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May 21, 2019
That option. and doesnt think the business of presidential harassment is the right way for them to go into the 2020 election. its up to the house, well see what happens. >> case closed. that approach is what nancy pelosi is watching. shes said all along she needs republicans in the senate to get on board make an impeachment process worthwhile. >> do you think impeachment proceedings should start now? >> i think were headed down a road where impeachment proceedings become inevitable. and mitchs e...
March 9, 2019
Impeachable offense. even if the under lying pardon is valid. >> i want to throw out something else. witness tampering. the presidents lawyers discussed pardons for michael flynn and paul manafort. the presidents use of the term pardon. is that a message or a warning to witnesses? would that be witness tampering? >> is the presidents potentially dangling a pardon out for these folks to implicitly persuade them to give testimony or talk to investigators in a way that is favorable to him? it is po...
February 21, 2019
Number on that. obstruction cases are made everyday. its about the quality of the evidence. in my personal opinion, i think in this case, in this investigation they have a lot of things to pull from. >> before we get deeper into the l law, looking at the fbi, you write that donald trump would call you as president on unsecure phone lines. we know he had russian photographers in the oval office without the american press. is you write in the book his aides would take the daily intelligence briefi...
January 20, 2019
Other corrupt act other than just fire him, it can obstruct justice because thats what article 2 of the constitution gives to him solely. not congress, not anybody else. if, for example, a president said, leave office or im going to, you know, have your kids kidnapped or im going to break your legs -- i prosecute a lot of obstruction cases. ill give you an example. when the president said, please go easy on flynn, i know of no obstruction case that begins with the word please. it goes something ...
January 19, 2019
Signals occurred between trump and cohen and/or others as to his definitively false testimony, that we know to be true. he gave false testimony. hes admitted that to mueller. mueller is 100% -- stands behind that. what conversations occurred, what happened around all that we dont know, and i believe it is probably quite nuanced. criminals, bad actors, they dont usually talk that explicitly. they dont say, hey, i want you to go in there and lie. its more of a wink and a nod and i myself have pros...
December 10, 2018
Lead. the former director of the fbi suggesting that president trumps tweets might constitute a crime. james comey telling a crowd at new york citys 92nd street y last night that his attacks against potential witnesses could amount to witness tampering. >> if i were prosecuting a case in the southern district of new york and a prominent person started attacking my witnesses, i would want to know, so whats going on there, and does that cross the line from free speech, which we have to keep protec...
November 19, 2018
The interesting thing is its the broad consensus the president will not be indicted so he cannot really be the target of an investigation. and therefore, he could be subpoenaed to discuss the obstruction cases. the obstruction questions and those issues. but on the other hand, if he is the sole target of the obstruction investigation unlike the collusion investigation so it may be a situation where robert mueller says you know what? if you dont want do give us your story then you dont have to. t...
August 28, 2018
With controversy. the second thing that struck me was when even his lawyers are reported to be telling him that, look, if you fire jeff sessions, mr. mueller may very well view that as obstruction. you know, its interesting but usually when were handling obstruction cases, we can prove up the conduct but theres actually a jury instruction that a judge gives in every case that says you have no way of looking into the human mind to determine what somebodys intent and motive is. so you usually have...
July 29, 2018
Twitter troubles. legal experts telling the new york times quote prosecutors who lack one slam dunk piece of evidence in obstruction cases often search for a largerer pattern of behavior and you said just a while ago that twitter could becan tkhpl presidents unravelling. is this what you have in mind? >> yes. because donald trump has used twitter as an effective political tool. hes able to do massive amount of spin work on his behalf on his white house on his presidency. but from a legal point o...
July 26, 2018
People of threats or rewards via his tweets? people whom he knew or expected will be interviewed by bob mueller? if he did, was he engaging in witness tampering? that is an independent crime. it is a species -- >> harris: we know all about that with paul manafort. >> judge napolitano: yes, that is what "the new york times" is breaking and what we are talking about here. >> dagen: let me just get the rudy giuliani quote in here, he did speak to "the new york times" "if you are going to obstruct j...