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Trump Chief Of Staff Decision "Imminent"; Trump Asks To Delay Trial Until After Inauguration; Clinton: Campaign Couldn't "Overcome" FBI Letters; Dozens Protest Mistrial In Officer Shooting Case; Sting Reopens Bataclan Theater With Concert; "Saturday Night Live's" Take On SCOTUS; CNN Hero Georgie Smith of A Sense of Home; Melania Trump's Path To First Lady. Aired 6-7a ET

Aired November 13, 2016 - 06:00   ET



[06:00:03] CHRISTI PAUL, CNN ANCHOR: Well, good morning to you. Happy Sunday. I'm Christi Paul.

VICTOR BLACKWELL, CNN ANCHOR: I'm Victor Blackwell. NEW DAY starts right now.

Well, this morning President-elect Donald Trump is on the verge of selecting a crucial member of his White House team, and we're also getting new details on when to expect Trump's pick for chief of staff.

PAUL: And we're following a weekend of nationwide protests against the president-elect from Trump Tower in New York to Los Angeles. Tens of thousands of demonstrators clogging the streets in major cities and venting their anger about Donald Trump.


PAUL: You're looking at what happened overnight in Las Vegas there. Protestors marching from the strip to the steps to the Trump International Hotel.

BLACKWELL: The protest stayed mostly peaceful, but there was some violence. Police in riot gear here, they've been out in full force several arrests have been reported overnight.

PAUL: In the meantime, people are already organizing what's being called a women's march on Washington to happen the day after Donald Trump's inauguration. About 52,000 people say they are participating.

This is what they are saying on the event's Facebook page. The organizers tell CNN that the march is not so much a protest against Trump it is to shed light on sexual assault and discrimination.

BLACKWELL: Also new this morning, lawyers for Donald Trump have asked a federal judge to postpone this month's Trump University trial until after the inauguration. This new motion filed late Saturday. His lawyers argued that preparing to testify will take away from Trump's critical and all-consuming presidential transition work. A federal class action lawsuit over alleged fraud at Trump University had already been rescheduled to begin on November 28th to avoid the presidential campaign. We'll have more on this in a moment.

PAUL: Donald Trump's transition is about to take another step forward so as the say the first key role, chief of staff, could be announced as soon as tomorrow. Among the top candidate, RNC Chair Reince Priebus and Campaign CEO and executive chairman of the outright conservative news site, Breitbart, Steve Bannon.

BLACKWELL: Here's what Trump's transition adviser, Kellyanne Conway, said yesterday about the timing of that announcement.


UNIDENTIFIED MALE: Do you have a sense of a timetable for chief of staff?


UNIDENTIFIED MALE: We saw Reince earlier, would he be the one do you expect?

CONWAY: I think Chairman Priebus has expressed interest in the position. There are several people being considered and it is Mr. Trump's decision ultimately.


BLACKWELL: All right, let's bring in CNN political reporter, Eugene Scott and CNN political commentator, Errol Louis. Good morning to you both.

Let's start with this announcement, Errol, and the tone it will set for the Trump administration.

ERROL LOUIS, CNN POLITICAL COMMENTATOR: Well, you've got an interesting question. This is somebody who campaigned long and hard over the last 15 months on draining the swamp, getting rid of the insiders, challenging the establishment and so forth.

Who he picks and what that person represents will be key. If he brings in somebody from inside government or long experience in government, which is what I will expect, it will signal as much as you campaign against the establishment, once you are sitting in the oval office, you are the establishment.

BLACKWELL: Yes. There's already being some push back from leaders of the Tea Party, saying that any Washington insiders should be barred from being the chief of staff after Trump's claim of draining the swamp.

Let's move to the Trump University lawsuit, Eugene, and go to this request from Trump's lawyers. We have a portion of the motion submitted and it reads, "That now that the election is over, we submit that the president-elect should not be required to stand trial during the next two months while he prepares to assume the presidency.

The time and attention to prepare and testify will take him away from imperative transition work at a critical time." We'll talk about the legal element of this.

But let's talk about the political in this conversation and what it would mean to have this president-elect be involved, I mean, deposed during this transition period.

