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Shakeup in Trump Transition Team; Trump Signals Softening Stance on Key Campaign Issues; Fourth Day of Protests Against Trump Election. Clinton: FBI Letter Gave Campaign "Double Whammy"; Will Trump Appoint Special Prosecutor for Clinton E-mails. Aired 1-2p ET

Aired November 12, 2016 - 13:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(COMMERCIAL BREAK)

[13:01:07] FREDRICKA WHITFIELD, CNN ANCHOR: This is the CNN NEWSROOM. I'm Fredricka Whitfield, live from Washington, D.C.

You are looking live at the White House where in 69 days, here it comes. Right now, the U.S. capitol is behind me. Soon, you will see the White House. Well, that will be the home of the next president of the United States, Donald Trump. There it is right there.

Just as a reminder, Trump campaigned hard with slogans like, build a wall, repeal and replace Obamacare, and lock her up, referring to Hillary Clinton.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT-ELECT OF THE UNITED STATES: We will build a great wall along the southern border.

(CHEERING)

TRUMP: And Mexico will pay for the wall.

The Repeal and Replace Obamacare Act. Fully repeal Obamacare and replace it with health savings accounts.

If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation.

(END VIDEO CLIP)

WHITFIELD: All right. Since Donald Trump's win, we have been hearing a different tone. The "Wall Street Journal" declaring Trump signal's shift on Obamacare. And "The Washington Post" writing this, "Trump team is hedging on some pledges." It's many -- well, it's because of many of the campaign pledges you've seen that sparked nationwide protests, sometimes with violent results.

(BEGIN VIDEO CLIP)

(SHOUTING)

(EXPLOSION) (SCREAMING)

(END VIDEO CLIP)

WHITFIELD: Police and protesters clashing in Portland, Oregon, overnight. Officers had to use flash bangs to break up crowds after they began throwing objects at police officers there. That was just one across the country. Demonstrators taking to the streets, blocking interstates, burning flags and chanting, "Not my president."

Amid the protests, a shake up on the Trump transition team. Chris Christie is out and Vice President-elect Mike Pence is in charge in terms of leading the operation, flanked by a team of vice chairs that include everyone from congressmen to Trump's own children.

CNNs Chris Frates is joining us live in New York outside Trump Tower.

Chris, what is happening with this transition team as many of them are meeting inside the tower behind you?

CHRIS FRATES, CNN CORRESPONDENT: A lot happening with this transition and also a softer tone from Donald Trump. We saw him tweeting today talking about unity and bringing all Americans together and talking about winning.

And that softer tone, also applying to some of his policy positions, in fact, telling the "Wall Street Journal" he is for two key provisions in Obamacare. We are talking allowing people with pre- existing conditions to keep insurance and children staying on parent's plan farther into adulthood. When he does that, people aren't going to lose their coverage. Here is how he explained it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED CORRESPONDENT: Let me ask you about Obamacare, which you say you are going to repeal and replace. When you replace it, are you going to make sure people with pre-conditions are covered?

TRUMP: Yes, because it happens to be one of the strongest assets.

UNIDENTIFIED CORRESPONDENT: You are going to keep that?

TRUMP: Also with the children living with parents for an extended period. We are going to --

UNIDENTIFIED CORRESPONDENT: You're going to keep that?

TRUMP: We are very much going to try to keep in. Adds cost, but we are going to try to keep it.

UNIDENTIFIED CORRESPONDENT: There's going to be a period, if you repeal it, before you replace it, where millions of people could lose --

(CROSSTALK)

TRUMP: We are going to do it simultaneously. It will be just fine.

(END VIDEO CLIP)

[13:05:00] FRATES: So, a much softer tone from Donald Trump. Trump saying he started to think about these and keeping these provisions after meeting in the White House with President Barack Obama earlier this week, talking about Obamacare.

