yes if he's impeached and convicted first. >> my question was, so he's not impeached or convicted, we'll put that aside. you're saying a president could sell pardons, could sell military secrets, could order seal team six to assassinate a political rival. >> okay, so the argument, the argument that trump's lawyer came back to time and time again, is that the only way that you could, under the constitution, prosecute a hypothetical president for doing all those hypothetical crimes, would be if first, while he was president, he was impeached and convicted by a two thirds vote in the senate. there are a bunch of reasons why that is ludicrous, not the least of which is that when the ex president was being impeached the second time, one of the arguments made for acquittal was that impeachment was not the right venue. mitch mcconnell argued at length it was not the senate's