it's jay, and not the president and that's the wisdom of not having the president testify and it's one thing to do it with a lawyer and another thing to do it with your client. >> i want to talk about pardons in general. one of the arguments in the memo is that the president could essentially end this with the power of pardon. do you believe the president could also pardon himself? >> well, it's not going to happen. it's a hypothetical point. i would think the presidential power, there's nothing that limits the presidential power of pardon from a federal crime and not a state crime. president trump is not going to do that. he's obviously not going to give up any of his pardon powers or any future president's pardon powers, but under these circumstances he isn't going to do that? >> why put it in the memo? was this a veiled threat to mueller? we can end your probe. >> you're not asking the guy who wrote the memo. >> fair enough. >> i'm not sure i would have written that, chuck.