Transcript for The Briefing Room: Trump talks Mueller probe, holidays underway at White House

And. That happy money to you welcome to the briefly remind Devin Dwyer ABC news in Washington great to have you with this we also have just official or White House producer here now he wrote in our senate producer with us today on. Some breaking news to kick off this holiday week the White House has just announced just coming in now. That they are dropping their effort to revoke the press pass of CNN White House correspondent Jim Acosta. If you follow this story created waves just a couple weeks ago when the White House. Moved to revoke his badge that allowed him to enter White House grounds on account of this incident you're seeing right here. With White House intern the president which they said violated White House to quorum. It went back and forth in federal court Jim Acosta received his badge back on Friday. And now the White House says they are backing down just in this is a pretty rare. Moment of. Absolutely calm they we sort of had suspicions that they continue to fight this with the Costa and the idea was that they were gonna create new rules of the Korman and hold him accountable to those rules for his -- past actions and then start all over with this process again removing it they've backed down which is which is good news for all press but I do think. It it sends a signal strongly that you know that that. Journalists like Costa have to be on their toes and and and a certain level of the arm as expect. NL east that's intensity of Reading the briefs in this case it was an emergency motion was filed by CNN did today with the judge they were headed toward yet another. Clash in court. It did seem know by many legal scholars that the White House response over the weekend didn't hold a lot of water. Well look the White House was arguing that the federal judge had imposed this temporary restraining order to restore original cost as credentials. Arguing that he wasn't caught making a point on the case of the First Amendment merit saying that there is an inherent First Amendment right. Should be in the press office he was simply saying that Jim Acosta was not afforded. His fifth amendment rights and of course the White House said that no this actually vindicated their argument that there is no inherent right. To the First Amendment but it sure seems that you know this federal judge send that. Look there's no need for an emergency injunction here there's no need to hold this hearing now we've got the holidays coming up so it didn't really see that there was the urgency. Required to push this power. And I don't think guys that this by any means the White House is backing down and it came with Gemma costs I think we will see new steps that they will take. Thank the president to see evidence that he could walk away exactly right doesn't like the questions from Jim Acosta as we know he does not like to walk away. I mean come on do we want to see or anything can if you got to play to that but major development just coming in now from the White House meanwhile the president. Had quite an interview over the weekend with Fox News FOX News Sunday Chris Wallace. The president making a number of headline chief among them. That he is now disinclined. He says to sit down with special counsel Robert Mueller and answer questions under oath that is a significant development after. Months many months of the president saying he was eager to answer. Any of the special concerts questions let's bring in our White House producer Jordan Phelps has been tracking the story. From the White House Jordan. Oddly this sort of perk to the ears of a lot of watchers that this is a major milestone. In this back and forth between the president and special counsel in this all happening as he's now brought in a new attorney general. Yet the president saying and that interviewed Evers knows there is news on a number of fronts saying that he thinks he's now dying. With a smaller crowd and witches course isn't changed. From what the president told our Jon Karl just last year when he sank he'd be willing to sit down with Meyer a 100%. President now saying probably not so much but the big headline I took wait for. From that interview was at the president indicated that he would make no app for. To stop the new acting attorney general should he decide to rein in the smaller pro. I which of course it is something that. All of the president's critics are watching closely will this acting attorney general who may argue. Doesn't have the proper authority to be an acquisition will he try to stop them are proud and the president making graduate sop up. Right that would occur in the acting AG saying many times support got the job that he would move to perhaps he would recommend restricting it Robert Mahler. The president says he's fine with that Jordan the other thing that was in that interview the president. Are reiterating he's answered a whole host of questions from Robert Mahler two dozen or by our reporting on a number of topics and he's ready to submit them. What are you hearing from the White House today about whether they had here are ready to submit have submitted. And what are in those questions. DeVon president says he's finished answering those questions he says they are easy to answer and fact. And we expect them to be submitted sometime this week bedding towels we hear from molesting that they have been in hand. Hi a it's not a done deal at this point. Doesn't this seems like. Quite as significant juncture in the investigation