EUGENE SCOTT, CNN POLITICS REPORTER: Well, optics of it would problematic. I mean, it would confirm what many who voted against Donald Trump thought was one of the many problems with him. It's expected that the lawyers for the students who are suing Trump University are going to push back on these lawyers who are asking for this trial to be delayed.

But it would certainly would bring attention to issues that the Trump campaign is hoping not to address right now. They really want to focus on getting in the White House not responding to lawsuits.

[06:05:03]BLACKWELL: Guys in the control room, let's ready up that Donald Trump sound bite from May. This is Donald Trump during the campaign in San Diego talking about the Trump University case and suggesting what he will be doing and where he will be in November. Watch.


DONALD TRUMP, U.S. PRESIDENT-ELECT: When the case started originally, I said, how can I settle when I have a review like this? Every review is good. I should have settled but I'm glad I didn't. So I'll be seeing you in November.


BLACKWELL: Trump in his own words there, Errol. I will see you in November.

LOUIS: Yes, well, I mean, look. There's something that his lawyers are doing that seems kind of obvious and pretty transparent. He was too busy doing the campaign to attend to this. He's too busy now doing the transition so that's vital so he can't respond in court.

Once he becomes president of the United States and has all kinds of genuine legitimate national security and other pressing needs on his plate, that will be another excuse.

The thing about all of that is, Victor, we've sort of been down this road before, at least partially as far as legal precedent goes. When President Bill Clinton was a party to a lawsuit, it went all the way to the Supreme Court and it's clear that he could be sued by Paula Jones and, indeed, he was. And he was deposed and he lied during that deposition. That set the ball rolling towards his impeachment. So presidents are not immune from legal action just because they're in office although we can expect him to delay for as long as possible.

BLACKWELL: Eugene, the judge in this case has suggested Donald Trump settle he's not known as a settler in his words. And he had enough time to fly to Scotland to open a golf resort there, enough time to clip the ribbon at his hotel in Washington, D.C.

SCOTT: Yes, it's not very surprising that Donald Trump did not settle. He is a fighter. He campaigned on being a fighter. He also promised to sue "The New York Times" within the last couple of months and sue all of the women who suggested that he sexually assaulted him.

As of right now it's not a surprise that we have that clip showing that he want fight for this. I wonder now what the campaign is wishing they would done if they could go back.

BLACKWELL: All right, Eugene and Errol, thanks so much.

All right, Nigel Farage met with Donald Trump, becoming the first British politician to do so. Trump's campaign manager, Kellyanne Conway, said they talked about freedom and winning. Farage is the head of the U.K. Independence Party and was the leader of the Brexit movement.

PAUL: He tweeted this picture after that meeting adding, quote, "This is a man with whom we can do business," unquote. Listen to what he told CNN's Richard Quest.


NIGEL FARAGE, U.K. INDEPENDENCE PARTY: I think the big battle of 2016 that has come to a head are the debates. What's happening in 2016 is we've seen two events. We've seen the Brexit event and now this huge event of Trump winning the presidential election.

And really what it's all about is do you believe in nation state democracy or are you happy with bigger, supernatural forms of government where decisions get taken elsewhere.

I believe in controlling the borders. I believe we got to confront the threat of Islamic terrorism, and President-elect Trump believes in very much the same thing.


PAUL: Now a Trump aide called Trump and Farage's meeting productive. "Saturday Night Live" took a really different tone than much of what we've seen thus far. They weighed on the elections again. The anti- Trump riots that have rocked some part of the country specifically. Look at this.

(BEGIN VIDEO CLIP) UNIDENTIFIED MALE: Watch the white riot in Portland, Oregon, on television the other night. Women said they did a million dollars damage. Every black person is watching that like, amateurs.


BLACKWELL: Last night there were a few Trump jokes. No appearance by Alec Baldwin who, as you know, played him during the campaign.

All right, coming up, Hillary Clinton reveals to her donors one thing that her campaign could not, quote, "overcome" and it had nothing to do with Donald Trump.

PAUL: Also, Donald Trump will get to pick the next Supreme Court judge when he becomes president. His choice will impact (inaudible) decisions for decades. We're going to talk about the power this president has in that regard.

