign finance laws, but the president in a tweet said the documents clear him. is that what these documents show? because if someone directs another person to commit a crime, is that person guilty of the same crime? >> i have no explanation for why the president thinks these documents cleared him. as i said earlier, for the first time, the government has said in so many words it believes that individual one directed and coordinated a criminal act with michael cohen. unless the president believes individual one is a first name and last name, mr. one, and it's not the president and it's somebody else. other than that, i can't see how it clears him. >> that would be a stretch there. before i let you go, i want to turn to james comey, his release on the hill, the transcript shows comey's lawyer confirms the special counsel is investigating obstruction. could comey be a witness in the obstruction case and what does this imply to you? >> could he be? he almost surely is a witness in the obstruction case. he testified essentially to that yesterday or this week in his testimony before congress when he reminded us of that meeting where he was told to let flynn go. and that's been one of the chief allegations of potential obstruction of justice against the president. now, that raises a secondary question. can the president obstruct justice if he's giving essentially a request to a member of the department of justice, the fbi director. >> danny, so much to take in this morning. thank you so much for your time. >> thank you. controversy follows president trump's pick for u.s. ambassador at the u.n. at least one critic calling the former fox news anchor clearly unqualified. and now in late night laugh lines, robert de niro appears as robert mueller lurking in eric trump's closet and shares a bedside moment with the president's second son. >> hi, eric. >> whoa. >> don't be scared. it's just me, robert mueller, your dad's friend from work. >> mr. mueller, people say you're the worst thing to happen to my dad. >> no, eric. getting elected president was the worst thing that ever happened to your dad. ♪ the united states postal service makes more holiday deliveries to homes than anyone else in the country. ♪ with one notable exception. ♪ we've shown just how far love can go.e the love event, (grandma vo) over one hundred national parks protected. 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(granddaughter) thank you. in power, politics, and paychecks, cheering for the closing bell at the new york stock exchange signaled the worst week since march. plunging again after friday's disappointing jobs report. for the week the dow, s&p and nasdaq each lost about 4%. a new study of the tariffs may have a greater impact on middle and lower income households. the tax foundation says the $42 billion worth of tariffs will ultimately cost american households $146. the moral ineffective, and the president said he promised it. he also promised mexico would pay for it. even if they did, it's immoral. >> nancy pelosi showing no sign of relenting on her opposition to a wall on the mexican border. it's a major sticking point to budget negotiations for the next year. pelosi and chuck schumer meet with the president on tuesday at the white house. this week president trump nominated heather nauert replacing nikki haley. democrats are criticizing what some view as a controversial choice. >> she has no experience as a diplomat. she has no meaningful experience in government. she is clearly not qualified for this job. but these days it seems that the most important qualification is that you show up on donald trump's tv screen. >> we're back with our panel, laura and sean. her experience in government is limited to 19 months as a spokes woman for the state department. what is the reason for nominating her for one of the top diplomat positions? >> she has established a reputation for somebody who is a pretty staunch defender of the president and his agenda. we've seen time and again throughout the campaign and also throughout his tenure in the white house that the president does value loyalty. he does value individuals who are standing up for him, who are willing to defend him publicly across the board. now, her portfolio is going to include some pretty, you know, far reaching and sweeping things like sanctions on north korea, you know, trying to maintain a relationship with international partners when it comes to dealing with north korea, and so there's going to be a lot of scrutiny on her performance in this job. as we've seen, democrats are already preemptively criticizing her in this role. we'll see how this progresses moving forward. >> to that point, what about nauert's point of citing "d" day in the long history of german relations. it may have been a context problem, but some suggest lack of understanding or lack of ability to finesse a topic. >> as sean said, nauert is a diplomatic novice. she has only been in the administration for a few months. she was a co-host of fox and fr friends, a show the president loves to watch. so again, this is proof that trumpcares more about -- trumpcar trump cares more about loyalty to himself. this woman has very little experience and she's going to have to navigate issues such as ramping up, you know, pressure on iran. it's going to be difficult. >> a lot to look forward to there. laura, thank you so much. sean, always a pleasure to have you here. that will do it for me. thank you for watching. at the top of the hour, it is "up with david gura". first "your business" is next. 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