Fred, I want to point out that Donald Trump getting congratulatory calls from old rivals. John Kasich called him. Jeb Bush called him as well, and Mitt Romney. Donald Trump talking to all those guys, getting belated congratulations from former rivals. So, that unity Donald Trump is looking for coming together on the Republican side - Fred?

WHITFIELD: Thank you so much. Chris Frates.

Let's talk more about this with CNN political commentator, Matt Lewis; and Lynn Sweet, the Washington bureau chief of "The Chicago-Sun Times."

Good to see both of you.

This is interesting. Now, it appears as though Donald Trump changed his language to repeal, replace Obamacare. Now it's I want to keep certain things.

Lynn, is this Donald Trump who is the king of branding trying to rebrand Obamacare as more Trumpcare as opposed to repealing it all together?

LYNN SWEET, WASHINGTON BUREAU CHIEF, THE CHICAGO-SUN TIMES: Way too soon to tell. It isn't so much of just putting youngsters on their parents' policy. Insurers like it. It puts a lot of healthy people in the system. Pre-existing conditions is putting sick people in the system. One of the controversies of Obamacare is everyone has to have insurance. They did that to put enough people in the system to even out the cost. So, actually, this could be a time for Obamacare because if it ends up with people getting insurance that didn't have it, that was the point.

(CROSSTALK)

WHITFIELD: These were hallmarks of the health care plan.

SWEET: Right.

(CROSSTALK)

WHITFIELD: President Obama always said, it could be retooled. That was the promise, it wasn't a perfect plan.

MATT LEWIS, CNN POLITICAL COMMENTATOR: These are -- this is very popular. It's a shrewd, political move if Donald Trump goes this direction and pulls it off.

WHITFIELD: What does it reveal to you?

(CROSSTALK)

prove?

LEWIS: He's not an ideolog and he likes to make deals. So, this could be a good thing.

Linda was right about one thing, the structural problem with cost. If you get rid of the individual mandate, but not pre-existing conditions, how does this program become sustainable?

WHITFIELD: Right.

LEWIS: It's unsustainable. There may be ways to play with it, tax rebates to incentivize everybody getting it. But some point, you're tinkering around. If you are a true free market conservative, you are not going to like what Donald Trump ends up with.

SWEET: Right because it is the government having a say in what your insurance plan has to cover.

WHITFIELD: Donald Trump said the government should not have a say in your health care.

SWEET: Right. One of the big Trump issue was he thought insurance policy offerings should not be limited by states. If I have a better plan in California, Montana, fine. I don't think democrats, if you ever had an objection to that. If you figure out a better way to give the coverage guarantee and everybody access to health care, they are not ideological things.

LEWIS: This is -- there is a chance. This is showing a chance that Donald Trump could be a popular and successful president.

(CROSSTALK)

It's really, really obvious.

SWEET: It is not repeal and replace. What he's saying is what democrats, what the Obama White House proved.

(CROSSTALK)

WHITFIELD: So they are showing a realization. Things look different once you become the president-elect or things look different once you are actually in the White House.

SWEET: It shows reality for the reality show star.

WHITFIELD: So, what about this transition team? Is this a different kind of reality we are seeing? Chris Christie was leading, now it's vice-president-elect, Mike Pence. We have seen that before with Dick Cheney and President George W. Bush transition team. But -

(CROSSTALK) SWEET: How about your three adult children that run your business that you have not disentangled yourself from? Is that not --

(CROSSTALK)

LEWIS: It's probably part of the reason Chris Christie is on the outs.

(CROSSTALK)

WHITFIELD: -- could create a problem, too. Nepotism clause, whether you have too much -- even if they are not on payroll -

(CROSSTGALK)

WHITFIELD: --it's very clear they are ad hoc advisers.

SWEET: Advisors, every president needs them. I guess I appreciate that it's the front door, not the back door. We know they are they're there, but --

WHITFIELD: They are in the backdrop like that "60 Minutes" interview.

SWEET: The most important thing is you need people. That's probably -- that are experienced in government. They have that on the transition team.