BLACKWELL: Also the protest in Ohio not over the presidential election, but a hung jury in a police officer shooting case.


UNIDENTIFIED FEMALE: This was the opportunity for them to change the pace in the course of history and holding these cops accountable. And so far they dropped the ball.




BLACKWELL: It's 13 minutes after the hour now. Hillary Clinton is placing some blame for her crushing defeat on FBI Director James Comey. That's according to a Democrat on the call she had to donors.

PAUL: The person detailed that Hillary Clinton said the effect of Comey's two letters sent days before Election Day were just too much to, quote, "overcome." On October 28th, Comey wrote to lawmakers, remember, revealing another review of newly found e-mails linked to Clinton's use of a private e-mail server. And then nine days later, he sent another letter that says the review found nothing.

BLACKWELL: But some of her supporters even point out that Clinton is far from blameless here. One Democratic strategist tweeted and this is a quote here, "If there had been no private server in the first place, there would not have been an FBI investigation."

PAUL: All right, CNN politics reporter, Eugene Scott, with us now and CNN political commentator, Errol Louis. He's also a political anchor for Time Warner Cable News.

Let's get right to that. Is that other Democratic strategist right, it was the fact that there was a server at all, that perhaps did her in, Errol? LOUIS: Yes, sure. I mean, there's certainly that. The other thing that strategists are in fact talking about is that there were many unassisted errors that were committed by the campaign, such as not visiting Wisconsin after she got the Democratic nomination.

Such as focusing on Trump character and fitness question without putting forward a positive vision of economic change. I mean, there were many, many mistakes.

[06:15:03]To name simply the Comey letter, which as far as the strategist, and I think even frankly the polls bear this out, really was, you know, kind of a push in the direction she was already going.

She's already tumbling down the stairs. Arguably, the Comey letter gave her an extra little push, but she was already setting herself up for some serious problems on Election Day.

PAUL: Eugene, I'm going to get to you in a minute, but Errol, I want to know how much do you think the deplorables line came into play here?

LOUIS: You know, there again, I think it's more of sort of a metaphor than a cause. You know, I mean, it's certainly sort of highlighted and spotlighted the antagonism she had with what had been an important part of the Democratic base under her own husband's administration, which is the white working class men.

I mean, that -- you know, she called them deplorable, not that she wasn't going to campaign for them or with them or ask for their votes in Wisconsin and other places, but she thought many of them are deplorable.

PAUL: So Eugene, we know that this call lasted about half an hour, what else do we know was part of that conversation?

SCOTT: We know that there was some accountability beyond blaming things on Comey. They certainly believe that Comey's initial letter stopped the momentum. They certainly believed that the second letter energized Trump supporters.

But there was an acknowledgement that to Errol's point, Bill Clinton gave advice to the campaign that they really needed to reach out to many of the white working class voters that help elect him in '92, and that she failed to do that.

There was acknowledgment that there was just too much reliance and too much confidence in the Obama coalition to transition over to the Clinton coalition and some things were taken for granted.

There was far more accountability taken than some have reported, but they definitely do think Comey played a significant role in the defeat.

PAUL: Errol, what about the Clintons as a whole, how much did their history, their background, the whole argument that if you vote for the Clintons, you're bringing more scandal into the White House. How much might that have contributed as well collectively?

LOUIS: Well, yes, I don't know if it's quite virulent as far as the Clintons equal scandal. I do think those ads the Clintons equal the past. It's kind of inarguable I think at this point when you consider the fact that millenials now equal and in the very next election will exceed the number of baby boomers.

Well, Bill Clinton was a baby boomer. The Clintons are baby boomers. So time has shifted. The nation has moved on. The demographics don't favor a return to the past.

And you know, their fate in its own way of the Clintons really parallels that of the Bushes, who got absolutely nowhere even as they came in as the favorites at the start of the primary season. And Jeb Bush never really got off the ground.

SCOTT: I think to Errol's point also we saw that more than a third of millenials votes for Donald Trump. There were people who definitely wanted to move forward, wanted a change, did not have ideas about what the Clintons may have done positively in the past that they campaigned on very often, and wanted to see the country moving a new direction.

