and that's not appropriate. >> brian stelter, thanks very much. >> thank you all for being with us today. a busy one again. i'm poppy harlow. >> i'm jim sciutto. "at this hour" with kate bolduan starts right now. hello, everybody. i'm kate bolduan. it is the election night that just won't quit. midterm races still in limbo. legal challenges under way. one week after election day, several races are still too close to call. in florida, the senate race, the governor's race, even the race for state agriculture commissioner are facing recounts. these are recounts required by state law. focusing on the senate race, though, now we have republican rick scott, the governor, and other republicans, including president trump, claiming voter fraud. an important note, though, they're not offering proof of voter fraud. the florida secretary of state still says that they haven't seen any voter fraud. right now, they are all racing toward a thursday deadline to

recount all votes. one crucial county started counting just a few minutes ago. cnn's rosa flores is in broward county, joining me now. rosa, the question all along has been can they meet the deadline? what is the latest you're hearing right now? >> you know, kate, if what i'm about to tell you sounds as clear as mud, it's because it is as clear as mud. as you mentioned, broward county just started recounting, but they stopped sorting to start recounting, but they're not saying exactly when they're going to go back to sorting because they have to finish the sorting before they can finish the recounting. again, it's as clear as mud, but that is the guidance we're hearing right now. most of the controversy here in florida has been zeroed in on broward county and palm beach county, which are democrat strongholds. now, inserting a county into the controversy that's a republican stronghold. big county in the oklahoma panhandle. it was hit by hurricane michael,

when hurricane michael ravaged through that area. we have learned that 158 people were allowed to vote via e-mail or fax. now, the rules were eased after hurricane michael to accommodate those counties, but voting by e-mail or fax was still not allowed, so it's still unclear how those votes are going to be handled. now, there is a slew of lawsuits. i wanted to zero in on one that could actually have an impact if it actually goes as the dems are hoping for. a lawsuit that was filed in tallahassee. there's a hearing tomorrow. it alleges the state law that requires that the signature match for a mail-in ballot with the signature on record is unconstitutional. now, the reason why that could have an impact is because that would insert thousands of ballots into this very narrow race, kate. so a lot of moving parts here in florida. but the headline here from

broward county is that the guidance we're getting is clear as mud. the recounting has started, but they still have not finished sorting. kate. >> perfect. thank you, florida. again. another example of our democracy in action or something like it. thank you, rosa. >> things have gotten so toxic, though, in that senate race we're talking about that a judge yesterday told both sides to ramp down the rhetoric. joining me is one attorney who was in that florida samuels, anr the florida democratic party. thank you for being here. >> thank you for having me. >> let me play that sound bite for our viewers. you heard it, but for our views, what the judge said yesterday. >> i am urging because of the highly public nature of this case to ramp down the rhetoric. if someone in this lawsuit or someone in this county has evidence of voter fraud or

irregularities at the supervisor's office, they should report it to a local law enforcement officer. >> ramp it down. is your side taking that seriously? are you going to? >> i don't -- he was addressing all of the lawyers and we are taking it seriously. i would like to point out, though, as counsel for the florida democratic party, we're not the ones claiming fraud. we're not the ones claiming corruption. we are simply the ones telling the republicans if you're aware of fraud or corruption, bring it to the court. now the court has said bring it to local law enforcement agencies, and bring it to us. what we want is legal votes counted. we would like to know if there's fraud. we would like to know if there's corruption. we have seen no evidence of any of that. >> the supervisors of elections have faced a lot of criticism, and are facing a lot of criticism right now. i know you have, i have seen you have defended brenda snipes, the bruered county supervisor of elections. the governor who gave her the

job in the first place 15 years ago, jeb bush, he now says that she should go. i want to read you what he put out in a tweet, and get your reaction. he tweeted this. there's no question that broward county supervisor of elections brenda snipes failed to comply with florida law on multiple counts. undermining floridians' confidence in our election price. supervisor snipeshead be removed from her office following the recount. do you still think she should stay on? >> i have a few reactions to this. she should stay on because she's been elected and re-elections several times by the voters of broward county. also, as counsel of the florida democratic party, i'm not defending brenda snipes, dr. snipes. she has her own lawyer doing that. we keep an eye on the process and make sure every legal vote is counted. >> do you think she's doing a good job? >> so here's what i can say about 2018. so far, everything seems to be

