Transcripts For MSNBCW Up With David Gura 20190420 : vimarsa

MSNBCW Up With David Gura April 20, 2019

A subpoena to see the whole thing. Saying that barr spun or mischaracterized. He lied. And new details of the backlash within the west wing following the Mueller Report. Who is the president blaming and who stood by their man . Don mcgahns recollection is wrong . Im not saying that something didnt happen. Im saying its far different than its been described. Some are questioning whether President Trump really we wro his own answers for the Mueller Report. I have reason to believe that these responses were not actually written by donald trump, because, um, theyre written. Thats it. Now up with me this Morning National security car correspondent for politico natasha berstrand. And assistant u. S. Attorney, barrett berger. And glen kershner. For two years americans have waited for the conclusion of Robert Muellers russia investigation. For nearly a for attorney gener william barr to complete his review and release his redacted report. This morning the Mueller Report is tewest bestseller about the interworkings of the Trump Administration. As americans digest the findings, the focus now shifts to Congressional Democrats to decide what comes next. Robert mueller was not able to establish a conspiracy between the Trump Campaign and russia to interfere in the election. But he did lay out a road map outlining ten instances of possible obstruction of justice by the president. The question for democrats is will that road lead to more congressional hearings and investigations, or will it lead to the iword, impeachment. So far democratic responses on how they plan to hold trump is accountable have been all over the map. Jerry taking a wait and see approach. Reporter when you see this congress is responsible to hold the president accountable, does that mean impeachment . Thats one possibility. There are others. We obviously have to get to the bottom of what happened, and take whatever action that seems necessary at that time. Its too early to reach those conclusions. Its one reason we wanted the Mueller Report. We still want the Mueller Report and well want other evidence too. House intelligence commi he path to impeachment is a nonstarter with the republicanheld senate and is riddled with political land mines that could have fallout for the 2020 election. An impeachment proceeding cannot be successful if one Party Decides theyre more loyal to the president and the constitution or the party. Thats a problem. While warre leading it as a point of principle. There are times when its beyond politics, a point of principle to stand up and say no president can do this, because it matters not just for this president. It matters for the next president and the president after that and the president after that. In a letter to House Democrats, nancy pelosi writes the caucus is scheduling a Conference Call for monday to discuss this drive matter. You can expect a spirited debate she concludes with congressl not be silent. The question, of course, is what congress will all right. Lets talk to my panel now about this. Let me start with natasha. The lack of clarity of what was in that report has now created an issue. Because the road map is not entirely clear. 14 legal rrchss of cases that could continue. We have democrats in different places about what to do next. Thats right. I think they want to see the full unredacted thing before they take any steps forward. Thats the position of many of the me mainstream democrats, especially in leadership. Wr whereas others are saying regardless of what the redacted material says, theres enough in the report to show the president tried to obstruct justice, aided and abetted russias attack on the election by not going to the fbi and telling them about the russiarelated contacts the campaign was having, by not acknowledging the fact that russia was attacking the election and by praising Vladimir Putin when he was pursuing the multiple dollar deal in russia. He was acting in his own best interest. Theres a lot we already know. Thats the argument that the democrats on the other side are making, that if we dont hold the president accountable for this, then what is the press dont going to be that were setting here. The question is also you know, the conviction, i think, is on the republican side right now, the conviction is not there with the democrats. The conviction with the republicans is this was spy gate. We need to launch investigations into whether the fbi acted properly. The conviction is not unified with regard to impeachment. I think they need to come up with a strategy here otherwise its going to be a divisive moment. Im looking at a response from mitt romney, for instance. Hes one who has sort of said hes very troubled by the degree of lawlessness and things that came from levels as high as the president. An indication. He didnt say what anybody should do about it, but there was an indication of frustration of the sort that is leading some people to talk about impeachment. Mitt romney is not doing that, but others are saying there was a lot of wrong doing. Theres no way to read that report and not find lots of wrong doing. Including the mitigating events where people stop the president do. The argument here is it legal or is it solely political . So i think the difference that we have to keep in mind is the standards for what is legally required to actually charge somebody with the crime of obstruction of justice. You have to prove this beyond a reasonable doubt. Thats the highest threshold there is in the criminal Justice System has it should be. On the political side, its a different standard. And its a little bit more emorphous. Were talking about different standards. As prosecutors and glen could probably attest to this too, were somewhat used to this consent of there are things that are bad. There are things that are moral. There are things that are unethical that are never able to be turned into crimes. That just have to be left out there as something thats bad, something that happened, something that maybe you have evidence of but you cant charge it as a crime. Whether it reaches the threshold of something thats impeachable, im not sure. Thats up to congress. We know mueller at least did not think that it rose to the level of a criminal case that he could bring. Don, even if it could rise to the level of impeachable, its a political outcome. If republicans dont support it and theres zero indication that. S will support an impeachment effort, whats the cost to republicans of pursuing it versus the cost to democrats . To democrats, thank you. Versus the cost to democrats of not pursuing something that feels so unjust . Ultimately Robert Mueller laid out evidence of a crime. Its a crime that wasnt carried out to completion, but attempted