PAUL: So in other words, a lot of it also came down to at the end of the day most likely policy as well. Eugene Scott, Errol Louis, we appreciate both of your voices in this. Thank you.

BLACKWELL: All right, let's talk about this mistrial in the case of an officer in Cincinnati charged with shooting an unarmed man. Now protesters have taken to the streets, but will prosecutors try the case again?

PAUL: Plus, what a reopening act, rock icon, Sting's, emotional performance inside Bataclan Theatre one year after the deadly Paris terror attacks.




PAUL: The protest there in Cincinnati, I know we've been showing protest regarding Donald Trump, but this one was not along that venue. These are dozens of people upset over the decision in the trial of a former University of Cincinnati police officer who shot and killed an unarmed black driver during a traffic stop back in 2015.

A jury deadlocked on murder and voluntary manslaughter charges against Ray Tensing (ph), and that's what prompted a mistrial. The family of the man he shot, Samuel Dubose, say they're devastated.


CYNA DUBOSE-REED, DUBOSE'S DAUGHTER: You can look at my eyes right now (inaudible). My daddy is not coming back. It's my brothers and my sister, he left behind. To look in our eyes and you could tell me that you can't decide whether that was right or wrong, whether he was guilty or not.

MAYOR JOHN CRANLEY, CINCINATTI: This case is not over. I think we've learned throughout this process how deeply Prosecutor (inaudible) about case and what was right and what was wrong.


PAUL: Prosecutors say they now have to decide whether to retry that case and they will make that decision by November 28th.

BLACKWELL: In South Carolina, the man charged with killing nine black parishioners at a church in Charleston is undergoing a mental evaluation now. A federal court ruling now unsealed found Dylan Roof maybe suffering from mental issues, which could make him incompetent to stand trial.

Now his trial was postponed last week. A competency hearing is scheduled for Wednesday. You'll remember police say Roof shot and killed nine people during bible study at Emmanuel African Methodist Episcopal Church in June of 2015.

PAUL: Legendary rocker, Sting, reopened the Bataclan Theatre with a concert one year after the deadly Paris terror attack.


PAUL: Sting told the audience including survivors that they need not only to honor the dead, but to celebrate life and called for a minute of silence before he began the performance. Sting donated proceeds, by the way, from the show to two survivors' charities.

President Francois Hollande placed a plaque outside the Bataclan this morning. Here he is doing so. Ninety people died inside that theater, 130 total during those coordinated terror attacks across Paris last November.

BLACKWELL: President-elect Donald Trump's legal team trying to pump the breaks on his trial related to Trump University asking for a deal until after the inauguration. We'll have the details of their request next.

[06:25:12]PAUL: Also Donald Trump gets to make a very important soon after he's president, nominating a Supreme Court justice. A lot of questions surrounding this. We're back in a moment.


PAUL: It is good to have your company this morning. I'm Christi Paul.

BLACKWELL: Always good to be with you. I'm Victor Blackwell.

PAUL: We're watching a fifth day of protests across the country. Take a look.

(VIDEO CLIP) PAUL: That's in Portland there. Police in riot gear you see tried to control those crowds. At least 19 people have been arrested after some protestors became violent. Most other protests though were quite peaceful, including those in New York, Los Angeles, Baltimore, and Miami, but obviously very spread out.

BLACKWELL: President-elect Donald Trump says he has no plans to give up using Twitter, but he says that he'll just adjust his style.


[06:30:00] TRUMP: I'm going to do very restrained if I use it at all. I'm going to do very restrained. I find it tremendous.

I do believe this. I really believe that the fact that I have such power in terms of numbers with Facebook, Twitter, Instagram, et cetera, I think it helped me win.


PAUL: And we could be closing in on the name of a key player in the Trump White House.


QUESTION: Do you have any sense of the timetable of when a chief of staff will be announced?

KELLYANNE CONWAY, TRUMP CAMPAIGN MANAGER: It's imminent. No, but it's imminent.


PAUL: That was Trump's campaign manager Kellyanne Conway giving us an idea of when. I think in the next few days we're expecting an announcement. Former Breitbart publisher Steven Bannon and current RNC chairman Reince Priebus reportedly being considered for the role of chief of staff.

