health care once again in limbo for some 20 million americans. a texas judge scraps the entire law. will the ruling stand on appeal? and a huge spike in the number of teens vaping nationwide as other drug use and alcohol on the decline. for seniors in high school, the spike is the biggest on record? >> the largest in the 43-year history of the survey. drinking is down and use of opioids is down. good morning. welcome to "early start." i'm christine romans. >> i'm dave briggs. it is 5:00 a.m. in the east. it is days from a partial government shutdown unless the president and congress can real a deal on the border wall. the white house is demanding $5 billion for the wall, which, remember, mexico was going to pay for it. congressional democrats rejecting that request. the white house senior adviser stephen miller taking a hard line on "face the nation."

echoing the president's demand. >> we will do whatever is necessary to build the border wall and stop this ongoing crisis of illegal immigration. this is a very -- if it comes to it, absolutely. this is a fundamental issue. at stake is whether or not the united states remains a sovereign country and establish and enforce rules for entry into the country. >> "the new york times" reports that house republicans have a more immediate problem. members retiring or defeated in november don't want to show up to vote any longer. many have been skipping votes since the midterms and gop leaders are unsure if they will show up. chuck schumer says they are not sure if they have the votes to get billions for the wall. >> president trump should understand there are not the votes for the wall. in the house and senate, he will not get the wall in any form. >> if a partial shutdown happens at the end of the week, the consequences could trickle down.

of course, nothing concentrates minds in washington like a holiday. the president is scheduled to leave for christmas vacation this week in florida. 16 days in mar-a-lago. a damning report claiming silicon valley may have done the bear minimum to help the senate russia investigation. the report commissioned from an online intel firm. social media companies could have done a better job providing data about russian accounts that posed as americans. "the washington post" has a separate report for the intel committee. it finds the russians used every major social media platform to influence voters to elect president trump and worked harder to support him once in office. >> in the meantime, president trump's attorney rudy giuliani says his client may have been involved in the conversations about trump tower moscow significantly later than previously known. the president's former personal attorney michael cohen claimed those talks ended in january of 2016 before the primaries. and when cohen pleaded guilty to

lying to congress, he said those talks lasted through june. now the talks could have lasted longer through the campaign. >> did president trump know that michael cohen was pursuing trump tower moscow into the summer of 2016? >> according to the answer he gave, it would have covered up to november of 2016. he had conversations with him. >> cnn reported last week that special counsel robert mueller is still interested in interviewing the president in person, but giuliani is having none of it. >> good luck. good luck. after what they did to flynn and trapped him into perjury and no sentence for him? 14 days for papadopoulos. i did better on traffic violations. than they did with papadopoulos. they are a joke. they're a joke. over my dead body, but you know, i could be dead. >> for more on that, we have boris sanchez from the white house.

>> reporter: dave and christine, rudy giuliani in clean-up mode this weekend after michael cohen was sentenced to three years in prison and made negative comments about the president in public. giuliani effectively trying to discredit michael cohen and put distance between the former fixer and the white house. giuliani insisting the payments made to stormy daniels and karen mcdougal were not campaign contributions. >> it is not a crime. it's not a crime, george. paying $130,000 to stormy whatever and paying $100,000 to the other one is not a crime. if there is another peurpose, it's no longer a campaign contribution. suppose he used his campaign funds to payoff stormy daniels? it would be a campaign violation. it's not. >> reporter: in the southern district of new york, michael cohen plead guilty to campaign finance violations for those specific payments. there is what rudy giuliani is saying and what is actually happening in court. we should point out we may not

have heard the last of michael cohen. representative elijah cummings said he would like to invite michael cohen back to capitol hill to testify once more. dave and christine. >> boris sanchez there. a new poll shows americans find the president is lying about the russia investigation. in the nbc poll, 62% think the president is not honest of russia. a new cnn poll has mixed news for the president. from the first in the nation caucus state. 2/3 of iowa republican voters would definitely vote to reelect mr. trump if the general election were held today. the caucus is to pick the 2020 general election candidate. nearly 2/3 of the polled said the state party should welcome