running fine. there's no corruption or fraud. no evidence of any wrongdoing at the moment. and she's working -- her and her office, they have people working around the clock to get this machine recount done and hopefully they'll finish it on time. if she finishes it on time and properly, i will not criticize her. i'll be happy about that. >> she's already admitted she mixed invalid ballots in with valid ones and says she doesn't know which is which so they can't be sorted. how do you defend that? >> well, i'm not defending it. there's an issue out there with roughly 22 pages on ballots. and as to the 22 pages, the canvassing board took the position to segregate them and to make sure they were segregated. so if at any point in time there is a contest to the election, which takes place after, if at all, the votes are certified. the election is certified. then at that point in time, those issues can be reviewed. so there is over 700,000 votes

cast, and there's an issue as to 22 pages that exist. you're right about that. is it 1,000 percent perfect? no, no election ever is. i venture to guess there are little things like this that happen in virtually all elections in most counties. this certainly is not grounds for removal. >> a new issue popped up. dade county was one of the counties, one of the places hit really hard by the hurricanes. where a lot of people are still displaced. the election supervisor there says that he's allowed more than 100 people to submit their ballots by e-mail or fax. that violated guidelines set by the secretary of state. no question they're dealing with a unique challenge, a real challenge there. but should those votes be counted? >> you know, i would really defer to senator nelson's campaign at this point in time. i hate to punt the ball, but we really -- this is a new development. we really haven't formulated our position at this point in time

as to those ballots. >> the republicans are arguing that you all are trying to commit fraud in this election. what do you say to them? >> how? when? where? why? that's all i can say. i'm basically speechless. there's been politicians accusing -- >> when mark elias is saying he wants something like 20,000 provisional ballots, he's saying he wants tens of thousands potentially of provisional ballots to be counted when they were deemed -- they were deemed invalid because they don't strictly conform to state law. is that trying to commit fraud? >> absolutely not. it's trying to advance a legal position that will or will not be accepted by the courts. there are constitutional issues that are raised by the standards, and they have every right to raise those issues in a court of law where a judge will decide. that is not fraud. that is advancing a legal

position that, you know, that the court will decide on. >> we'll see what happens next. tomorrow is a big day in court. thanks for coming in. >> thank you for having me. >> joining me toto talk about this and much more, anna palmer is here, senior washington correspondent for politico. chris cillizza is also here, you're so much more than just that. >> thank you. good to see you. >> thanks for coming in. you're here. you were listening to that interview with leonard samuels, what florida democrats are saying. where do you think this is headed now? >> the thing that is so stunning to me is how toxic the language is, how the rhetoric has gotten heated so fast. if you look at the last time there was a florida recount, the bush election, it took weeks to get there. the other thing i think is really interesting that we didn't tie in here, is ron desantis who was bear hugging the president on the campaign trail, having a lot of that fiery rhetoric is coming off as a statesman. he's stepped back. he's letting rick scott be the guy who is going to, you know,

get out there, allege all these things with no evidence. it's just a turn of events. it's worth noting. >> it's a really good point. chris, if you look at the vote count right now, there is something like 12,000 or 13,000 vote difference between scott and nelson. that is a big hill to climb for nelson when it comes to a recount. if that's the case, i do wonder why republicans aren't just sitting back and letting the recount happen. recounts rarely reverse the results, so it seems maybe something else is going on. >> yeah, i'm totally with you. kate, i think if you look at it, you look and say 12,000 votes out of 8.5 million cast, that's not a lot. and it's not. .15% of the overall vote, but look at the history of recounts in this country. if it's over 1,000-vote lead, the chances of that changing, as i always remind people, if it's 12,000 votes, they have to -- the recount has to find 12,001

votes for bill nelson and zero for rick scott. it usually doesn't happen that way. i think the biggest margin a recount has ever flipped is like 2,000 votes. so it's not a lot as it relates to the number of votes cast. but it is a lot as it relates to what past recounts tell us can be flipped. so yeah, i continue to believe that the most likely outcome here is governor ron desantis and senator rick scott, which is why i don't totally get this. you know, the president is his own thing. he just says and does whatever. i don't understand it from the scott perspective because i don't know what he gains by this other than sort of pr to show you're being aggressive. because the legal fight is the legal fight. >> but i would argue, pr isn't just -- it's a something when it comes to kind of recounts. i think the pr and messaging on