BLACKWELL: Well, the Trump team is trying to delay a lawsuit over Trump University filing paper work last night arguing that Trump is too busy transition to the White House to focus on the law suit and that the suit should continue sometime after the inauguration.

So we've discussed this from the political perspective. Let's discuss it now from a legal perspective. And to do that we have with us former U.S. attorney, Michael Moore.

Good morning to you, Michael.


BLACKWELL: So let's start here with the motion that was submitted and why the Trump team wants to delay this -- delay this I should say. Here is what they write. "Now that the election is over we submit that the president-elect should not be required to stand trial during the next two months while he prepares to assume the presidency. The time and attention to prepare and testify will take him away from imperative transition work at a critical time."

What is credibility of this argument that we should push this until he's president when I guess we assume his schedule will be a lot lighter?

MOORE: You know, I think probably they've lost credibility to even make the argument given how things ran in the campaign.

You remember he took some time out to open his hotel in D.C. I think he went and opened a golf course maybe overseas. And so I see what they're asking to do. They (ph) say (ph), let's delay it a little bit even though -- and the law is clear. I mean, he can be sued as a president. He can participate in the case, sued for actions that took place before he assumed office. So I really don't think they have much to stand on. And I certainly wouldn't want to be back in front of Judge Curiel asking for a little mercy after the way Trump talked about him during the campaign.

BLACKWELL: Do you expect that this will be delayed or he'll have to press forward this month?

MOORE: You know, I really think they'll probably press forward.

I agree with you that I think that once he assumes the office that his schedule and his duties become even more difficult to navigate.


MOORE: So I think the judge will probably push it all through it.

BLACKWELL: All right. Let's talk about what Trump himself said. This was in May in San Diego. Again we looked at this from a political perspective. Let's look at it now from a legal one.

Let's play it.


TRUMP: When the case started originally I said, how can I settle when I have a review like this -- every review is good. Now I should have settled but I'm glad I didn't so I'll be seeing you in November.


BLACKWELL: Well, as we know, it's now November. And he said that he should have settled but he didn't.

Donald Trump is facing 75 lawsuits. And Judge Curiel said in this case, it would be wise to settle. I can't imagine that any legal team for Donald Trump would suggest that he not settle these cases and he's dragged into court month after month as a sitting president. MOORE: Yes. I really think probably the best advice you can give him will be to settle his cases. But he has made no (INAUDIBLE) about the fact that he's willing to continue on. I mean, he made a speech saying he's willing to suit the accusers.


So he's not afraid of the lawsuit but I don't think he wants the president or the president-elect sitting in depositions and discovering and giving testimony over and over again in a case. They probably said that he ought to look at settling.

BLACKWELL: All right. Michael Moore, thank you so much. And we want you to stay with us during the break because we're going to continue this conversation.

PAUL: Yes. One of Donald Trump's first duties of course once he becomes president will be to choose a Supreme Court justice. This is a decision that will make an impact for decades to come. We'll talk about that.

Also, one thing is for sure. Melania Trump will be very different than most former first ladies in many different ways. Would Jackie O -- what would Jackie O say about her? We're going to talk to the expert behind this book "First Women, The Grace and Power of America's First Ladies."



PAUL: Well, "Saturday Night Live" gave its own take on several very serious political issues including weighing in on the Supreme Court vacancy that president-elect Donald Trump will now have to fill and how that may affect the other Supreme Court justices. Take a look.


KATE MCKINNON AS JUSTICE RUTH BADER GINSBURG: I'm going to sit down now. You can't get rid of me.

COLIN JOST, ACTOR: But Justice Ginsburg, everyone expected you to retire soon. I mean, you're 83.

MCKINNON: Yes. You're damn right I was going retire. Clinton was going to win. I was going straight to the Dominican Republic. Even the last time I was there they thought I was a Zika mosquito.

But not now. Not now. Now I've got to stay alive and healthy, damn it. Give me my thing. Excuse me. I'm going to take my vitamin.

JOST: Yes. Oh, my God.


PAUL: Is there any role she can't play? BLACKWELL: Oh she is good. Kate McKinnon is great.