because of either signals I think that we're headed quickly towards conclusion there Bob Mueller. Takes the written answers says thank you served finishes the report or. If it's not enough for Bob Mahler we could be headed for a fight over subpoenas and if only we can talk to Bob Muller an outlet he wanted to. I mean the the idea that you you might gather is that okay we'll he takes the questions and then does some for further cross examination of those answers to find out if he's you know. Else's it with what he says is matching up woods. With what other people are saying particularly about things like that trump tower meeting in what he knew ahead of time. Tom and I just go back to you know win when he says he's not going to talk to you to Bob Mueller remember what Bob Woodward in this book. That Ty Cobb told. That you know type that was in the room of the presence and further up the president's attorney former attorney Wright said I can't stand with you what you do this you're not capable of doing it all those around him told him not to do it of course. He seems to be taking that advice now meanwhile he's gotten rid of his. Problematic attorney general Jeff Sessions problematic in his view hired Matt Whitaker somebody sees as an ally. Alley Rogen and now we have this constitutional challenge. That seems to be coming down the tracks here three senate Democrats today filed lawsuits in federal court alleging that this appointment. Is not constitutional break that don't yes. Right White House Blumenthal and rhino are filing a lawsuit. Saying that it the appointment of Matt Whitaker to this position he was someone who served as sessions chief of staff before being appointed to the top job. It falls flies in the face of the appointments act which requires. The line of succession to be honored especially in the case of when. An attorney general or another principal officers fired so the president has more discretion to appoint someone when that person resigns. And in this case even though sessions technically resigned I mean it was sort of been resignation under arrest and then residents probably went in and said. Hey Jeff Sessions let me get your resignation letter and that has how it was submitted so that's the basis under which the lawsuits coming and joining. Cells Elizabeth white her she's with the constitutional accountability center she's help wean. Bring the lawsuit with those three Democrats to hold the president accountable. And her roads Elizabeth thanks so much for being here on British inside literally deeper into the reasoning behind this in the White House is arguing. That the vacancies act permits. The president to a point make this temporary appointment it's been done they say a 160 times. Over history. And you that you are contending here in court documents that this is simply. Not constitutional. Absolutely. And thanks so much for having me on today. You can talk about which statute. Means what but what we know Berkshire is that the constitution. Is the supreme law of the land. And here the constitution's appointments clause is very clear. When the president wants to install a principal officer. And there's no question that the office of the attorney general. It's a principle as a principal officer it's that important was important law enforcement office of the land. That the president must get. And so what these senators are doing is to vindicate that crucial check and balance that's in the constitution. By saying you know the president. Put Matthew Whitaker in this position it appears because. He has views that match more worth what the president thinks about important issues like similar investigation. And this is a situation where the founders wanted the senate to weigh in Alexander Hamilton who wrote about. How the reason why the constitution requires senatorial advice and consent is precisely so. Presidents would not put people Lynn who would serve their personal interest. Rather than the public interest you know you to basically put Matthew Whitaker in a way Aegon is exactly what Alexander Hamilton is concerned about. But isn't it true here Elizabeth that that there has been precedent on a temporary basis for. Individuals to be put into these positions. It until such time that a formal nomination can be made is till such time the senate can provide that advice and consent. It did do you really really see in this case that it's unconstitutional in a temporary basis given all the precedent that's out there. I think you know first call their the president about strong the president's office of legal counsel tried to put out this justification for Whitaker. Just last week that was. And frankly rather flimsy. Ands you know you look acts. The fact that brought Rosen Steen who is senate confirms he's available to be the acting attorney general. And you know it's incredibly important that the senators. Get to look at Matthew Whitaker a lot has been raised unfortunately about his qualifications. About questionable legal views even beyond what he said about the Moeller investigation. And this is eight while the suit is being brought by three democratic senators right now. It isn't a partisan issue we've seen scholars from across the ideological Specter. Including John you're one of perhaps the most infamous lawyers in the Bush Administration. Saying that this is unconstitutional. Including Justice Thomas. Who has opined in another case that. Any time you have a principal officer. Even Indies situations where might be temporary. You have to get the advice and consent