Certain things, do you think thats going to matter on wednesday . Hes got credibility problems, theres no question. And i agree with phil. From the republicans, youre going to see a standard sort of defense lawyer crossexamine. Youve been convicted of crimes, youve lied, why should anyone trust you now . Standard fare. And it can be effective. If i was advising democrats i would say you do not need to embrace this guy. Hes no saint. Just stick with what can be proven. Stick with whats in the tapes. Stick with whats in the documents. It doesnt matter if people like this guy. You dont need to like him. Its just, can he be believed . But he previously postponed his testimony by what he thought were perceived threats by the president and by the president s attorney rudy giuliani. Do you think thats going to affect his testimony . I dont know. You cant send him out there if youre his lawyer unless hes really ready to go. They made some threats that i think were over the line against his family, his fatherinlaw. But if im his lawyer i dont let him step out in front of the world with all those cameras unless hes really ready to go. Thank you, gentlemen. Thanks, don. By the way, i couldnt remember. Secretary of energy. See . Thank you, guys. Have a good night. Good to see you. Will the American People see the longawaited Mueller Report . Rod rosenstein may have given us a clue today. Thats next. I cant believe it. That we just hit the motherlode of softserve ice cream . I got cones, anybody wants one oh, yeah get ya some no, i cant believe how easy it was to save hundreds of dollars on my Car Insurance with geico. Ed ed we struck sprinkles [cheers] believe it. Geico could save you fifteen percent or more on Car Insurance. Geico could save you fifteen percent indistthat was awful. Tering why are you so good at this . Had a coach in high school. Really helped me up my game. I had a coach. Math. Ooh. So, why dont traders have coaches . Who says they dont . Coach mcadoo you know, at Td Ameritrade, we offer free access to coaches and a full education curriculum just to help you improve your skills. Boom mad skills. Education to take your trading to the next level. Only with Td Ameritrade. So, democrats are pushing back against comments by deputy a. G. Rod rosenstein that seemed to hint at whether the Mueller Report will be made public. Lets discuss now with two former federal prosecutors, kim whaley and john sail. Good evening. Good to see you both. Thank you for coming on. John, im going to start with you. This is what rosenstein said today. Listen to this. It was a kneejerk reaction to suggest that we should be transparent about what we do in government, but there are a lot of reasons not to be transparent about what we do in government. My view is the department of justice is best served when people are confident were going to operate when were investigating american citizens in particular. Were going to do it with appropriate sensitivity to the rights of uncharged people. If we arent prepared to prove our case beyond reasonable doubt in court then we have no business making allegations against american citizens. So, john, were expecting the Mueller Report to be delivered soon. Do you get an indication from that hes speaking about the president . Is he speaking in generalities . Is he sending us a signal . With all due respect to mr. Rosenstein, hes on his way out and there is a new sheriff in town and i think we have to look at what is attorney general barr going to do . I watched his confirmation hearings with great interest and he won me over. I think that he is going to do just what he said. Hes going to be, in terms of the summary he sends to the congress, hes going to be as transparent as possible. But subject to the rules and the law. If he didnt do that hed be putting himself above the law. So i think hes got some tough decisions to make. But the most interesting thing i thought mr. Barr said in his confirmation hearings was he would not be bullied. And i thought when i heard it that was the message to the president , that hes not going to cover it up, but by the same token its a message to congressmen like adam schiff that hes not afraid of being subpoenaed. I think hes going to do what he thinks is right and hes going to have allegiance to the rule of law and the constitution. Point taken about barr on the way in, rosenstein on the way out. But kim, lets talk about rosenstein. I want to do that because youve worked with him. What do you think hes doing here . Its hard to say out of context. I would guess that that is not a statement about the Mueller Report or whether the Mueller Report, if there is one that could be made public because there are questions regarding the regulations if that were to be made public. I think what hes saying actually is consistent with the view that no one is above the law and that is that the Justice Department is not a political entity, that they dont call balls and strikes based on whether someone is popular or not with a person in power. And when he talks about regular citizens, my guess is hes saying, listen, typically in the Justice Department if they make a decision not to prosecute, that is not made public and that is the guideline that governs this particular document. The distinction is, however, that typically a regular person could be indicted if theres a crime. Under doj policy, that is not the case for the president of the United States. And knowing Rod Rosenstein, i would be surprised if he would be comfortable