challengers to the president. the future of obamacare once again up in the air. a federal judge in texas striking down the entire affordable care act as unconstitutional. you may remember back in 2012, the supreme court did uphold the law claiming the individual mandate was a legal tax. last year, the tax was reduced to zero and the judge cited zero tax means zero individual mandate. the argument without it, the whole law is false. >> the affordable care act covers people with pre-existing conditions. it lets states expand medicare. and medicaid and lets kids stay on their parents policies until age 26. these are really popular parts of obamacare. president trump declared that the decision a great ruling for our country. some republicans are not sold. maine senator susan collins believes the ruling will be overturned on appeal. >> there's no reason why the individual mandate provision can't be struck down and keep all of the good provisions of the affordable care act. >> a group of states led by california vowing to appeal the decision and another judge considering a case brought by maryland defending obamacare.

we may get duelling rulings here. enrollment for 2019 ended on saturday. president trump's acting chief of staff has not always had kind are words for his boss. listen to what mick mulvaney said during a campaign debate in 2016? >> i believe trump as enthusiastically as i can. in fact, i think he is a terrible human being, but the choice on the other side is just as bad. >> on friday, trump tapped mick mulvaney as the acting chief of staff. the newspaper in south carolina stated that mulvaney's remarks were at the time. and a new interior secretary

after ryan zinke is out. he faces multiple investigations. he calls the claims false. the white house had been pushing zinke to resign for weeks and he was told he had until the end of the year to leave or be fired. possible replacements include david burnhardt and david heller. the president says he is reviewing the case of army major matt golsteyn. he is the green beret charged with killing a bomb maker in afghanistan. this came up in a 2011 cia job interview. according to "the washington post" golsteyn admitted the killing. he did it according to orders by superiors. this military prosecution states that rarely do officials weigh

in on current cases. and cnn business. the dow dropped 2%. the s&p fell 1.9%. the nasdaq shed 2.3%. it is shaping up to be the second worst year in a decade. a year ago this week, the president signed the top achievement. tax cuts for business. since then, the dow is down almost 3%. three problems. economic growth in the u.s. the bite from the u.s. and china trade war and concerning of raising interest rates. the investors tuned out the president president president's tweets. this week, focus shifts to the fed reserve. central bank is widely expected to raise rates on wednesday. usually at the end of the year, investors look forward to a santa claus rally. it will not happen this year

with a handful of trading days left in the area. >> a meh? collectively? >> you know, so much is going on. a lot of stock buy back. shareholders have benefitted this year because of the tax cuts. overall, markets are looking into next year and they are concerned. ahead, theresa may is not too happy with a predecessor. tony blair joining the calls for a second brexit vote. we are live in london with the latest. the zip code you're born into can determine your future. your school. your job. your dreams. your problems. (indistinct shouting) but at the y,

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when theresa may stands before the house of common this afternoon, she is expected to speak out against the second brexit referendum. former prime minister tony blair is not buying it. he is calling for a second vote calling on may to do the same. we have erin mclaughlin with the

latest from london. i am hearing from high profile economists saying the real world impact of the messy divorce is too damaging to the british economy and british people. >> reporter: that is right, christine. last week was especially punishing. a bruising week for british prime minister theresa may. she is expected to come out today before the house of common swinging and hitting back at growing calls for a second brexit refer dendu -- referendu. she is despite media reports that members of her cabinet and her chief of staff are prepaying for that eventuality. reports that they are denying. theresa may, nevertheless, has hope she will get this deal through and she will be able to extract further concessions from the european union for a

meaningful vote to happen in january. the fact of the matter is the mess inside westminster is not adding up in her favor. if she fails to achieve this, there are limited options. including the dreaded no deal which seems to be catastrophic for both sides of the eu and uk. a no deal could result in a 7% hit to the gdp of the uk. that is seen as really unrealistic at this point and we are seeing the calls for the growing referendum and take the brexit back to the british people and have them decide. >> a 7% hit to the gdp. that is millions of people out of work. businesses closed. that's not something that can be sustained. they have to figure this out. er erin, thank you. okay. after two weeks of tense climate talks, nearly 200 nations, not