PAUL: Yes.

BLACKWELL: You know, we laugh at that sketch but of course the Supreme Court really no laughing matter. This appointment very serious. A serious matter for Democrats and Republicans.

President-elect Trump choose a very conservative judge to fill the seat left vacant by Justice Antonin Scalia. A choice they feel President Obama should had to make or made starting with and the appointment could have repercussions for decades.

PAUL: Yes. Take a look at Trump's short list of 11 potential candidates here. Later Trump added Asian, Hispanic and African- American judges to the list as well.

But let's bring in Errol Lewis, CNN's political commentator and political anchor for Time Warner Cable News, and Michael Moore, former U.S. attorney for the middle district of Georgia. Thank you all so much for being with us.

Michael, I want to start with you. Let's get to that point that really SNL was making in some regard. Ruth Bader Ginsburg is 83 years old. You've got Anthony Kennedy who's 80. You've got Stephen Breyer who is 78. How possible is it that in a four-year term he may appoint more than one?

MOORE: You know, I think there's a likelihood in that. I think there will be a lot of people praying that Justice Ginsburg stays healthy. He knows we get through the four years but it's clearly likely he could end up with four appointments. But you may have some of the justices who on the liberal side delaying retirement plans and things like that to see how things go through the first term and to see if there's a second term.


I think that's the great (ph) (INAUDIBLE).

BLACKWELL: Errol, let me come to you because from this list, these baseball cards we call them here, of the potential next justices, we see that these are very conservative justices that have been signed off by the Heritage Foundation. But I heard something interesting from John Yoo who was the former deputy assistant attorney general under the George W. Bush administration first term who talked about who should be nominated first. I want you to listen to what he said.


JOHN YOO, DEPUTY ASSISTANT ATTORNEY GENERAL: If Trump really wanted to shore up his support amongst conservative constitutionalists (INAUDIBLE) if I were him I nominate a Supreme Court -- I would pick a Supreme Court nominee now. And if I were him, I would pick someone who would be easily confirmed.


BLACKWELL: Picking someone now before the inauguration, and he suggested Senator Mike Lee because senators are often easily confirmed. What do you make of that suggestion?

ERROL LOUIS, POLITICAL ANCHOR, TIME WARNER CABLE NEWS: I don't know if you get very much in the way of automatic confirmation status from the Senate just because he's a former colleague or a colleague. I don't know if that gets you very much at all as a matter of fact because -- just as you sort of know and have some collegial relationship with the senator, you might also have had some disagreements with them.

I think though, you know, we're probably getting ahead of ourselves a little bit because this first pick that Donald Trump makes, the president-elect selects somebody who's just as conservative as Antonin Scalia, and it's hard to imagine where or how you find such a person. That puts the court right where it was. And that's a court that approved Obamacare, that's a court that gave its blessing to same-sex marriage.

The court doesn't really start to shift until you start talking about that second appointment. I think that's going to be where the action really is.

PAUL: How much do you think Donald Trump is really going to try to appease the establishment here? Because he ran against them for one.


PAUL: And who might he be going to for advice on this? Who might be advising him?

MOORE: You know, I don't know how he'll ultimately decide who he's going to pick. But I do think he's going to go to some more conservative players in the party. I think he's listening to maybe to Jeff Sessions, senator from Alabama. And you know, Sessions is a great friend of Judge Pryor on 11th Circuit. So that's somebody he might get a nod from like that.

I think (INAUDIBLE) Heritage Foundation conservative think tanks and try to do that. I just don't think he can overstate the impact that the elections had on the court. You know, we talked about the presidency and that comes and goes. The (INAUDIBLE) one party another comes and goes. The Senate comes and goes in six years. The House comes and goes. Every two years you vote them out if you're not happy. The court is there.


PAUL: Yes.

MOORE: We're talking about cases like Roe v. Wade that's 40 years old. We talk about the Brady versus Maryland or Gideon (ph) v. Wainwright (ph). All of these cases that are decades old and they still apply today. So the impact that this election could have on the court is significant and the question will be how many in the long run does he get to appoint. I agree with Errol, that basically this first appointment it puts us back sort of where we were but you may also see some unique alliances and allegiances get born. That may be both on the court with Chief Justice Roberts, with some of the more liberal people. People like Kennedy as they make decisions.