of the senate so I think that. You know this is a suit being brought by democratic senators to vindicate the checks and balances of the constitution. And but it isn't a political issue it's about. The constitution. And we will see where that goes Elizabeth Smart for the constitutional credibility senator thank you so much we also know that there's this ethic is suit guys. Brought by the state of Maryland as wells has been challenged in a couple of fronts and we'll see. The president appoints someone else in the meantime perhaps to get the process moving. In the bottom I think it hasn't been hasn't played out in Korea before so this question has yet to be answered by a judge will find out coming down the pike moving on today here in the briefing room. Some big news coming out of the house US house up on Capitol Hill. As they goes house Democrats search for their new leader begin that process Nancy Pelosi today. Is facing some opposition that just got very real sixteen Democrats have now signed a letter put their name. On paper coming out against her selection as the next speaker of the house this is significant. In that this is this these people who put their names that have been rumored for days are now on the record guys. And we can't say enough to speaker of the house is one of the most critical positions in this town Alley. In the line of succession she wants it badly she is dug in and yet her party. Is putting up quite sure. Yes she is defiant that she's going to be the next speaker of the house she's been inviting in fact other challenger saying the water's warm because she is so confident that she's going to win now this new letter. Sixteen Democrats one of them actually looks like he's going to lose his reelection bout so it's really fifties teen but Nancy hello it is still exactly the threshold needed. That that would denying heard the speakership on the house floor. When the entire house sits down on January 3 to elect the speaker she needs 218 votes. Which means right now she can was fifteen people they say that they are thankful to her they call Harry historic figure but they note that. Ed this recent election was about a message of change in that there there majority came on the backs of candidates who said they wouldn't support and leadership and in fact a lot of people. Explicitly ran against policies another saying we have to abide by that promise however of course a big question is. Who can read the Bible. Tantamount to challenging you don't have a challenger has had seen and heard and that had a leader to pick and don't forget what could save her. President trump said he would favor president transit it's all about the vote on the floor with with Republicans as well forgot that president says he'll give her. Public and both Republicans quit absolutely love if Nancy Pelosi was the speaker again and so I think that's the double edged sword people now. What an experienced legislator she is but she they also know what a lightning rod she and her republic. Why is he doing that and why is the president offering to dig pluggable report once a secret that Nancy Pelosi is approval rating in favorability rating in the public guy is extremely low at 17%. In the latest CNN Paul. Operated independence in particular don't like Nancy Pelosi she's become this lightning rod of opposition whether you lover or hater for writer for Iran that's what she is Donald Trump loves a foil and he wants her in the game especially he has torn torn he thinks that he can campaign against Nancy Pelosi and would be good for him so hey. He can help Pelosi be speaker might help them out. Thought we shall see meanwhile. The Democrats. Majority in the house is growing they're up to 233. Seats by the latest ABC news count but the Republicans are picking up. More seats on the senate side over the weekend some big news coming out of Florida with two. Still. As yet undecided now decided races there have them resolve the Florida senate race they see their Rick Scott is the new senator Republican senator from Florida unseating. Bill Nelson after that recount battle. And in the gubernatorial race you saw Andrew gill on concede Toronto Santa CC and their former congressman. That was a brutal battle the president coming in for a Ron Desantis he's the new governor of Florida. It up in Georgia that governor's race also hotly contested it would have been historic. Stacey Abrams essentially gave guys a concession speech over the weekend to Brian cant you see here. Bridge you know George are getting purple. Alley but not quite there well Stacey Abrams has conceded in a technical sense although she would not over the weekend saying that it. That temp was the legitimate winner of that race she was citing a lot of inherent structural. Problems with that in a lawsuit she filed as well as ministers I'll see that yes says she's saying that yes he won the technical amount of votes needed to. Get you elected but not that he did so in a way that reflects a fair playing field. Her but in what we should say if you're watching us in thinking rob this campaign has just about over the recounts are done while this thing was that spurs are. There's still one more senate race to go in Mississippi Alley has been tracking it it is the only race. They'd raised its outstanding. Republican state Alley Republican has a slight edge there but surprisingly close. This is an incredible race and as you said the Florida and Georgia. Being wrapped up sort of allows us to put the spotlight directly in this race which has become very nasty. In