this and going forward, i think, could be a thing. i don't know. let's see. let's talk about arizona, and let's call it the stark contrast of how to deal with a contentious race. it is -- it ended between martha mcsally and kyrsten sinema ended in the most polite and civil way possible, with mcsally wishing her well with her adorable dog with ler in the video. when she conceded. so on its face, that should be applauded in this day and age. but also, i do wonder if -- is there more going on here as well? could it have something to do with another arizona seat that could potentially become available? >> it's not quite so secret of why maybe martha mcsally was as deferential and acting very statesman like. she is one of the kind of leading contenders who sought to be the top choice for replacing senator kyl, who said he will step down in january. she actually could be the elder

statesman, the elder senator of arizona. you could have two women senators for the first time. >> and they already ran against each other. chris, why are you so cynical and you think this has everything to do with mcsally getting potentially jon kyl's seat, formerly john mccain's seat. >> because politics. i mean, because look. let's say this mcsally had lost once before, and this was seen as sort of her last chance to get to the senate, for example. there's no way she concedes down 40,000 votes with 92% counted. you wait because what's the harm? you're not harming your political career if this is your last race. you myth as well fight it out. >> she also has a long political future ahead. she was a very well liked republican in the house. >> i think that's absolutely true, but her long political future ahead -- you cannot separate the fact that she and everyone else knows that jon kyl when he took the appointment to replace the late john mccain

said i am definitely not serving past 2020, and basically, i probably won't serve even until 2020. martha mcsally knows that. she is smart smart about that. she knows that. she ran a campaign in which she came very, very close. there's already some buzz in arizona media about the idea of wouldn't this be a good thing? two credible, serious people, as anna mentioned, two women representing arizona for the first time. why do anything like you're seeing, again, i don't understand why, bizarrely, what rick scott is doing. why do anything from a public relations perspective? why not just say, i came close. i congratulate her. dot dot dot, and i may be joining her soon. >> anna, great city you. chris, great to see you. >> thanks. >> dot dot dot. >> all right, let's go over to california. coming up for us, the death toll rising. dozens still missing in the deadliest wildfire in california state history.

now, no rescue today. strong winds are threatening to make matters worse. plus, cnn files a lawsuit against the trump administration after it pulls the press credentials of jim acosta. we have details on that ahead. oh good, you're awake! finally. you're still here? come on, denise. we're voya! we stay with you to and through retirement... with solutions to help provide income throughout. i get that voya is with me through retirement, i'm just surprised it means in my kitchen. oh. so, that means no breakfast? i said there might be breakfast. i was really looking forward to breakfast. i know... voya. helping you to and through retirement.

tap one little bumper and up go your rates. what good is having insurance if you get punished for using it? news flash: nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪

opportunity is everywhere. like here. where you can explore the world knowing you can always find your way home. ♪ need money for your family, call newday usa.

a newday va home loan lets you refinance your home and take out 54,000 dollars or more to pay credit card debt, or just put money in the bank. it even lowers your payments by over 600 dollars a month. as a veteran, you've earned the powerful va home loan benefit that lets you refinance up to 100 percent of your home's value. and with home values rising, that can mean a lot more money for you and your family. and because newday usa has been granted automatic authority by the va, they can say yes when banks say no. and they'll do all the va paperwork for you. we all know some of life's most important financial decisions are made right here at the kitchen table. so, if you're a veteran and need cash, calling newday usa could be one of the best decisions you'll ever make. go to newdayusa.com or call 1-877-418-1776

for just fifteen ninety-nine at red lobster. you get all the shrimp you want, any way you want them. and now savory parmesan shrimp scampi is back! new sesame-ginger shrimp is here, too. but hurry in, endless shrimp ends november eighteenth. ingenious space- neat nest™ by fasaving design. all designed to stack and protect the lids, and the pan surface. farberware neat nest™. stacked & intact™ the number of people killed in the california wildfires has reached 44 today. two people died in southern california's woolsey fire and 42 people died in the camp fire, making it the deadliest and most destructive fire in california's history. wind gusts are expected to reach 70 miles per hour today, offering no relief for firefighters. and more than 300,000 people have been forced to flee their