It may also be in the Senate and in the House. I mean, you may see people, senators like Johnny Isakson (INAUDIBLE). He decided they got to be the gate keepers.

BLACKWELL: You know, it's interesting because you talk about the court is always there. We heard from several Republicans who had difficulty supporting Donald Trump and that was the reason that they were going to vote for the nominee that they did not name was because they were thinking the Supreme Court.

Quickly to you, Errol, I wanted to read to you something that came "Washington Post" editorial board about the nominee that is before the Senate right now who never got a hearing. That's Judge Merrick Garland who was nominated back in March of this year. And they write about their deciding to ignore Merrick Garland here.

"In addition to the personal injustice to Mr. Garland, the majority leader's ploy wrought harm to basic norms of democratic accountability. Those should have dictated respect for the majority will as expressed in the incumbency of Mr. Obama -- not anticipatory deference to whatever might happen in November."

The strategy worked obviously because now they're going to have a Republican president nominating the next justice. But was this an appropriate strategy? Was it dangerous? Was it both?

LOUIS: Well, it was a successful one somewhere down the line in a different configuration of the Senate. There will, I suspect, be some retribution or some recrimination about this. You know, it did harm and undermine two institutions, the court itself which has been hobbled by having only eight justices and the Senate by suggesting that this should be or could be a part of how they operate.


There were a number of senators who were saying they were willing to go another entire four years if Hillary Clinton had won without ever discharging this very basic duty of taking up their advising consent role when it comes to Supreme Court nominations.

BLACKWELL: All right.

PAUL: All right. Errol Louis, Michael Moore. Thank you both so much.

MOORE: Thanks. (INAUDIBLE) pleasure.

PAUL: Good to have you here. Melania Trump, a lot of people say a very different first lady than most that we've seen in many ways. But a lot of people -- she had said, if I am first lady ever in one particular interview...


PAUL: ... she wants to be like Jackie O. So what do you think Jackie O might have thought about her?

Our next guest Kate Andersen Brower may have a good answer for it. Stay close.



GEORGIE SMITH, FOUNDER, A SENSE OF HOME: My name is Georgie Smith and I started an organization in Los Angeles called A Sense of Home. And we create homes for foster-youths as they aged out of the system. So the kids that never got adopted who haven't got any family to help them with their first ever permanent living space. We come in with donated items and with volunteers completely furnish their home as a family would for any youth setting up their first home.

You know, they say, it takes a village to raise a child. I saw that we, the village, weren't doing what we should be doing for these children. And I needed to do something.

UNIDENTIFIED MALE: Wow. It's crazy. Oh, my god. It's so pretty.

SMITH: Everyone needs a home. The home lives inside of all of us. He's my Angelo (ph). He's so true. And this -- by coming to create someone else's home is filling a void in all of us.

UNIDENTIFIED FEMALE: This means the world to me. Thanks, everyone. Thank you.




PAUL: So with Donald Trump's win Melania Trump will become just the second first lady born outside the U.S., the first since Louisa Adams wife of John Quincy Adams in 1825. With that aside, Melania is much different than other wives of presidents.

She is a former model. She has posed nude in that career. Unlike other first ladies like Michelle Obama, Nancy Reagan, Jackie Kennedy Onassis she doesn't have experience being married to an elected official.

Kate Andersen Brower is with us now. She's the author of "First Women, the Grace and Power of America's Modern First Ladies." Kate, thank you so much for being with us. I want to play a clip here of Melania Trump in an interview here talking about what her goal would be as a first lady.


MELANIA TRUMP, WIFE OF DONALD TRUMP: They compare me to Jackie Kennedy. It's an honor but of course we are 21st century and I will be different and she had a great style and she did a lot of good stuff but this is a different time now.


PAUL: It's a different time now. She does say that she would like to be a traditional first lady.

And let's talk about the power that first lady has. Even JFK talked about it in a trip to Paris in June of 1961 where he said, I'm the man who accompanied Jacqueline Kennedy to Paris. It was a very famous line at the time because so much attention was on her as opposed to on the president. Talk to us about the power that is now in Melania Trump's hands.