with the idea that, hey, you cant indict a sitting president but you also cannot share information relating to possible impeachment with congress. That would be a checkmate, no way to hold a president accountable. And i would think in the circumstance involving the president , if he cannot be indicted, there has to be another way that the constitutional structure could hold him accountable for potential wrongdoing. And i think Rod Rosenstein would agree with that principle. Okay. So, john, you mentioned adam schiff in your previous comments, hes chair of the house intelligence committee. Hes calling it a double standard. The vice chair of the senate intel committee, senator mark warner, says muellers records about the president s conduct must be made available. Are democrats getting ready for a battle over this report, do you think . Well, if there is a battle and if they do issue a subpoena how do they fight such a battle . They go to court. And that would not be a bad thing because there are so many competing interests. But if the attorney general decides theres no precedent, its not like a court case, he may or may not follow whats been done in other instances. Hes got to strike that balance. And im repeating, but i feel this strongly. I think this man is going to do what he thinks is right. He has nowhere to go. He has no political aspirations. Hes taken a job at this point in his life where i dont think he wants to be part of a coverup. Let me ask you about barr, kim, because at his confirmation hearing attorney general barr talked about withholding information on uncharged individuals. Right . We know that. Rosenstein is saying something that is similar. You said context is everything here. You didnt think he was talking directly about the president. Is it really possible that we could go through the last two years, all of the questions, all of the charges and not get any real answers or a real answer as to what Robert Mueller found . I think that is conceivable in reading the actual regulation. So the regulations are different from what governed under whitewater, which was an actual statute. That statute is now gone. Regulations were created. And frankly i think maybe they werent crafted in a way that had this particular situation in mind. Because what people want to know is if there is information related to wrongdoing on the part of the president of the United States. With respect to other players, if theyre not indicted, other people that are not sitting president s, that are not arguably protected by article 2, i think Rod Rosenstein and mr. Barr would agree, that is kept private. The question or kept confidential. The question is, what about the information relating to the president of the United States . And under the regulations theres no clear mechanism for turning that over to the public. So mr. Barr does have a tremendous amount of power in this moment to determine whether the separation of powers under the constitution is actually going to function. And if it goes to the court, to the federal courts, there would be a battle and i believe ultimately there would have to be some lever whereby someone has access to information. It doesnt just go in a black hole for no light to shine on because every exit is closed. That cant be right under the constitution. So, john, the president s son, don junior, weighed in on the Mueller Investigation this morning. Watch this. They put incredible pressure on regular guys that couldnt afford a Million Dollars in legal fees and got them to slip up and Say Something incorrectly. You know, they pretended they were their friends. And thats all that happened. There are no actual crimes. Theres only things that people did in past lives, you know, in 2006, before we even thought wed ever get into this crazy world. You know, and thats what it is. So where do i begin . Were talking about 37 people and entities who are charged, that are charged. Seven people pleading guilty. Michael flynn, roger stone, george papadopoulos, Michael Cohen charged with or pleaded guilty to lying to congress or the fbi about the russiarelated matters. Those arent actual crimes . Oh, sure theyre crimes. By calling them process crimes is inappropriate. They go to the very heart of the criminal justice system. But, you know, representative joe kennedy of massachusetts whos a critic of the president , he said if the Mueller Investigation shows no collusion with russians he would be happy. A special counsel, i was part of the watergate prosecution, if they do a thorough investigation and it determines the president was not involved, they have not failed. On the other hand, if the president was involved, certainly as a citizen i would want to know it. Its just a balancing act. And just to come back to mr. Barr, he has great discretion. John, kim, thank you. Appreciate it. Thank you. Thank you. Univision anchor jorge ramos and his crew were detained tonight while interviewing venezuelan president nicolas maduro. Theyve since been released and im going to speak to the former u. S. Ambassador who helped get them out of custody. Isnt what goes into your soup. Just as important as what you get out of it . Our broccoli cheddar is made with aged melted cheddar, simmered broccoli, and no artificial flavors. Enjoy 100 clean soup today. Panera. Food as it should be. Im a fighter. Always have been. When i found out i had agerelated macular degeneration, amd, i wanted to fight back. My doctor and i came up with a plan. It includes preservision. 