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Afternoon that says comey told associates he will not accuse the president of obstructing justice in the michael flynn probe. the report cites a source familiar with comeys thinking. charles krauthammer has laid out why that might be the case. >> if it were obstruction, then hes indicting himself. for not making a statement, for not bringing it out in the open. he cant say its obstruction which is what everybody who wants to see trump destroyed is waiting to hear. what we will hear is something ...

Safety of the president. a normal person cant do that. your thoughts? >> people kind of snickered when i said kathy griffin was in potential criminal exposure for what she did under the u.s. code, its a class d felony to threaten to kill, kidnap, or enter the president of the united states. guess what? the secret service has now confirmed they are investigating kathy griffin. she has hired an attorney, who is a fairly well-known criminal defense attorney, he has acknowledged and confirmed that k...

This is by the way not a dictionary definition. this is the 18 u.s. code 2381. the law. lets talk about intent. criminal intent is a necessary component of a conventional crime and involves a conscious decision on the party of a party to injury or deprive another. there are multiple shades that may be applied in situations ranging from outright premeditation to spontaneous action. this is a dictionary definition. this is not in law. there are more debates about intent. espionage is u.s. law. a p...

The story we have been telling is a story more or less in step with the arc of history as defined by barack obama and hillary clinton. that doesnt mean they that we favor them to win that vision of the progressive future and global future that does not resonate with so many american voters. there is this chasm and no one exploited as donald trump and no one made it as violent and aggressive and sinister as donald trump did. and that laid the foundation for the sorts of incidents that happened la...

Changes his story or it changes and some small way. i think his lawyers are doing the smart thing. >> kat: there has been two camps. some people are saying any good lawyer would tell him plead the fifth. other people are saying that with the fifth amendment, we are talking about documents. some going so far as to say he could get in trouble for not complying. >> eboni: i think its a bit of an overreaction. technically, yes. he could get in trouble. u.s. code says when you withhold or refuse to t...

Week and he said ron, somebody can tell us theyve used marijuana five times on the document and come in and confess that theyve used it 5,000 times on a polygraph and they wont be prosecuted. theyll be discontinued. i think, to some extent, this may go back to jim comeys deliberations about hillary clinton. whats the legal precedent for prosecuting somebody for doing this? >> as a former defense lawyer, if you remember martha stewart was investigated for insider trading. about two or three month...

If an indictment happens it happens if not it speaks for itself. arthel: david. >> willful actions by means of bribery, u.s. code is clear on obstruction of justice, words dont matter. they do not obstruct justice, i dont care what the words are, i dont care why he fired comey, comey is an at-will employees, the bottom line is, it may be other things but not obstruct of justice. >> i disagree with you. >> when. >> when you impede a criminal investigation from doing what it is supposed to be doin...

>> eboni: we are debuting a new segment called "the docket." huge story coming out of washington about the implications of the comey memo. the big legal questions. the big one right now is can there be a charge of obstruction of justice against a sitting united states president. i want to break all of this dow down. the short answer is yes, around obstruction of justice. it can happen but its very, very difficult. people have been talking about this in a way that makes it seem like its easy to d...

Report it to his colleagues what had happened and made a record of what had happened during the conversation. >> well, apparently, i should just put a footnote on that, that comey is, according to his source and cnn reporting is, quote, not worried about any tapes and if there is a tape, theres nothing, he says, hays worried about. let me ask you about this. weve just received word in the last hour that these two members of congress, democrats, have sent a letter to the white house asking for an...

Should go back to what this is all about. this is about an executive order that is unconstitutional, that discriminates against people based on their nation of origin or religion. ultimately, the problem with what attorney general sessions is saying is that hes just not respecting the separation of powers. we have a president, but hes not the king. this is just -- these are all the types of lessons that the administration keeps teaching us, that helps us remind ourselves of social studies. the j...