homes. >> just to be surrounded by flames was just unreal. it was literally hell on earth. these things happen and i have been in this community for 15 years and we did have a fire, a pretty horrible fire 13 years ago which we survived, but not to this extent. i would say this is the worst fire in bell canyon history. >> all right, joining me now is cnn correspondent dan simon in paradise, california, and cnn correspondent scott mclean in malibu. scott, first to you. what are you seeing? what are you hearing from folks in malibu? >> hey, kate. it's not clear there's any active flames at this point, but there certainly are a lot of active firefighters. more than 3500 of them working to build and re-enforce fire lines and put out any hot spots. this fire scorched 96,000 acres. it's 35% contained at this point, but the worry is that some of the smoldering areas or the hot spots will reignite again given the dry conditions

we seem to be seeing. in this part of malibu, the fire seemed to hit sporadically. if you look across the street at this house, it was completely untouched. if you come back this way, we have a photothat shows a before picture of what the property looked like as compared to what it is now. there isn't much left of it at all. as we walk closer along the roadway, you can see this house, all that's left is really the steel beams, the trusses, things like that. a bit of tin siding there or tin roofing. if you look over to the left here, there's actually a chicken coop that managed to survive this and there's chickens inside. it's not clear whether the chicken were put here after the fire came through or whether they survived it, but if they did, that seems pretty miraculous. then, look over here to this truck here. well, what's left of this truck. you can see there's only really the threading left on the tires. the entire cab is completely gone. then down here, kate, you can actually see there's a melted puddle of aluminum that's

hardened in place. we know the weather conditions for the next day or are not favorable. there will be red flags until tomorrow. firefighters have to be standing close watch to make sure that this thing doesn't spark up again. >> that's a perfect example of just how intense that fire was going through. really appreciate it. thank you so much, scott. i want to go to dan simon now in paradise, california, where the camp fire became the state's deadliest in history. what are you hearing there? the scenes there have been devastati devastating, but there's still a search for the missing. >> that's right. first of all, let me explain where i am. perhaps you can recognize these. these are shopping carts. we're in front of a safeway grocery store. this is one of the first structures i saw when i first came into town. i wanted to come back here today and show it to you because it's just so massive. but it's also representative of the kinds of businesses that have been lost here. this is a small community, and a lot of people relied on this

grocery store. so it's going to take a monumental effort to bring this community back. in the meantime, we did get the word that 42 people now have been confirmed dead as a result of this fire. that's a record for the state of california. and the focus today is to go out and try to find even more victims. we know that more search and recovery crews have been brought in, and they're also bringing in cadaver dogs looking for bodies. one of the gruesome things associated with all of this is many of these bodies are unrecognizable because they have been so badly burned. authorities are asking loved ones to give dna samples. so hopefully these bodies can be identified. we'll send it back to you. >> yeah, all right, dan. thank you so much. i really appreciate it. coming up for us, cnn sues the trump administration after it pulls the credentials, the press credentials of chief white house correspondent jim acosta. we have details on that ahead. 300 miles an hour,

that's where i feel normal. having an annuity tells me my retirement is protected. learn more at retire your risk dot org. you might or joints.hing for your heart... but do you take something for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life. their medicare options... before they're on medicare. come on in. you're turning 65 soon? yep. and you're retiring at 67? that's the plan! well, you've come to the right place. it's also a great time to learn about an aarp medicare

supplement insurance plan, insured by unitedhealthcare insurance company. here's why... medicare part b doesn't pay for everything. only about 80% of your medical costs. this part is up to you... yeah, everyone's a little surprised to learn that one. a medicare supplement plan helps pay for some of what medicare doesn't. that could help cut down on those out-of-your-pocket medical costs. call unitedhealthcare insurance company now or visit aarpmedicaresupplement.com for your free decision guide about the only medicare supplement plans endorsed by aarp. selected for meeting their high standards of quality and service. this type of plan lets you say "yes" to any doctor or hospital that accepts medicare patients. there are no networks or referrals to worry about. do you accept medicare patients? i sure do! see? you're able to stick with him. like to travel?