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What can you tell us about that . I sure can. And its a pleasure, don. I played a very big role. The people who played the real role were the people of the department of state. Heres what happened. I got a call at about 7 00 tonight from my colleagues at univision. They informed me that jorge ramos and a group of five technicians supporting him had been granted authorization to have an interview with nicolas maduro. During the interview jorge ramos asked him some very hard questions and characterized him as a murderer and as a dictator. Maduro didnt like that. He immediately ended the interview and jorge ramos and his team were manhandled by the praetorian guard that he has there in miraflores. Their equipment was confiscated. All their telephones were taken away. And they were held against their will for over two hours and 50 minutes inside miraflores palace. I got the call this had happened. What i did was basically what i used to do when i was a department officer. I called the state Department Operations center which immediately put me in touch with our embassy in caracas and with the assistant secretary for western hemisphere affairs, kim breyer, apprised them of that, suggested to him that she put out a tweet so maduro knew the eyes of the world were watching. Thats about the sum total of my engagement, but it was really i think that tweet and others who put out their own communication that we watch and we know when theyre messing with americans. And now theyre safe, which is good. Im wondering, are you concerned about the tensions between the United States and venezuela escalating . Im enormously concerned. Everybody should be concerned. What we have in venezuela is not a socialist, is not a communist. We have a good, oldfashioned mafioso thug who has systematically abused his people for the last five, six years, who has taken the richest country according to resources, right . The Worlds Largest proven oil reserves. And turned it into the poorest. 9 out of 10 venezuelans live in poverty. So yes, i am concerned, but i am also heartened, don. Im heartened by the fact the Trump Administration is working multilaterally. What Vice President pence did today in bogota with the lima group was stand with all of these democracies in insisting that the humanitarian aid enter and in committing to the legitimate president , juan guaido, that the international community, the United States, were not about to leave the venezuelans behind. Lets talk about the southern border and this national emergency. You joined dozens of other seniorlevel National Security experts to publicly take on the president over this Emergency Declaration to get his border wall. And heres part of the statement that you signed on to. It says, we are aware of no emergency that remotely justifies such a step. The president s actions are at odds with the overwhelming evidence in the Public Record including the administrations own data and estimates. So why did you feel compelled to confront him with this letter . Im a private citizen now, don. I felt compelled to do this because i, studying the facts, and i know that there are alternate facts in this world, but the facts along the southern border, a part of our nation and mexico that i know well from my diplomatic experience, is not experiencing a humanitarian or im sorry, is not experiencing a National Security crisis. It is experiencing a humanitarian crisis, and that is the product of this administrations policies. Zero tolerance. Metering people in to have asylum claims heard, et cetera. So i felt it was my obligation as a private citizen to lend my voice to what i think is a very powerful statement. So, let me ask you about this. I just want to put this up because these numbers show the overall trend for people coming over. That overall trend is down. So tomorrow the democraticcontrolled house is expected to overwhelmingly pass a bill that would block the president s wall. After that, it will head to the republicancontrolled senate. This is what the president tweeted about it. He said, i hope our great republican senators dont get led down the path of weak and ineffective border security. Are you hoping your letter might influence enough republican senators to send that bill to the president s desk . That is certainly the hope. I have to say, as my dad used to say, how big is that hope . Well, slim to none and slim just left town. I dont think its going to have that much of an effect there. But i do think this joint declaration of facts on the ground will have an effect in a number of the court cases, there are currently five i believe that have been started, and quite possibly it may convince some very good, thoughtful republicans to take a look at the facts as reported by the administrations own department of homeland security. And recognize that there is no national existential security crisis at the southern border. What there is, is a bad policy. Ambassador feeley, thank you for your time. Its always a pleasure, don. Well be right back. This is Dell Cinema Technology enhanced with cinemastream for less buffering and smoother streaming. Cinemasound for audio up to 60 louder with 260 more perceived bass. And cinemacolor with dolby vision to bring your entertainment to life with ultra vivid colors and stunning contrast. Experience the incredible color, sound and streaming of dell cinema. Get 200 off select xps13 laptops at dell. Com. 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