the original race the two candidates a Republican incumbent who was appointed to the CCD Huntsman he had Smith and Mike STV Democrat. Are within or less of a percentage point on one another and their short of the 50%. Outright victory needed. To avoid a runoff so that race is headed towards a runoff November 27 that's. Yeah I think CXD after the president will be there and true stops on Monday. This is the problem overall the president has had with the selection yes he won seats in the senate. But these Democrats are getting really close and red states and that does not bode well for him for twenty. There's a few things that make this race as most recently as our very specific and that is that's in behind Smith. Facing very difficult Republican challenger who took away about fifteen points from par. And now it's become a wait closer race because of some of the hitting video as it came out. And revealing some of us and he hides that statements that I'm sure she didn't very controversial they have never seen this racist in many corners of first one which was may remember seconds and actually before the recent didn't come out. Until two weeks later she embraces and a supporter at a campaign rally and in praising the supporter he's she said quote if he invited me to a public can't hanging. I'd be on the front row and of course the use of the weren't hanging in the in Mississippi south SP is running to be the first African American. Senator in Mississippi since shortly after the civil war so those aren't. Those are words that he has. He has remarks as being racially insensitive. And this is not being any racetrack and race until now when these comments of Comerica also made another comment about. Sort of joking about election and voter suppression exactly so so these are some comments that she argues we're me off hand but it certainly. Tightening up the race and making a lot. To watch in Mississippi a state like Georgia where the dark path. Past of the south and racial discrimination looms large it's a recovery is definitely works worth watching ms. Johnson says the president. Headed their for not one but two campaign rallies the Monday after Thanksgiving and what happened here for you. On ABC news live but we are speaking of Thanksgiving and holidays marching that much closer toward Christmas time. At the White House and today we got a little sign of Christmas the Christmas tree the traditional national Christmas tree. Arrived in a carriage as per tradition there and as they were playing. Some Christmas carols sort of shocking that we're already hearing that there she is the First Lady the president actually coming out this year agreed to treat. And our Jordan Phelps we can call it a holiday correspondent was there for at all at the end we'll bring her back in at the White House Jordan you not only covered. The Christmas tree B two David you were also on the Turkey V does turkeys had. The White House tomorrow tell us about him. That's right DeVon and if you thought that that Christmas tree came early that's because it did. This is usually at this event to you rival the Christmas tree usually happens after Thanksgiving later than it did this here. In the White House is noted that they have to actually remove an entire chandelier to put this Christmas tree up. So maybe they got put the tree up while the first Stanley is down in my a lot of for Thanksgiving. I and you mention that those other elections that are wrapping up while they're still won it very important election. Under way here in Washington and that's to pay the national Thanksgiving Turkey we have that he is and here it's. I had people can go online now and choose which one you want to get the presidential pardon yeah aren't here at the white around. You tell them apart for us we're seeing live we're seeing some pictures that you shouted you're accusing parents knew how high months all of those are from look at look at those sure there have South Dakota. And that's right that's he didn't hear it in your hotel suite in the Willard even our analysts pampered Turkey I don't understand that. FL. They are free rein Turkey's right you might say. Thank stabbing you noted these turkeys are RE five months old neither wind. Will lose their wives and meet their fate of the Thanksgiving at table like so many millions of Turkey's around the country. I bet they have a few more months to live regardless because these turkeys were bred to be eaten. I hand the Virginia tech university professor are you gonna take these turkeys after tomorrow. Tells me that if they he lived to be here tops that's really guidance well I don't might not eyes see they end of their lives later this week but it's just a few. And tomorrow we'll have that Turkey parting for you live here Jordan I know you will be there thank you so much. And hon that known I must say. Peace or carrots just in time I've voted four. So an original Ifill like every getting it lesson laceration on her feelings copilot are learning cobbler and on around or like I think we need soon. Often beaten path Medialink Brussels sprouts or he had. Taylor on the list inducing Thanksgiving national and Dag. I'm blessed to them because it's a sad that they don't live very long yeah I's editor totally well and anyways that's it for us here today in a briefing room thank you for joining us and we will see back here tomorrow 3:30 eastern time on ABC news live for just official Alli program Devin Dwyer. We'll see you next time.

This transcript has been automatically generated and may not be 100% accurate.