this kind of plan goes with you anywhere you travel in the country. so go ahead, spend winter somewhere warm. if you're turning 65 soon or over 65 and planning to retire, find out more about the plans that live up to their name. thumbs up to that! remember, the time to prepare is before you go on medicare! don't wait. get started today. to learn more about the range of aarp medicare supplement plans and their rates, call or go online today to request your free decision guide. oh, and happy birthday... or retirement... in advance. it's a revolution in sleep. the new sleep number 360 smart beds are on sale now during sleep number's veterans day sale. it senses your movement, and automatically adjusts to keep you both comfortable. it even helps with this. so you wake up ready to put your pedal to the metal.

it's the final days of our veterans day sale where the queen sleep number 360 c4 smart bed is only $1299 - save $400. plus, 24-month financing on all beds. ends sunday. sleep number. proven, quality sleep so, let's talk about conference calls. there's always a certain amount of fumbling. a lot of times it doesn't work.

we have problems. comcast business goes beyond fast. by letting you make and receive calls from any device using your business line. and conference calls you can join without any dial-ins or pins. (phone) there are currently 3 members in this conference. i like that. i like that too. i would use that in a heartbeat. get started with innovative voice solutions for a low price when you get fast, reliable internet. comcast business. beyond fast. this morning, cnn filed a lawsuit against the trump administration for revoking the press credentials of chief white house correspondent jim acosta. you may remember, the white house took the action after a contentious back and forth during a press conference after the white house last week. there's a lot to discuss here. joining me is cnn's chief media correspondent, brian stelter, and cnn legal analyst paul

callan, who is also a former professor of media law. thank you both for being here. brian, first and foremost, can you lay out what's in the lawsuit? >> the head of cnn said this was not a step taken lightly, but the white house's action was unprecedented. that is true. i have looked at the law in the past here. there is no other case where a white house correspondent like acosta has been kicked out. the press pass revoked after asking tough questions at a press conference. the white house has been coming up with shifting explanations for why his pass was revoked, but it's been suspended for almost a week now. cnn tried behind the scenes to get it reinstated. sent letters, sent requests and said if we have to, we'll sue. now, we're at the point where the lawsuit has been filed. it alleged acosta's and c nnn's first and fifth amendment rights are being violated. for decades, there has been a standard for when credentials are granted and when they're

revoked. you're always allowed in unless you're a threat to the president's life. as a result, cnn is saying this is a violation of the first and fifth amendment. >> just a few minutes ago, sarah sanders who is one of the six defendants said we have been advised that cnn has filed a complaint. this is just more grandstanding from cnn and we'll vigorously defend against this lawsuit. she said cnn has nearly 50 additional hard press pass holders and mr. acosta is no more or less special to any other reporter with respect to the first amendment. the white house is saying everyone else is allowed in the white house. we're not blocking everybody. that's part of the point, they're trying to pick and choose who is able to cover the white house and who can ask questions of the president. no past president has tried to engage in that control. it's also noteworthy we're seeing shifting rationales. >> they claimed last week he

placed his hands on a white house intern. >> first, i want to get your take. first, there are clear first amendment issues that are part of the lawsuit, brian bringing up the fifth amendment issues. what's that about? what is cnn saying? >> what the president and white house seek to do is restrict a reporter's access based upon the fact that they don't like the reporting that's being done by cnn and possibly by the reporter. that's called content-based discrimination. the first amendment is very clear on that. that the press has the right to report and express opinions regarding the president's conduct. the second part is the due process clause or the fifth amendment, which says if you're going to try to restrict anybody's access, you better have a good reason. there has to be a hearing demonstrating the good reason. no such hearing was granted to acosta here. there's also a third cause of action against the secret service specifically. but it looks like a very, very strong case. most first amendment experts

think under existing u.s. law. >> i want to focus on how this came about. this came after the press conference last week. that's when the white house took acosta's credentials. er when they took his credentials they said this. this was the first statement why they did. we will however never tolerate a reporter placing his hand on a young woman just trying do her job as a white house intern. the video and the facts show otherwise. but the white house statement is very clear on what they were basing this on. and then the president said this about it friday. >> i think jim acosta is a very unprofessional man. he does this with everybody. he gets paid to do that, he gets paid to burst in. he's a very unprofessional guy. whether it was me or ronald reagan or anybody else, he would have done the same thing. look. i don't think he's a smart person, but he's got a loud voice. wait, david, do you mind if i answer the question? and as far as i'm concerned, i