LEWIS: And a couple things that struck me about this, too, is the importance of loyalty in politics. If you bet on the right horse, there are people that are going to have big-time jobs that never earned it by merit. They bet on the right horse. It's loyalty. It's how politics works.

The other thing, I think conservatives are breathing a sigh of relief they didn't en masse, universally turn their nose up at Donald Trump. Now you have Mike Pence on the inside as a movement --

WHITFIELD: He's the establishment.

[13:10:09] LEWIS: -- movement conservative, who is a social conservative, a fiscal conservative, and there running that transition. If conservatives had said, we don't like Trump, we are not going to be a part of it, they wouldn't have Mike Pence.

SWEET: For the record, he never drained the swamp. He's trying to make it better.

WHITFIELD: Thanks so much. We are going to talk more about this coming up.

Also, coming up, a fourth day of anti-Trump protests. We are going live from New York. Brynn Gingras is there - Brynn?

BRYNN GINGRAS, CNN CORRESPONDENT: We have thousands of protesters taking over Fifth Avenue, heading to Trump Tower to spread their message to the president-elect that they will not tolerate hate. More of that coming up.

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WHITFIELD: We are monitoring a fourth day of anti-Trump protests sweeping across the country. Live pictures right now in New York on the left of your screen. You are seeing that people have been gathering outside of Trump Tower there. Then, last night, thousands were flooding the streets of Miami, Los Angeles and Portland, Oregon. Most of the marches and rallies were peaceful, but in Portland, one person was shot and police are looking for the gunman.

We have a team of reporters in New York and Los Angeles where protests are unfolding, again today. Brynn Gingras there. Kyung Lah on the right.

Brynn, let me start with you.

You are walking with the crowd. How is it going and what's happening?

[13:14:53] GINGRAS: Fred, this is easily the biggest protest I have seen happen in New York City since I have been working here, which is about five years. There are thousands of people right now taking over Fifth Avenue with several messages aimed at the president-elect. We have people talking about being against racism, sexism. You hear Black Lives Matter being yelled. Fifth Avenue, heading straight to Trump Tower. On the sides of us, we have NYPD officers here. You can see them lining the streets as the protesters just keep order and walk alongside them chanting to people on the sidewalk to join their message, and bringing that message right to Trump Tower.

We are going to stick with this. So far, a peaceful protest -- Fred?

WHITFIELD: Then, Brynn, describe -- once the protesters get to outside Trump Tower, we have seen they are concentrated police force there with the dump trucks, et cetera. Describe what people are met with once they get to Trump Tower.

GINGRAS: Well, Fred, it's really an organized protest as far as the police are concerned as well. They funnel the protesters into a pen. Maybe a block and a half or so from Trump Tower. But, again, I'm not quite sure what we can expect today. This is an enormous, enormous crowd. They gathered for about 45 minutes. You saw me an hour ago. That was like 50 people. Now, we are well, well into several thousand people.

I want to make a point. The person that organized this protest, a 20- year-old student from St. John University here in New York, and he actually received several times shaking hands with police officers, talking about what direction they want to go in, how can they go about it peacefully. It is the most organized protest I have seen happen here in New York City. That's good news.

Again, as he pointed out to me, they want their message to be heard. They don't want violence like you have been seeing across the country in other protests. They want their message heard and want everyone across the country to know they are against what Trump ran on. That is what their message is collectively.

WHITFIELD: Brynn Gingras, we'll check back with you in New York.

People are gathering, protesting in Los Angeles. That's where we have Kyung Lah.

Kyung, what's happening there?

KYUNG LAH, CNN CORRESPONDENT: It's a little difficult to tell exactly how many people are here, Fredricka. I'm going to try to give you a visual sweep of the crowd. We have seen a gathering at the park here in Los Angeles two miles away from the federal building. There are hundreds of people. A lot of them carrying signs. This is a very peaceful crowd as of yet. They have just taken to the streets and they are now just beginning to march. The plan here, this was organized on Facebook. The plan here is to start at this park -- and we are walking, again -- walk two miles to the federal building where they will stop and have a rally.

