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September 20, 2019
Whistle-blower if he or she is watching, theres one more week, one week from today where the dni, the acting dni claims hes going to testify. if at that point next week this whistle-blower complaint doesnt substantively be conveyed to the house or senate intelligence committee, its time for you to come forward directly to those committees. >> so that as they say gets your attention and this is going to be all about trust. the whistle-blower has to be able to trust these committees of congress fo...
September 20, 2019
Lawrence, between an i.g. investigation and the presidents being subjected to criminal process. i think the issue as to whether he can be subjected to criminal process would be very difficult if he cant be indicted. im going to let my former teacher larry tribe talk about that one. but that has nothing to do with whether the inspector general or the congress could investigate criminal behavior. and if there is criminal behavior here and if the privilege is being asserted to shield criminal behav...
September 20, 2019
Jurisdiction, i think the most significant problem here is that the president says because a sitting president cannot be indicted, which is a theory, not a president, he cant even be investigated and he cant even be subjected to criminal process. even robert mueller disagreed with that. he said absolutely a president can be investigated because you might want to charge others around him like members of the trump organization or you can charge the president after he leaves office and so i think t...
September 20, 2019
But i want to point out one thing. the purpose of the whistleblower statute was also to allow the whistleblower to bring a complaint in the right way through the right process so that we could act upon it in congress in the appropriate manner. but if we dont act upon it and this information doesnt get to us in the appropriate manner i fear there will be leaks and these leaks are already starting. and thats in part why weve learned theres speculation about whats in those -- in the complaint. and ...
September 20, 2019
Election. the presidents lawyers dont point to a single line in the constitution to support their position because there is no line in the constitution that says the president is not subject to criminal process. in fact, the supreme court ruled that president richard nixon was subject to criminal process when they voted unanimously to enforce a criminal subpoena issued by a special prosecutor who was conducting a criminal investigation of president nixon. president nixon then complied with the s...
September 20, 2019
Over audiotapes that showed the president engaged in a criminal conspiracy, and shortly after handing over those tapes richard nixon was forced to resign the presidency. richard nixon resigned the presidency because he was subject to criminal process and that criminal process closed in on him and forced him to turn over the evidence that condemned him. this is one of those nights when we hope to turn to a constitutional scholar of the highest authority and we can do that tonight because harvard ...
September 20, 2019
Congress. so i think he made a misstep and frankly speaking hes acting. so if he wants to get confirmed by congress this is not the right approach politically even for him. >> well, with the republican senate it could be the only approach at this point. congressman krishna moorthi, what did you hear today in the briefing about ukraine? >> i cant comment on that specific allegation, or that issue because we dont know the substance of the complaint. but i want to point out one thing. the purpose o...
September 20, 2019
Country. i have two kind of subconcerns here. one is that we have extraordinarily -- extraordinary instability at the top of some of our key national security agencies. weve had the department of homeland security has been virtually decapitated as an acting director there. i think there are probably half a dozen or more acting people in senior roles there. we have an acting director of national intelligence. the president let go of the director and the deputy director. we have a new national sec...
September 20, 2019
Taken this outlandish position that not only can a sitting president not been indicted but he cant even be investigated. because if he cant be investigated, nobody could raise the -- could try to breach his privilege with an allegation that this is a matter of criminal behavior. so were really in some very deep constitutional water here in my opinion. >> so you dont find it coincidental that today is the day when the presidents lawyers in manhattan, as were going to discuss with professor lawren...
September 20, 2019
Is not subject to the criminal process while he is in office. and theyre arguing that the subpoena is a bad faith effort to harass the president. well, well see about that because with us to talk about it is barbara mcquade, a veteran federal prosecutor, former u.s. attorney for the eastern district of the great state of michigan. barbara, do they have a case here? >> i dont think so. i think like so much of the conduct of president trump, the best defense is a good offense and i think thats wha...