haven't made that decision. but it could be others also. when you're in the white house, this is a very sacred place to be. a very special place. you have to treat the white house with respect. you have to treat the presidency with respect. if you have ever seen him dealing with sarah huckabee sanders, it's a disgrace. he does it for, you know, the reason, the same thing with april ryan. >> the president is not talking about an alleged assault there. if he was, he wouldn't be threatening other reporters. he wouldn't be threatening april ryan, and then you have this new statement that was saying acosta was preventing them from an orderly and fair press conference. >> he undermined the white house defense because if he was saying this was acosta inappropriately touching an intern who was trying to take his microphone, he threw it out the window now. he's talking about all the reporters, and he may ban other reporters and what happened with ronald reagan. all of this indicates this is not conduct-based but it's

content-based. in other words, under the first amendment, he's trying to ban certain press people from covering him. >> and in today's tamestatement there's no comment about the intern, instead it's just a comment that he's rude or disrespectful. respect is not a matter of law. cnn's complaint that acosta was not sufficiently respectful isn't sufficient as a matter of law. acosta is rude, he's a showboat, but you know what. different white house reporters have different styles. it's been true for decades. >> if you're going to establish a system where conduct determines whether you can attend a press conference, the white house would have to have a set of rules on this. indicating what conduct is improper and then that could be tested in the courts. but they have chosen not to have any specifics that would apply to this situation. >> the big picture here is cnn is taking this action because it's not just about acosta. it could be a reporter from "the new york times" or nbc or some

other outlet next week. cnn is taking this action because this is a big freedom of speech issue even though it involves a single reporter in this one case. the president has been engaging in this out of control behavior, lashing out at the press. he seems to be acting out more and more. >> now a judge will have a decision. >> and the principle here is that he doesn't have to have press conferences, but if he has press conferences, the first amendment requires him to give free access to the people who cover him. and i think the white house is going to have a problem with this lawsuit. >> thank you. coming up, we'll bring you updates on this as they am. coming up for us, a major white house shakeup could be coming. new reporting on which top trump official could be on their way out and when. that's next. minimums and fees. they seem to be the very foundation of your typical bank. capital one is anything but typical. that's why we designed capital one cafes. you can get savings and checking accounts with no fees or minimums. and one of america's best savings rates.

to top it off, you can open one from anywhere in 5 minutes. this isn't a typical bank. this is banking reimagined. what's in your wallet? howdoing great dad!r does this thing got? looking good babe! are you filming. at booking.com, we can't guarantee you'll be any good at that water jet thingy... but we can guarantee the best price on a hotel, like this one. or any home, boat, treehouse, yurt, whatever. get the best price on homes, hotels and so much more. booking.com, booking.yeah

there lots of people who are confused about which medicare plan is right for them. hey, that's me. i barely know where to start. well, start here with me, karen. i'm a licensed humana sales agent. well, it's nice to meet you, karen. i'm john smith. hi, john. at humana, we know you're unique. so you have different needs from other john smiths. yah, i've always thought so. and together, we can find a plan that's right for you. great! i go to the doctor a couple of times a year. and i have some prescriptions. but i'm never fully sure of what's covered and what's not. with humana's all-in-one medicare

advantage plans, you get coverage for hospital stays, doctor visits, and part d prescription drug benefits. all for an affordable, and sometimes, no monthly plan premium. do you have any more information? sure. i'll get a decision guide in the mail to you today. they're free. finally. someone who understands the real me. your health and happiness is important to us. call or go online now to get your free decision guide. call a licensed humana sales agent today. hi. i'm paul. i switched to sprint because they have a great network and i knew i'd save a ton of money. sprint's nationwide lte advanced network is now up to 2x faster than when i switched. and their total lte coverage is 30% larger. that's big news!! don't forget unlimited. sprint's unlimited can save you nearly $1000 in the first year over verizon and at&t. just think what you can do with all that extra money. (vo) up to two times faster than before. see how you can save nearly $1000. for those with hearing loss sprint. visit sprintrelay.com.