including the u.s. helping with rules on curbing the climate. leaders know this is not enough from the critical levels in the climate. we have melissa bell with the latest. melissa, good morning. >> reporter: good morning, dave. this two-week negotiation is a day late in delivering the rule book putting in the ambitious targets for the end of 2015. you may remember the paris climate accord was signed by all those countries. this is about the rule book to ensure the implementation by 2020. remember those ambitious targets aimed to keep global warming under 2 degrees higher from previous industrial levels. those are looking not ambitious enough. two weeks of wrangling and extra day of negotiation allowed that

rule book to be signed. it is already considered too little too late. as proof of that, a major sticking point is whether or not to welcome a u.n. report that suggested that in fact the world was heading for 3 degrees this century. a catastrophic new set of findings by the u.n. should the conference welcome that report and even on that they were not able to agree. united states and saudi arabia and russia blocking the welcoming of that u.n. report. instead, its completion was welcome which is a reminder, dave, that as the world seeks to come to the agreement and compromise, it is all looking like it is far too little and far too late. >> it does, indeed. melissa bell live in paris. thank you. ahead, we will talk sports. philadelphia eagles finally look like the defendng champs as they try to sneak into the

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♪ mom. ♪ a new report shows vaping n among america's teens is up. the university of michigan social institute for research shows vaping numbers are up sharply from last year. vigilance is needed because that could lead to other drugs and other substances. alcohol and opioids have declined in recent years. let's talk sports. can the eagles back-up quarterback do it again?

nick foles leading them over the rams. andy scholes. >> with carson wentz out with a fractured vertebrae. can nick foles do the same afternoon last year? so far -- same as last year? so far, so good. two touchdowns in l.a. foles leading the offense up and down the field. it was a rough night for the rams jared goff. i want you to watch this next play. he trips. instead of going down with the ball, he picks it up and gives it to the eagles defense. philly wins 30-23 to keep their playoff hopes alive. steelers were looking to beat the patriots yesterday for the physicifirst time in 1eseve. look at this pylon video. two patriots leap into the end zone. look at this. they keep the ball out to down it at the 1 yard line.

fourth quarter, patriots down by four. tom brady throwing a very uncharacteristic interception. patriots dropping down to the three seed in the nfc with the 17-10 loss. new england has never reached the super bowl without a bye under bill belichick. for the first time in 15 years, the dallas cowboys failed to score a point in a game. the colts defense stifling dallas all afternoon. cowboys had their chances, but ezekiel elliott here is frustrated. coltss win 23-0. -- colts win 23-0. and kahlil mack here is incredible. the bears would beat the packers

24-17 to win the first division since 2010. they are partying in the locker room like it is the -- it is is 1985. and leonard surprised his girlfriend and proposed to her midfield after the game. they put it up on the big screen so the fans could watch it go down. of course, dave, she did say yes. interestingly, he said he would do it whether they won or lost the game. good for him they won the game. >> you can't do that after a loss. that would have been the buzz kill of a moment. i think he was overconfident. the romans family celebrating the bears championship. >> there are three dear santa letters in our house. all three of them want a mack jersey. thanks. will the government shutdown over christmas? two sides.

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vote. $130,000 to stormy whatever and $100,000 to the other one is not a crime. >> not a crime? michael cohen may disagree. rudy giuliani at odds with prosecutors. now where big tech may not be doing enough with the russia investigation. and obamacare up in the air. the texas judge scraps the entire law. will his ruling stand up on appeal? and a big spike in the number of teens vaping nationwide as alcohol uses declines. good morning. welcome to "early start." i'm dave briggs. >> i'm christine romans.

we are less than five days until a partial government shutdown unless president trump and congress can reach a deal on funding for a border wall. the white house is demanding $5 billion for the wall, which, remember, mexico was going to pay for it. congressional democrats rejecting that request. the white house senior adviser stephen miller taking a hard line on "face the nation." >> we will do whatever is necessary to build the border wall and stop this ongoing crisis of illegal immigration. this is a very -- if it comes to it, absolutely. this is a fundamental issue. at stake is whether or not the united states remains a sovereign country and establish and enforce rules for entry into the country. >> "the new york times" reports that house republicans have a more immediate problem. members retiring or defeated in november don't want to show up to vote any longer. many have been skipping votes since the midterms and gop leaders are unsure if they will ever return. chuck schumer says they are not sure if they have the votes to get billions for the wall. >> president trump should understand there are not the votes for the wall.

