First time in the trump presidency, a democratic congressman circling articles of impeachment accusing President Trump of obstruction of justice. Check your clock. It is ticking. Will President Trump before 2 30 p. M. Tomorrow invoke executive privilege thereby blocking attorney general sessions about telling the Intel Committee about conversations he may have had with the president about russia and former director comey and more. From the perspective of President Trump what role did attorney general Jeff Sessions play in the firing of james comey . Im not going to discuss private conversations between the president and the attorney general. To that end, when Jeff Sessions testifies tomorrow, do you believe he should invoke executive privilege on conversations between him and the president as it relates to james comey . It depends on the scope of the questions and to get into a hypothetical at this point would be premature. In any way, did Jeff Sessions folks at the doj ask for the white houses permission in essence for him to testify publicly tomorrow . I dont know the answer to that question. I know congress generally speaking sets the whether a hearing is open or closed, based on the sensitivity of the subject. Is the president okay with him testifying in this open setting tomorrow . I think hes going to testify and were aware of it and go from there. Late today, the democratic sources say the attorney general initially wanted tomorrows hearing to be in private, held behind closed doors but that was quote a nonstarter. With me, ken delaney and National Security reporter. There are a lot of questions that prompted lawmakers to want to question Jeff Sessions. One looms above all others, this april 20 sean may flower hotel event. And james comey set the table when he alluded to it in his testimony. Lets take a listen to that. He was very close to and inevitably going to recuse himself for a variety of reasons. We also were aware of facts i couldnt discuss in an open setting that would make his continued engagement in a Russian Investigation problematic. Comey didnt make that explicit there but later went behind closed doors of the Intelligence Committee and made clear he was talking about classified and saying there may have been an encounter with Sergey Kislyak at this hotel event. And he has denied that. Im interested to see will he flatly deny it or say he cant recall . What will he say about that . The reason thats important because he already had to correct his sworn testimony during his confirmation hearing when he said he hasnt met with the russians in his capacity with the Trump Campaign and emerged he did meet twice with Sergey Kislyak. Thats for tomorrow. Thank you. Another big question for the president he is not answering, does he have tapes with former director fbi comey or not . Why not tell us instead of this weird cat and mouse game with the public . The secret service says it does not have any recordings made in the trump white house. Could someone else, even the president or someone at his direction have made tapes . Sean spicer dodging that question today. Does President Trump have audio recordings of his conversation with director james comey . The president said in the rose garden he will have an announcement shortly. Do you have a timeline . When he is ready to make. I if the president does have evidence the fbi director lied under oath, what is he waiting for . He made it clear he would get back and his position on the conversation. So what is he waiting nor . Whats the delay . Hes not waiting for anything. When hes ready to discuss it he will. The white house ducking the issue whether he will testify before congress or not. Remember, in the rose garden the president said he would 100 testify. Over the weekend democratic senator Chuck Schumer jumped on the president s promise and invited him. He said he would be willing to testify under oath. Can you say when he would be willing to do that . Would that be before congress is in recess . I think he was specifically asked whether or not he would talk to director muller. He made it very clear what his position was. He is not saying he would go before congress. I dont know. I have not had a further discussion with that. To nbc chief correspond, hallie jackson. Any updates whether there are tapes between president comey and whether or not the president will testify . Reporter let me take that in two parts. First, nbc news has confirmed some of the wall street journal reporting you have there, which is the u. S. Secret service saying they themselves, that particular branch, does not have recordings or transcripts of tapes. That doesnt mean they still dont exist in some other way or fashion. Ill leave it up to others to speculate. There has been the point everybody these days with their phones has a recording device, if you will, in their hands, in their pockets at arms length. No update there. Sean spicer seemed to indicate there may be an answer upcoming soon without specifying it. The second part the president testifying under oath. Sean spicer said he was asked about director muller. He was not. The president said 100 under no conditions he would testify under oath some democrats have been calling