brace yourself, everybody. we could have a seismic shakeup in the white house, or should i say yet another one? cnn has learned president trump is eyeing potential replacements for several key positions now, post midterms, including even his chief of staff. cnn's senior white house correspondent jeff zeleny is getting in new reporting on this. what are you hearing? >> good morning, kate. it's no surprise the president, as we know, is looking at a shakeup of a wide array of officials here at the white house, as well as cabinet positions across washington. but one person we're told who is not safe necessarily in their position is the white house chief of staff, john kelly. even though the president said earlier this summer that john

kelly can stay on through 2020, he wants him to remain as chief of staff, we're learning from officials he does not feel confident or secure in his position, largely because of other potential shakeups going on. as we have been reporting all morning, the homeland security secretary, kirstjen nielsen, is believed to be the next to go. the president has voiced his displeasure repeatedly about her performance on the border. he's blaming her for the rise in some border crossings. she has tried to explain the law to the president and tried to make clear that the secretary is limited in some things they can do. that has not necessarily pleased the president. the white house chief of staff, john kelly, is her biggest advocate here at the white house. she served under him as a deputy chief of staff here before she went to homeland security. if she leaves, the question, of course, is would john kelly leave? we do know by talking to a variety of officials that the president has been discussing some potential replacements should there be a vacancy in the

chief of staff's office. one is the chief of staff to the vice president. he's been around the administration since almost the beginning. the president has a good relationship with him. he's a potential. mick mulvaney as well, head of the budget office here, and there could be a variety of others. at this point, there is expected to be many more people coming and going, which is not uncommon at this point in a white house. it's halftime, if you will, of his first term in office. it's unclear how many will be coming and going. add john kelly to the list of people who aren't necessarily going to be here as long as the president once said. >> this is halftime, i would like to know what the halftime entertainment is. please report back. thank you so much. great to see you. coming up, new details coming in about the killing of journalist jamal khashoggi. "the new york times" is reporting now an audio recording may link the saudi crown prince to his murder. that's next.

♪ ♪ ♪ ♪ your insurance rates skyrocket you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness, liberty mutual won't raise their rates because of their first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty mutual insurance. ♪ liberty. liberty. liberty. liberty. ♪

you don't need to go anywhere dad, this is your home. the best home to be in is your own. home instead offers personalized in-home services for your loved ones. home instead senior care. to us, it's personal.

it's been over one month since journalist jamal khashoggi was killed in the saudi consulate in turkey. still, no official explanation of what really happened and who ordered his killing. now "the new york times" is reporting there is new evidence pointing the finger, suggesting it has to do with saudi crown prince mohammed bin salman. an audio recording in the hand of turkish officials that top u.s. officials have heard. joining me now is one of the reporters who broke the story. julian barnes. thanks for coming in.

>> thanks for having me. >> the quote that rings out, tell your boss. that's one key line heard on this tape. can you tell us more of your reporting of what's on the tape? >> yeah. so that is the -- those are the key words that american intelligence officials are focusing on. the phrase that the turkish tape has caught is tell your boss that the deed is done or tell your boss the mission is accomplished. and these are words that the u.s. intelligence, other intelligence agencies have concluded is a reference to the saudi crown prince. now, there is this caution. officials briefed on this, former officials have said that this is not a smoking gun. it's not definitive proof, but it is very suggestive. it may be the most suggestive evidence so far linking the kill team to the crown prince.

>> and if it is the most suggestive evidence so far, as you say, if that's as far as it goes, what are you hearing from your sources, though, on what that means in terms of the responsibility put on mbs? what the united states will take from it, and how they'll respond? >> yeah. that question goes to the heart of the matter. that's the exact right question to ask. look. there are no perfect pieces of the puzzle. when you talk about intelligence, it's not like a police procedural on television or a spy thriller you read. you don't get all the pieces of evidence. you get a little bit here, a little bit there, and you put it together for an assessment. this is one key piece of the puzzle that intelligence agencies are sort of saying creates a picture of the culpability of the crown prince.