What the police have done is they have encouraged people to take to the streets. This is permitted, as far as we know. Once they get to their destination, police are going to have some dispersement.

Let's give you a look of what happened last night. This was a protest in Los Angeles. They have seen protests every single evening. Last night, the police tried to get another downtown protest to disperse. When the protesters did not, they began to vandalize some of the cars and the shops in downtown. Then police moved in. They arrested 187 adults, eight juveniles. They were loaded onto school buses and taken away.

So far, this protest just beginning. This is happening during the daytime. I can see pregnant moms, a lot of families here, and a variety of ages as they walk through Los Angeles - Fredricka?

[13:49:08]WHITFIELD: Kyung, thank you so much. Keep us posted there from Los Angeles. Appreciate that.

So, it's just not New York and Los Angeles. Protesters are also gathering and marching through Chicago. We'll continue to monitor this story and the organized protests there.

Stay with us.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back. I'm Fredricka Whitfield, in Washington.

Repealing and replacing Obamacare was one of the rallying cries when Donald Trump was campaigning. Now that he is president-elect, there are questions of whether he is opening himself up to a compromise.

Here is CNNs Sara Murray.

BVGT SARA MURRAY, CNN CORERSPONDENT (voice-over): After his full-throated campaign calls to repeal President Obama's signature health care law --

TRUMP: Real change begins with immediately repealing and replacing Obamacare.

(CHEERING)

Reporter1: -- now it appears Donald Trump may be willing to strike a deal. Trump telling the "Wall Street Journal" after meeting with the president on Thursday -

TRUMP: Thank you very much, President Obama.

MURRAY: -- he's open to preserving portions of Obamacare like a provision that prevents insurers from denying coverage because of pre- existing conditions and allowing children on policies until they are 26.

Now the president-elect tells the "Wall Street Journal," he wants to move quickly on it and either it will be amended or repealed and replaced.

The latest look at Trump's priorities come as he turns to his V.P., Mike Pence, to take the lead on transition planning, a role previously held by New Jersey Governor Chris Christie. As Trump hunkered down in New York to map out a Trump White House, palace intrigue in Washington was running wild.

TRUMP: I tell you, Reince is really a star. He is the hardest working guy.

Reporter1: Among the leading candidates for chief of staff, Reince Priebus, the Republican National Committee chairman, who has strong ties to Capitol Hill, and buoyed Trump's successful presidential bid with the GOPs data and ground operation.

REINCE PRIEBUS, CHAIRMAN, REPUBLICAN NATIONAL COMMITTEE: Ladies and gentlemen, the next president of the United States, Donald Trump!

(CHEERING)

Reporter1: But filling the role is already sparking friction among Trump's team. Priebus is the favorite among some in Trump's inner circle. But his Washington insider status is being weighed against a more unorthodox option, Steve Bannon. He served as the Trump campaign's CEO, briefly pulling back from his role as the head of right wing website, "Breitbart." But his tenure would make him a contentious pick and provide fodder for liberals already defying a Trump presidency. Outgoing Senate minority leader, Harry Reid, declared, "The election of Donald Trump has emboldened the forces of hate and bigotry in America."

(END VIDEOTAPE)

[13:25:31] WHITFIELD: That was Sara Murray reporting.

We continue to watch protests unfolding, anti-Trump protests unfolding. Live pictures in Los Angeles as many gathered there. We'll continue to monitor events there from Los Angeles to New York.

We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back. Live pictures now of the White House where President Obama and the first family are wrapping up their eight-year stay and where, in two months, President-elect Donald Trump will be moving in.

Hello, everyone. This is CNN NEWSROOM. I'm Fredricka Whitfield. This is our special coverage, live from the nation's capital.

President-elect Donald Trump is faced with the daunting task of choosing his cabinet. It's dominating today's front pages of "The New York Times." And among the names for the top jobs, many of the advisers and surrogates we saw during the Trump campaign, many are in top consideration.