for. Theres no guidance or if ultimately that is what we will see given legal experts say it is unlikely they would counsel a client to do such a thing. We look hd to tomorrow, greta, some of those questions may end up being answered at least relating to the attorney general and some of the questions we still have surrounding the firing of james comey. Were all focusing whether or not there are taped conversations between former director comey and the president. I would want to expand it out and say are there any taped conversations of the person who came into the oval office next and did the president say, flint is a great guy and i want to make sure this is a complete investigation and comey didnt take the bait and hes still going forward. Reporter the question whether the president is generally recording people in the oval office one going back weeks ever since the discussion or tweet about the quote unquote tapes happened back in midmay has been one we have been trying to get out of the white house. Is the president recording anybody in there . What kind of devices might there be. How can people be confident their discussion mays be private with the president and consistently we have seen no answers other than to elude to the fact the president will speak about it when he is ready. Might he be ready in two weeks from now, when he is promising a press conference and will take questions from reporters. We will see. I will tell you three weeks ago the president in two weeks promised a press conference and that one never materialized and a lot of folks are hoping the next one might. In what would be a monumental twist in the russia probe will the president stun the nation and turn it upside down and fire Robert Mueller. Think it could never happen . One of the president s lawyers not ruling it out. The president of the United States as we all know, a unitary executive, the president will seek the advice of his counsel and inside the government and outside. I wont speculate what he will and wont do. With me, chief investigator for political, i dont know if hes jumping on that fairly or not or in the know or not. The president is his own man and makes his own decisions. If the president did Something Like that it would be highly unusual not to mention hugely controversial. Absolutely, greta, it would be hugely controversial and create another selfinflicted wound. Lets not firing of james comey was because of the Russian Investigation. That didnt stop the russia investigation. In fact if anything added fuel with the appointment of this special counsel. No reason to believe firing muller would do anything other than tone down this investigation, in fact he is regarded as an institution deferential to institutions of power. You might end up with someone who is a little bit more aggressive towards the presidency and institution of the presidency if you replace him. Except one of the problems that has arisen is the fact that muller and comey are close. Theyre friends. This is a small town. Prosecutors know prosecutors. One of the things the president may say rightfully or wrongfully he wants someone not close to someone in direct odds accusing him of something which would not be so unheard of you wouldnt want someone to be investigating you if hes close to your accuser. Certainly. While the president can indirectly exert pressure to affect the firing of the special counsel, you cant do it directly. It would have to be the attorney general. The president could ask the attorney general and in this cases the actliing attorney general, Rod Rosenstein because the attorney general has recused himself, but special counsel rules say it would have to be for cause. You could just imagine the type of debate that would ensue if rosenstein fired comey sorry, fired mueller and if that cause was valid or not. If muller and comey ever socialized together or pald around together, i have no reason to think they have or not, this is a very small town, that might be cause enough. Farther down the road. Ken, thank you for joining us. Thank you, greta. With me, senator Patrick Leahy from the great state of vermont demanding republicans postpone a hearing with the Appropriations Committee until the attorney general sessions testifies. Good evening, senator. Good evening. Attorney general sessions was supposed to be a witness before the Appropriations Committee tomorrow. What happened. He said twice he would be there. Both times he went back. He was not there. It would be very unusual for the attorney general not to come and testify about his budget. I think hes very concerned about coming before us. I wish he would. He will go before the Intelligence Committee. If he thinks hes going to get tough questions in the Appropriations Committee he will get equally tough ones in the Intelligence Committee. His job as the attorney general is to come when summoned by the appropriations because your job is oversight over his budget, right . And we know theyre not spending some of their budget. For example, he fired all the u. S. Attorneys. 