however, because it is this is not -- they are not uttering the name of the crown prince. they are not talking to the crown prince. that gives a little bit of plausibility deniability. so far the trump administration signalled they are going to use that to maintain the relationship with prince mohamed. that could change, but right now we see that the policy decision will be to continue the relationship with the saudi crown prince. >> you also reported that this audio we are talking about is played for gina haskell and we know she briefed the president upon her return from turkey. we assume the president has this information and does leave me wondering to your point. the president has taken this as i'm thinking about it. he said i'm forming a very

strong opinion and trying to figure out what the signs of that strong opinioning going to be. >> we are going to learn more and we are learning new statements. we don't think they will change their story dramatically. the turks are continuing the pressure. we are expecting that the cia will brief congress. we will have some information perhaps coming from that. that will be a classified briefing, but it will up the pressure from capitol hill. the administration will have to make a decision. do they press forward or change? as you pointed out, maybe there are signals from president trump that he is shifting his position. >> we'll see. great reporting. thanks if are coming in and sharing with us. >> thank you. >> coming up for us, former first lady michelle obama weighing in on the next presidential race and also the current president in the white house right now. that is next. alright, i brought in ensure max protein... ...to give you the protein you need with less of the sugar you don't.

[grunting noise] i'll take that. 30 grams of protein and 1 gram of sugar. ensure max protein. in two great flavors.

ensure max protein. 1500 dollars or more if yofor rent every month, newday usa could help you buy a home for what you're paying in rent. with the newday usa zero down va loan, there's no. down. payment. so you don't have to save up to move up. and since newday usa has been granted automatic authority by the va, they can say yes when banks say no. let newday usa help you buy your own home. go to newdayusa.com or call 1-855-509-4077 for each job exxonmobil creates, many more are created in the community. because energy touches so many industries, it supports 10 million u.s. jobs.

comcast business built the nation's largest gig-speed network. then went beyond.

beyond chasing down network problems. to knowing when and where there's an issue. beyond network complexity. to a zero-touch, one-box world. optimizing performance and budget. beyond having questions. to getting answers. "activecore, how's my network?" "all sites are green." all of which helps you do more than your customers thought possible. comcast business. beyond fast. former first lady, michelle obama, is kicking off her book tour and she is not holding back. >> what candidates do you see out there that inspire you and catch your eye and did you hear recently, one of the hillary clinton's former advisers speculating that she could run again. do you think she should? >> i think at this point everybody is qualified and everybody should run.

i might even get sasha to do it. you got free time? i think you would do a great job. >> it's not going to be her running for office any time soon. what does it have on the obama legacy? on the current state of politics. desiree barnes is a former obama administration aide. great to see you. you started working for michelle obama as an intern at 19 years old. you served the entire administration. the reporting has always been she was reluctant to have her family in the public eye. how do you think her time in the public eye changed her view on politics? >> i think she has been able to have and experience up close an advantage point to a front row seat in history. i think that's something she has

been very authentic and candid about with the audience that she has come across. i think that she is not afraid to be honest about the trials and tripulations and the hard moments have been hard. there is optimism comes out of it. she has been able to see how government has been able to function when you have people who are willing to work with one another. >> and the opposite, when they are willing not to work with one another. first ladies, they often don't talk about politics at all, particularly not about taking on the current president. in her book, she talks about the birther experience and said she won't be able to forgive the president. she is being asked about it in the interviews. does it surprise you that she is taking on the president in this mem roire in this way?

>> i don't think she is taking on the current president. she is just being authentic to who she is. this is a part of her character. she has always been candid and she is comfortable with the voice she holds. i think there is nothing wrong with her sharing her truth and how she feels about things. i don't even think that's primarily her focus. this book is to tell her story to young women and young women of color especially. >> she is candid about her personal and struggles getting pregnant, going to marriage counseling and how it hurt, the things people said about her and trying to stereotype her. she is clear she wants to encourage and inspire people with her story. how would you say she impacted your from working for her? >> i think the best thing that i have been able to witness from her is her work ethic.

and her commitment to serving others. i think this book is so great because it is candid. i'm appreciative of it and i think a lot of people will be. >> great to see you and thanks for coming in. >> great to see you, too. >> thanks for joining us. inside politics with john king starts right now. >> thank you, kate and welcome to inside politics. i'm john king. thank you for sharing your day with us. the president launches a tweet storm at france. even closest supporters describe it as dark and angry. plus the presidential venting includes fresh criticism of his homeland security secretary. he said she is weak on border security. they believe she could be next on the high profile list of officials sent to the exits. they have government funding and