I want to bring back Matt Lewis and Lynn Sweet.

Good to see both of you.

All of this, as you see, is dominating the cover of the "L.A. Times," "The Chicago-Sun Times," "The Washington Post," "The New York Times," all in the midst of seeing these protests, anti-Trump protests sweeping across the nation.

[13:30:00] Before we talked about this potential cabinet, what must it feel like for a Donald Trump, inside Trump Tower in New York, with his transition team, and outside thousands of people are gathering protesting?

LEWIS: Well, I mean, do you have to go back to Lincoln to find an example of a president taking over that kind of turmoil based on their election. It's got to be difficult. There's always the fact, that, I guess, Trump a lot of transition staff off that and on the campaign. They are behind the curve when it comes to getting up to speed. There are thousands of bureaucrats, governmental positions that need to be filled. It's important. It's going to be a lot of work.

WHITFIELD: How might the tension that we Are seeing unfolding in the protest, how might that influence his selection of Cabinet members? We are hearing the name of Reince Priebus for chief of Staff. Chris Christie was leading the transition team but now it's the vice- president-elect, Mike Pence, doing that. We are hearing names like Rudy Giuliani as well. The decision making of a Donald Trump for transition team?

SWEET: I don't know if they are Going to be hearing it or not, actually. Maybe if there's enough protest Outside his properties, it will make an impact on the kids. This is difficult because There's no experience any can Rely on. You have to write about government in transition. You don't want to pretend this is a normal situation. You have a candidate who has said and done the things he did in his campaign. I don't think we can forget it. He won fair and square, but you cannot forget about what he said with his attacks on minorities and other groups in the United States. It doesn't wipe it out.

WHITFIELD: Even if he says in his speech, we'll win, win, win? Even if he says we will be unified, I will get us there?

SWEET: Another quick point, by this point, if President-elect Barack Obama already had a press conference in Chicago. To show how far behind they are, there isn't -- if there is a presidential inaugural committee, I don't know it. If there is a whole apparatus for the transition, more than names out there, we don't know it. They have a very small campaign staff. This must be overwhelming just to understand that the White House will be empty when they walk in. They have to have their own people there. It's not a matter -- yes, I know the groundskeepers are the National Park Service. They don't have people in a big campaign. They don't have people --

(CROSSTALK)

WHITFIELD: -- alienated himself by saying, you know, Washington is not necessarily draining the swamp. He's now swimming in the swamp or however you put it.

SWEET: If you are looking forward, are we going to hear from the President-elect? More than a tweet?

WHITFIELD: Matt, do you think we need to Hear from president-elect on These issues beyond a tweet?

LEWIS: Yeah, I think he's actually doing -- the infrastructure, the logistical part is going to be daunting and he is behind the curve. In terms of public relations, I think he's done a fabulous job. Everyone has responded responsibly, from President Obama and Hillary Clinton to President-elect Trump.

WHITFIELD: Fabulous job by way of his remarks after meeting with President Obama and in his tweet this morning?

LEWIS: I think he's really projected a much more statesman-like image than during the campaign. It makes me optimistic going Forward. Again, there are going to be people who are highly qualified, helping him out. Mike Pence is going to be in charge of the transition, a guy most people think is competent and qualified. It's a daunting task. I don't think it's time to panic right now.

WHITFIELD: Should he take advantage of these 60-some days to address the nation as it pertains to unrest that is unfolding in direct correlation with language he used on the campaign Trail? I mean memories are not that short. People recall, you know, they are using, you know, placards and talking build the wall and people are making reference to repealing and replacing Obamacare? Doesn't he have to stand-up in Front of a microphone in front of cameras? (CROSSTALK)

LEWIS: Yeah, I think he needs to get out.

WHITFIELD: -- and explain how to help unify?