in the house and senate, he will not get the wall in any form. >> if a partial shutdown happens at the end of the week, the consequences could trickle down. of course, nothing concentrates minds in washington like a holiday. the president is scheduled to leave for christmas vacation this week in florida. 16 days in mar-a-lago. the optics are interesting. joining us is historian and professor julian zelizer. good morning. >> good morning. >> the house has less than three days. are we likely to have a shutdown? what about the optics of the president kicking back for 16 days and playing golf with a partial shutdown? >> terrible. the only people who like the shutdown is president trump and his base which still supports him fighting for the wall. the problem is there is a disconnect between that and republicans at this point who don't want this to happen who are not voting and who are

thinking exactly of that. images of the president vacationing while the government is shutdown. i think a lot of republicans really don't want this to go through. >> there are trump supporters in the midwest who say we don't need the government. they think the president is on the moral high ground. what we saw from the polling shows that. he was signing his legislature achievement this week a year ago. something he was proud of. now fast forward a year. trump is under investigation. trump organization, foundation, campaign, transition, inauguration, administration. how boxed in is he here? >> he is very boxed in. he doesn't necessarily mind being boxed in. this is a president, in some ways, likes being in an add v--

adversarial position. you have multiple investigations at this point and tremendous instability within the white house. i think the people working around him are worried. it is a question between trump and his base and the rest of the republican party at this time. everyone is worried about where the investigations lead. >> instability may be the word that sums up health care after the ruling by the federal judge in texas. ruling the entire thing unconstitutional. the president celebrated this on twitter as great news for america. susan collins, senator from maine, not so fast. listen. >> there's no reason why the individual mandate provision can't be struck down and keep all of the good proper -- good proper investigati-- provisions affordable care act. >> are republicans concerned at

this ruling? the president may be celebrating it, but are republicans fearing it? >> the republicans wanted it to go away. they pushed for repeal and replace. they lost and lost badly. then in the midterms, this was a big issue for democrats running on this. the last thing they want is this case and the potential for the program all of a sudden to shutdown which would be a crisis of health care for millions of americas. i don't think a lot of republicans are celebrating right now. it is not necessarily in their control. it's in the courts. >> you could argue, the pre-existing conditions was the central issue that democrats ran on. gave them 40 additional seats. >> let's talk about the president's personal attorney rudy giuliani this weekend. he is trying to reframe what legal jeopardy the president is in in more precise terms. >> it's not a crime. it's not a crime, george. paying $130,000 to stormy

whatever and paying $100,000 to the other one, it is not a crime. the edwards case was paid $1.1 million. if it is a personal purpose, it is not a campaign contribution. suppose he used campaign expenses to pay off stormy daniels. it would be a violation. >> we are learning more about how long into the campaign the president -- involved in the trump tower moscow project. what do you make of it? >> it is a total mess. usually in a scandal like this, the administrations are disciplined and focused. everyone on the same page as they fight back against the accusations. this is the opposite. giuliani is saying a million things and saying them at the same time. i think what you see is no one really has the same story. giuliani himself is throwing

everything out there trying to protect the president. even basically changing what the law is on television and describing what happened. i think it reflects the chaos and the tone that the president has set in the oval office. that is what the advisers are reflecting. >> does mick mulvaney, the new acting chief of staff, does he fix it? >> absolutely not. he will be like john kelly and priebus and the chiefs of staff before him. it is the same structure he is going into and it is worse because now he is facing house democrats coming at the administration. we will see if mulvaney even keeps the job for a few months at best. >> if he wants the job. it will be an interesting couple days. thank you. also in the russia probe, a damning report due this week claiming silicon volualley may e done the bear minimum to help

the senate russia investigation. the report commissioned from an online intel firm. social media companies could have done a better job providing data about russian accounts that posed as americans. >> "the washington post" has a separate report for the intel committee. it finds the russians used every major social media platform to influence voters to elect president trump and worked harder to support him once in office. coming up, new u.s. sanctions on north korea could block the path to denuclearization forever. strong words from pyongyang. we will have a live report next. new unbelieva-brow longwear brow gel by l'oreal paris. no smudge. sweat resistant. waterproof. it's unbelievable. unbelieva-brow longwear brow gel. l'oreal paris.