KATE ANDERSON BROWER, AUTHOR, "FIRST WOMEN": Well, I mean, Melania Trump has an incredibly fairy tale life story. We have not seen a story like this in modern history.

She grew up in then communist Yugoslavia. She was born in 1970. She grew up in a concrete third floor apartment building. She did not have a very glamorous life until she embark on this modeling career, came to New York and then met Donald Trump. And so it is a fairy tale story for her.

And the powers really whatever she wants it to be. You know, when I interview first ladies, talk to chiefs of staff of first ladies, the underlying message I always got is the first lady gives you as much or as little as she wants. And it took Michelle Obama some time to find her footing. She went through several chiefs of staff before she figured it out what she wanted to do.

But one thing I think that's really important for Melania to do is to really protect her east wing staff. It come to be -- it came to be known as Guam in the Obama White House by some west wing staffers because they were so isolated and alienated from what was going on in the west wing. And it's important they're involved in phone calls, planning meetings so the president and first lady can work together and their schedules can complement each other. So I think she needs to have a very strong chief of staff.

PAUL: One of the things that she had said would be a cause that she wants to take up is combating cyber bullying. And I know that that was criticized by a lot of people because they said, have you seen your husband? They consider Donald Trump to be a bit of a bully.

How is she going to be able to balance? How would you advice her to balance what she wants to do with the criticisms that come along with that job and the man that she's married to?

BROWER: I think because like you said when you talk about the fact she hasn't been married to an elected official before.

PAUL: A new territory --


BROWER: Yes, new territory. I mean, maybe Eisenhower was the last first lady we had in that position and her husband ran the Allied Forces in World War II. So it's totally different.

She needs a strong staff because I don't know if she saw right away the charges of hypocrisy that would come up with that whole cyber bullying campaign that she's talking about. She needs to pick an apolitical subject. And it took Michelle Obama time to find the "Let's Move" campaign, the healthy eating campaign.

I don't know if cyber bullying is the thing she's going to stick with. The children's charities, doing something really innocuous that doesn't leave you open to too much criticism. But you have to develop really thick skin in this role. It's not an easy position to be in because you get a lot of criticism.

PAUL: Well and she's a model so I'm sure that there is some thick skin that has been developed already with her. So, Kate Andersen Brower, thank you so much for taking the time to talk to with us.

BROWER: Thank you.

PAUL: Appreciate it -- Victor.

BLACKWELL: All right. In its first post election episode "Saturday Night Live", they were a bit reflective on this episode. Watch.


MCKINNON (singing): Hallelujah, hallelujah...

BLACKWELL (voice-over): (INAUDIBLE) they need a direction.


MCKINNON: ... hallelujah, hallelujah.



PAUL: Well, the first post-election "Saturday Night Live" did not open with a joke or a spoof on the presidential election. Didn't even include Alec Baldwin playing Donald Trump.

BLACKWELL: Yes. Instead the mood was somber and reflective with a very serious Kate McKinnon singing. Watch.


MCKINNON (singing): I did my best, it wasn't much. I couldn't feel so I tried to touch I told the truth I didn't come to fool you. And even though it all went wrong I'll stand before the lord of song with nothing on my tongue but hallelujah, hallelujah.

I'm not giving up and neither should you. And live from New York it's Saturday night.


DAVE CHAPPELLE, COMEDIAN: Trump went to go see Obama last week, you see that? Yes. Did you see Trump's face when he came out of that meeting? Trump got sonned. He looked shook. Trump looked like he got shook.

Hi. How are you, Mr. President? Good to see you.

Hello, Donald. How are you feeling?

Oh, God. I got to tell you. This job looks like it's going to be a lot harder than I thought.

Really? It's not that hard. I mean, at least you get to be white while you're doing it.


PAUL: Comedian Dave Chappelle there. We have more "Saturday Night Live" next for you in the next hour I should say.


Because there was a lot to unpack there and they're so talented. And thank you. Want to thank you for starting your day with us because (ph) we're heading to the 7:00 hour here.

BLACKWELL: It starts right now.