LEWIS: I think it would be a mistake to call and apologize for things He said, but I think he needs to demonstrate going forward that He is a kinder, gentler Donald Trump. I think he's off to a good start on that. I have been very impressed. As someone skeptical of Donald Trump, from the right, I have been sort of pleasantly surprised by the last Couple days.

WHITFIELD: OK --

SWEET: With the exception of the tweet he had where he said the protesters were paid. You don't want a president starting up unnecessary controversy.

[13:35:12] WHITFIELD: Take the iPhone away?

LEWIS: Yes.

WHITFIELD: Or whatever it is?

(CROSSTALK)

(LAUGHTER)

WHITFIELD: Matt, Lynn, thank you so Much. Appreciate that.

LEWIS: Thank you.

SWEET: Thank you.

WHITFIELD: Well, Republican House Leader Paul Ryan will be talking about the president-elect's transition in an exclusive interview with Jake Tapper tomorrow on "State of the Union". He will -- meaning Jake -- will talk to Trump adviser, former New York Mayor Rudy Giuliani. That's tomorrow, 9:00 a.m., here on CNN.

We'll be right back.

(COMMERCIAL BREAK)

WHITFIELD: This just in now. Days after the election, and days after a devastating defeat for the Democratic nominee, Hillary Clinton, she told her donors in a conference call that FBI Director James Comey, those letters delivered a, quote, "double whammy" in the final days of her campaign.

CNN's Jeff Zeleny is joining us with details on this.

Explain this call, the premise of it and what she was trying to Achieve. [13:39:52] JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT (voice-

over): Fredricka, Hillary Clinton in a conference call with members of The finance committee of the campaign, she tried to explain the loss and she really pinned most of the blame on the FBI involvement in the final two weeks of the campaign. The first letter, from the FBI Director, on October 28th, which said he was taking another look at the e-mails in her -- you know, from the e-mail controversy about her private server. She said perhaps more damaging was the second letter released the Sunday before election day saying he hadn't found anything. She said the first letter stopped her momentum after the three debates and the "Access Hollywood" tape of Donald Trump and the second letter fired up Trump supporters, pinning some of the blame on the letters. At the end of the day, they could see their numbers fall during that period. The context of this is she was trying to urge her donors to stay active, stay involved. In a call last night to other supporters, she said, look, I don't want to sugar coat my defeat here. Not placing all the blame on this, but pinning some of the fallout on the letter from the FBI director.

WHITFIELD: This was a call today, that call to her staffers last night, it was a different kind of message. Her message last night to her staffers was to thank them and their commitment, and to the donors, in part, explanation of what went wrong in the campaign?

ZELENY: Exactly. This is what the high command of her campaign has been saying. In calls earlier, John podesta, the chairman, said the letter from the FBI director on that Friday, October 28th, as she was flying out to campaign in Iowa, trying to win over supporters really stopped the surge she was seeing. And, again, interestingly, Fredricka, it was the second letter which you Would think the campaign would Have been happy about at the time because it essentially Said, look, there's nothing to see here. In real time, they were happy About it. She was flying to Cleveland, Ohio. I was with her at this rally and Her staff, of course, was happy About it. She said, they believe it fired Up Trump supporters.

WHITFIELD: Oh.

ZELENY: This isn't necessarily something Unusual in this case. There's always finger pointing and circling of the wagon here. It's interesting to hear from Her. We should say the e-mail controversy started with her own decision back in January of 2009 to even have a private e-mail Server. That, of course, is important context as well here as we sort Through what was a stunning defeat for Hillary Clinton.

WHITFIELD: And she did say a while back that, you know, if she were to do it all over again, she would have done things differently.

Jeff, thank you so much.

Meantime, we are monitoring A fourth day now of anti-Trump protests happening across the country. Live pictures now of rallies and thousands of people who turned out in New York and many of them Culminating outside Trump Tower on Fifth Avenue. Protests are going on right now in Los Angeles. We'll take you to both locations When we come right back.