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yippiekiyay. ♪ mom. ♪ north korea lashing out over the u.s. decision to level sanctions against three of the senior government officials. in an editorial over the weekend, pyongyang warned the sanctions could block the path to denuclearization forever.

will ripley has reported many times for us from pyongyang. he is live in hong kong with the latest. will, were the sanctions more symbolic? >> reporter: absolutely. it was to add three more names to the long list of north koreans who under sanctions doesn't have a tangible impact. but to publicly shame three officials who i have seen standing on stage next to kim jong-un at events in pyongyang. the head of the state security and propaganda and agitation. you see the media with the increasing warnings not necessarily about the individual sapgs sanctions, but the overall order of the program for north korea and the issue of human rights which they say is nonexistent. people being punished for speaking their mind if the

government doesn't match what they said. and the continued punishment from the united states. this could bring a return to what we saw a year ago. north korea launching missiles and conducting nuclear tests. i don't think they want to see that happen. at the same time, they are trying to tell the united states that if there isn't some movement, that is exactly what could happen. they continue to praise president trump over and over, dave. they say the sanctions are going against the will of the white house. they are clearly trying to play to president trump's ego ahead of the second summit next year. >> still has not ruled it out. will ripley live in hong kong. thank you. to a cnn exclusive. the first look at operation northern shield along the border with lebanon. there are fears the underground tunnels could be used to mount

attacks on civilians. cnn is the first to go inside. we have ian lee with the extraordinary access. what did our team see? >> reporter: good morning, christi christine. the israeli military took us up to the border and we found this hole that they drilled down to the tunnel going down dozens of yards past solid limestone. it opens up into the tunnel. israel wanted to be close to the border to show how it originated inside lebanon and crossed into israel. they are going to neutralize the tunnels as they find them. it wasn't what they saw that tipped them off to the tunnel, but what they heard. [ grinding noise ] >> reporter: that's the vibration of digging through

salad rosa sal -- solid rock that thiipped them off. they have other technology to go along the border. they want action within the united nations security council. they say it violates the resolution which ended the war with israel and hezbollah in 2006. the u.n. is aware of the tunnels and they are investigating. also, christine, we reached out to hezbollah previously. they have not commented on it and they have neither confirmed nor denied they are behind the tunnels. >> ian lee, amazing access there. thank you. let's get a check of cnn business. global stocks are mixed right now. you can see tokyo and shanghai higher. hong kong closed lower. friday's data release missed expectation in china. european markets are lower in early trading. wall street futures are higher after friday losses. did you see the dow close 400

points lower. the dow down 3% since the historic tax cuts a year ago. s&p declined 2%. nasdaq fell 2.3%. nasdaq is the only one higher on the year. dow and s&p are lower on the year. usually at the end of the year, investors look for a santa claus rally. you have a few more trading days for that to happen. it doesn't look hopeful. all eyes on johnson & johnson after the reuters investigation found out it knew about asbestos in baby powder for decades. the company has a full-page ad in the paper saying science, not sensationalism saying the powder is safe. the stock got hit on friday on the reuters report. johnson & johnson dealing with lawsuits over claims of the product causing cancer. and scientists and others knew about the problem and failed to

disclose to regulators or the public. in a statement, johnson & johnson said this, the article is one sided and false and inflammatory. johnson & johnson baby powder is safe and asbestos free. the report is going back to the early company documents as far as the '50s. this is deis decades. >> it doesn't look like sensationalism. it looked like detailed journalism. we'll be right back. (whooshing) - [narrator] for powerful suction, you need a shark. with two swappable batteries, at maximum suction the shark ion f80 has more run time than the dyson v10 absolute. or, choose the upright model for whole home cleaning only from shark.