96 of them. None of that money is being spent. Hes talked about increasing the cost of our bureau of prisons by going after people involved with marijuana, of all things. We have a lot of questions we want to ask him. Do you want to ask him any questions about russia . That would be the first off question about russia because he didnt tell us the truth twice when he was under oath. Mistake or not tell you the truth . It wasnt truthful. He can call it whenever he wanted. He had to come back and say on those two occasions he did not tell the truth. Now we found things to indicate he had a third meeting. Lets find out under oath what it was, not what somebody thinks it was, lets find out under oath. Hes one of the few people that might appear under oath. Nobody nobody in gods green earth thinks donald trump will ever come up under oath. Attorney general sessions will. Do you think, by the way get back to this whole thing of the president , do you think there are tapes of the president s conversations with fbi director comey or is he playing cat and mouse dangling that in front of us . If there are tapes i would almost guarantee you it will corroborate what james comey said. Whether you agree with mr. Comey on one issue or another, he tells the truth. If he took contemporaneous notes then thats what was heard. Let me go back to this whole thing with attorney general sessions. You served with him here in the u. S. Senate. Theres a big difference between being mistaken and forgetting some meeting and intentionally lying. How do you decide which is which . If i was a member of a president ial campaign and had major meetings with the russians, i think i would remember. Jeff session is smart enough to remember. If he just met him in a holding room with 15 or 20 people, would you expect him to remember that . I certainly would especially if he was there for the campaign. Lets have him come here before the committee and explain. He gave us one answer before. He came back afterwards and said, look, that wasnt an accurate answer. I will recuse myself. When did he recuse himself . After he asked to have director comey fired for investigating the Trump Administrations ties with the russians. It becomes wheels within wheels. Do you think hes deliberately dodging you or a scheduling problem and he thinks you should be satisfied with his deputy . Theres no scheduling problem. We asked him to come. He agreed two other times. We asked him to come tomorrow morning. Hes not testifying before intelligence until the afternoon. He could easily come. So hes dodging you . Well, he certainly isnt coming even though he said three times he would, hes not going to be there. Senator, thank you for joining us. Nice to see you. Still ahead i talk to a former independent counsel. I want to know what would happen if the president did try to fire the special counsel. And the perjury trap is part of this. And a new lawsuit filed against the president and a court of Appeals Court told him unanimously he is wrong about something coming up. All that and the one thing the entire trump cabinet can agree on. Stay with us. You totaled your brand new car. Nobodys hurt, but there will still be pain. 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Never has there been a president , with few exception, in the case of fdr, he had a major depression to handle, whos passed more legislation and done more things than weve done between the executive orders and job killing regulations terminated. It got a tad bit weird, the president going around the table and each or his cabinet leader take his or her turn to butter up the boss, the president. On behalf of the entire senior staff surrounding mr. President we thank you for the opportunity and blessing youve given us to serve the American People and your agenda. What an incredible honor it is to lead the department of health human servicess at this time. Mr. President , thank you for the honor of being able to serve. I apologize for being late to work. About four months i got bogged down in that swamp. But while all that looks rosy today in that room, tomorrow may look very different when cabinet member attorney general jeff session is on the hot seat before the senate Intel Committee unless the president asserts executive privilege, sessions will testify on russia tomorrow. And brad sherman drafted articles of impeachment on donald trump and plans to raise it on the house floor. Joining us, howard, it looks like everything was rosy in that cabinet room. I cant speak for mike but i want to say what an honor and perspective limit is to be here with you. Youre doing such a superb you guys are great guests. It was absurd. It looked like to me something out of north korea or the soviet bureau. Get that the president feels he isnt being treated fairly. A couple things. First of all, having everybody go around the room like that did look a little soviet, at least to me. In terms of actual legislation, they havent passed any and hes ordered, Reince Priebus as chief of staff to basically shape up or ship out, which would indicate to me he isnt really pleased with the actual amount of progress theyve actually made. There is a report from political that Reince Priebus has until july fourth to clean things up. They have denied it and spicer has denied it. Is there anything Reince Priebus could do . Its not at all clear. We have heard stories Reince P