(BEGIN VIDEOTAPE)

UNIDENTIFIED CNN CORRESPONDENT (VO): Dolly Parton is one of the most award-winning female country singers of all time with a chart-topping career spanning six decades. Music isn't her only passion. She's a big advocate for literacy.

DOLLY PARTON, SINGER: You can't afford to go to school. If you can read, you can educate yourself. There's a book about everything.

UNIDENTIFIED CNN CORRESPONDENT: In 1995, she started the Imagination Library in honor of her father.

PARTON: My own father didn't go to school. He couldn't read and write. It bothered him a lot.

UNIDENTIFIED CNN CORRESPONDENT: According to a U.S. Education Department survey, 32 million adults can't read. Parton's Imagination Library strives to lower that number providing new, free books every month to pre-school aged children.

PARTON: My dad was so proud when the kids would get the books. He was prouder of that than my great success in showbiz.

UNIDENTIFIED CNN CORRESPONDENT: The charity gave out $80 million books in the U.S, U.K., Canada and Australia.

[13:45:34] PARTON: What could be better than reading?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: All right, welcome back. In Ohio, a mistrial has been declared in the case of a white police officer who fatally shot an African-American man. Ray Tensing shot Samuel Dubose during a traffic stop in July of last year, in an incident captured on his body cam. The officer was charged with murder, but a jury could not come to a decision on the case. Tensing testified that he shot at Dubose after he dragged the officer by the left arm. Prosecutors disputed that claim. Today, prosecutors say they will decide in a few weeks whether or not to re-try the case.

All right, Donald Trump made a lot of promises during the campaign, but one in particular was jolting.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT-ELECT OF THE UNITED STATES: If I win, I am going to instruct my attorney general to get a special prosecutor to look into your situation. Because there has never been so many lies, so much deception. There has never been anything like it. We're going to have a special prosecutor.

(END VIDEO CLIP) WHITFIELD: Since clinching the presidency, Trump has not addressed whether he will, in fact, try to prosecute Hillary Clinton.

Let's bring in our legal guys, Avery freedman, a civil rights attorney and law professor in Cleveland.

Good to see you.

AVERY FREEMAN, CIVIL RIGHTS ATTORNEY & LAW PROCESSOR: Hi.

[13:50:06]WHITFIELD: Richard Herman, New York criminal defense attorney and law professor, joining us from Las Vegas.

Good to see you as well.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY & LAW PROFESSOR: Hi, Fred.

WHITFIELD: It has been too long since the three of us have been together. Let's maximize the moment.

(CROSSTALK)

(LAUGHTER)

WHITFIELD: OK, so the president elect, Donald Trump, if he indeed goes after Clinton, can he, Richard, do it through his attorney General and point a special Prosecute, despite the fact that Jim Comey said the investigation Is over?

HERMAN: Well, Fred, couple of things. Let's just step back for a Second. Donald Trump is a New Yorker his Entire life, basically a Democratic his entire life. He filled the campaigns with a Lot of rhetoric and a lot of scary language. But at the end of the day, as You see now, 15-minute meeting - Turn would into 90 minutes with President Obama, now he is not Going to repeal all of Obamacare. Now, maybe not going to build a Whole wall or partial wall. We're not sure.

(CROSSTALK)

AVERY: What's the answer, though? What's the answer?

HERMAN: During the campaign, we heard over and over again, lock her up. I don't think Donald Trump wants Hillary Clinton prosecuted. However, if he appoints an attorney general, like Rudy Giuliani, who has stated unequivocally he will prosecute Hillary Clinton and others, perhaps Bill, Chelsea, podesta --

(CROSSTALK)

AVERY: All right.

HERMAN: If that happens, she has got to get a pardon from President Obama.

WHITFIELD: Can you do that, preemptively? Get a pardon -- (CROSSTALK)

HERMAN: Sure, you can.

WHITFIELD: Yes, OK. Avery, so Rudy Giuliani, if he is nominated as the attorney general, his name has been floated around, and he did also underscore he would pursue this, did he already compromise Himself, though by saying what he would do in terms of an outcome in if there were an investigation?