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mom. ♪ i'm ray and i quit smoking with chantix. smoking. it dictates your day. i didn't like something having control over me. i wanted to stop. the thing is i didn't know how. chantix, along with support, helps you quit smoking. chantix reduced my urge to smoke to the point that i could quit. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood, or suicidal thoughts or actions with chantix. serious side effects may include seizures, new or worse heart or blood vessel problems, sleepwalking, or allergic and skin reactions which can be life-threatening. stop chantix and get help right away if you have any of these. tell your healthcare provider if you've had

depression or other mental health problems. decrease alcohol use while taking chantix. use caution when driving or operating machinery. the most common side effect is nausea. for me chantix worked.boom. end of story. talk to your doctor about chantix. take care of the hands that take care of you. that's me in back in 1987, when i gave isotoner gloves to all my teammates. now i have a different set of teammates. my family. and they all want isotoner gloves for christmas because they keep getting better. there's smartouch. for selfies whenever, wherever. then there's four way stretch for flexibility. they even have smartdri. see? stays dry. so get isotoner gloves for the whole family. take care of the hands that take care of you. a new report shows vaping among america's teens soaring. for high school seniors, the

number is up 50% in the last 30 days alone. the university of michigan's institute for social research found vaping was the second most common substance in 2018. the officials say vigilance is needed because vaping could lead to other drugs. use of other substances like alcohol and opioids have decl e declined declin declined in recent careeyears. the group is heading to new mexico to look at the facility where the 7-year-old guatemalan girl was taken after she got sick and later died. the father says he has no complaints of the treatment of his daughter by cbp. the father is disputes the homeland security official's claim the daughter has gone days out food or water. she was properly fed on their journey. california has dropped plans to tax text messages. they hoped to add fees to

increase programs for under served citizens. the commission says the fc krrf ruling prevents the tax. the proposed tax faced strong opposition from trade groups which called it harmful for consumers. a driver escapes after crashing his car in a home in alabama. montgomery fire and rescue responded to the wreck on sunday where the car ended up nearly vertical. amazingly, the driver and homeowner were uninjured. the co-founder of hq trivia colin kroll found dead in his new york city apartment. his girlfriend called police asking for a welfare check. kroll became a big name in the tech world after co-founding

vine. twitter bought vine in 2012. kroll was only 34 years old. expresses of love and support for "saturday night live" cast member pete davidson. the new york city police conducted a wellness check after he posted i really don't want to be on this earth anymore on instagram. the instagram account was later deleted. >> a lot of relief for fans when davidson made that brief appearance late on "snl." it has been a rough year for the 25-year-old. he went through the break up with ari arkariana grande in oc and he mocked dan crenshaw for losing his eye in afghanistan. imagine a world where donald trump is not president. "snl" tried with the take on the classic "it's a wonderful life."

>> well, everyone looks so different. what are those things are their faces? >> those are called smiles. >> brett kavanaugh, how's the supreme court? >> me on the supreme court? with my temperament? are you insane? no, they went with that nerd merrick garland. on the plus side i tell people i like beer and they find it charming and not like i'm threatening violence. >> i had an epiphany. i guess the world needs me to be president after all. >> yeah. that was not the lesson at all. >> i want to be president again. i want to be president again. >> listen, donald, every time a bell rings, someone you know quits or goes to jail. >> that is kellyanne conway. >> yes. >> the next morning, the president lumped snl in with new shows and criticized what he called one sided coverage suggesting without any basis it was defamation. going so far as calling it

collusion there in the end. >> he once appeared on "snl." thanks for joining us. i'm christine romans. >> i'm paying $130,000 to stormy whatever and the other one is not a crime. >> he does not tell the truth. >> the public needs to know exactly what happened. >> president trump is not going to get the wall in any form. >> we are going to do whatover is necessary to stop the ongoing crisis of illegal emigration. >> we have to prevent a government shutdown. >> this is "new day" with alisyn camerota and john berman. >> welcome to our viewers in the united states and all around the world. this is "new day." it's monday, december 17th. 6:00 here in new york. are you ready for this? >> i am ready. i am