FREEMAN: He sure did. I thought about this a little bit more deeply than the talking points because we were going through legal analysis of the facts. I realized, given his preconception, given his partisanship, given the sort of ill-tempered remarks, Rudy Giuliani could never be confirmed by the United States Senate, even with 52 senators. The fact is that even in the Senate right now, on top of the Fact he would never get any of the 47 senators in order to have A nomination by Donald Trump confirmed, it could never Happen. Because many of these, not many, but some of them are former federal prosecutors. There is no way that Rudy Giuliani could ever meet the ethical obligations. This isn't a popular election. You need the confirmation, advice and consent of the Senate. So, I think what's going to be very telling Fred, is watch tomorrow when Rudy Giuliani goes with Jake Tapper, and that show is Going to be fascinating.

(LAUGHTER)

(CROSSTALK)

FREEMAN: Are we going to see the short tempered, or are we going to see a brand-new guy? That impacts what Donald Trump will do.

WHITFIELD: OK, so if it is not Rudy Giuliani who we're nominating, Richard, an attorney General, is it realistic to think that one could pursue prosecuting Hillary Clinton, even though the FBI Comey has Weighed in?

HERMAN: Fred, your earlier question --

(CROSSTALK)

WHITFIELD: He would still, conceivably have that job, Comey.

HERMAN: Yes. Question, can president -- can President Trump -- I couldn't even say it -- can he direct a special prosecutor? The answer to that is no. But can the attorney general, whoever the new attorney general is, appoint a special prosecutor or himself prosecute --

WHITFIELD: By the urging of a president, Uh-huh.

HERMAN: The answer to that is yes, Fred, yes. The areas that -- Giuliani said there are 15 crimes he thought he saw. There are a couple of areas that are a little sensitive, and use of the private e- mail server, that's an issue, Fred, definitely, an issue. Ala, Martha Stewart, giving false testimony and false statements to federal officials, that's also problematic. When you have a subpoena to turn over records and the records are somehow destroyed under you or people in your control, that's a problem, Fred.

And then the Clinton Foundation, I don't know what's going on there. But potentially, potentially, that's a problem.

The bottom line here, it is crystal clear, just like Gerald Ford, President Obama must issue a pardon, so this country can move forward.

WHITFIELD: OK, Avery, you get two seconds to reply.

FREEMAN: I don't mind. No need for a pardon. There isn't going to be a prosecution. Case is resolved. Nothing is going to happen.

WHITFIELD: All right, time is up.

You all are amazing.

Thank you so much. Avery, Richard. Glad to be back together again.

We'll be right back.

HERMAN: We missed you.

[13:55:08] WHITFIELD: I missed you.

All right, bye-bye.

(CROSSTALK)

WHITFIELD: We'll be back.

(COMMERCIAL BREAK)

WHITFIELD: All right, welcome back. So, voting is underway for the "CNN Hero" of the year 2016. Meet Harry Schwimmer (ph).

(BEGIN VIDEO CLIP)

HARRY SCDHWIMMER (ph), CNN HERO: My hero is the Equine Assisted Therapeutic Riding Program. And I'm Lucky to be able to do that. I'm a lucky man to be able to do that.

I met a little girl, nonverbal, deaf, wondered what she would be Like on a horse. I said to the grandmother, how About if we bring her out to the Farm. Let me see what she would do on a Horse. I brought her out and put her on pony and lit up like a candle. I said this is what I wanted to do.

These children come to me with all kinds of disabilities, verbal and nonverbal. They gain so much from doing something that other children don't do. They can do.

When the children are on a Horse, you can't tell they're disabled. They ride like anybody else.

These children come to me every day with open arms and I Love every one of them. This is their farm as much as it is mine.

UNIDENTIFIED GIRL: (INAUDIBLE)

SCHWIMMER (ph): And I love you, too.

(END VIDEO CLIP)