obstruction is certainly a crime. So the cost to democrats of pursuing it is certainly the 23 to 25 seats in the margin that are somewhat attainable by republicans. But its also the more progressive wing if you dont pursue it. The conversation has shifted and will shift over the next week squarely from legal to squarely in the political realm. Theres a severe cost to democrats. But i think that and im pretty much a moderate on impeach or not. I think at this point you have to impeach. You have evidence of a crime. Ten instances or so of attempt laid out. If you dont impeach, then youre looking at a situation where unprecedented conduct by a president will go unchecked. Thats the argument that the tom steyers and elizabeth warrens are making. It doesnt matter if the senate convicts or it doesnt matter about elections in 2020 for the presidency or the sake of the house. Because we dont as voting base, we dont send them up there to protect their own seats. We send them up there to protect the country. I think you have to impeach. When don says it moves squarely from the legal to the political, whats left on the legal side . There are these 14 charges that have been referred. If it goes to a district, they can pursue things without the same limitations that the Mueller Report had . A lot is left. We learned from appendix d to the report a lot is left on the. There are 14 cays and investigations that have been referred out as a career prosecutor, how do i see that . 14 potential corporating witnesses who can perhaps provide Additional Information about the wrong doing of others. But i agree with don. I mean, i dont think i think impeachment is reallynow. Its a moral imperative. And heres why, ali. Because when you think about what donald trump did, first of all, we know courtesy of Michael Cohens plea that he paid off porn stars and play mates in order to try to rob the people of the full value of their vote. He committed crimes to acquire power. We know from the report that he committed probably 6 to 10 obstruction of justice offenses to obtain power. Now if the congress declines to act, if they decline to open impeachment hearings, it will be to acquire power and ultimately retain power. And i think if they do that, we as a country are lost. You know, my favorit juniors, e arc of the moral universe is long but it bends toward justice. I think if the democrats and congress generally declines toe will be perverting that to the arc of the moral universe is long but it bends toward political expediency. We cant let that happen. Is there an argument its getting election . I think thats the argument the people like adam schiff and pelosi make which is that the democrats will get too far ahead over their skis and the appetite among the democratic bas is not there for this. Theyll lose support among perhaps independents who dont want to see these kind of impeachment proceedings overtake everything in the next year and a half. But so the ultimate argument there would be we need to do everything in favor of beating donald trump in 2020. This is not going to help us. But yet again, i mean, impeachment proceedings not just something that would be designed to remove the president. Theyre also its own investigation with resources and dedicated staff that could hold the president accountable perhaps in a way that regular oversight hearings could not. Thats another argument. Thank you to all of you. Coming up, they protested in front of the white house and in the streets demanding action. What are Congressional Democrats prepared to do to get the full unredacted Mueller Report . Congresswoman madeline dean joins me later in the hour. First the mysteries in the Mueller Report. Well take a crack at the other investigations that remain a secret. T remain a secret i cant tell you who i am or what i witnessed, but i can tell you Liberty Mutual customized my Car Insurance so i only pay for what i need. Oh no, no, no, no, no, no, no. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. Thanks to priceline working with top airlines to turn their unsold seats into amazing deals, sports fans are seeing more away games. Various yeahhh isnt that a fire hazard . Uh, its actually just a fire. Priceline. Every trip is a big deal. With venus, youre in charge of your skin. So, write your own rules. Because no one gets an opinion on why you shave or how you show your skin. You wouldnt accept from any one else. So why accept it from your allergy pills . Most pills dont finish the job because they dont relieve nasal congestion. Flonase allergy relief is different. Flonase relieves sneezing, itchy, watery eyes and a runny nose, plus nasal congestion, which pills dont. Flonase helps block 6 key inflammatory substances. Most pills only block one. And 6 is greater than 1. Start your day with flonase for more complete allergy relief. Flonase. This changes everything. Welcome back to up. While the president celebrates his trump has been vindicated tour tweet tour in maralago this weekend, we wanted to break down some of the inner findings of the Mueller Report. Of particular interest glen mentioned this a while ago, section d4 year the end of the document, the special counsel pointing to 14 instances of, quote, potential criminal activity, end quote that were uncovered over the 22month investigation and handed over to other offices within the Justice Department. Only two of those are known to the public. Michael cohen, the former trump fixer and lawyer expected to begin his prison sentence in may and gregg craig, the former Obama White House counsel who had overnight had an august trial date set after being indicted for lying. The rest, the other 12 were redacted on the grounds that releasing the details would cause harm to an ongoing matter. Lets register this. 12 other people may have charges brought against them for things having to do with what mueller was investigating. My panel is back. Were joined by melissa murray, professor of law at nyu and former law clerk to justice sonya sotomayor. I want to bring up a tweet that weve just seen from the president which he says the Fake News Media is doing Everything Possible to stir up and anger the polls and as many people as possible. Seldom mentioning the fact that the Mueller Report had as its fact that there was all capitals here, no collusion with russia. The russia hoax is dead. Appreciate it, mr. President , that youre watching the show this morning so we want to take this up for you. Melissa. If there were an answer on my exam, it would get an f. Thats not what the Mueller Report established. It said there was actually lots of evidence of the russians being involved in the election, sweeping infiltration to the election. It said there was insufficient evidence to establish there was coordination with the trump organization. As the guest said before, thats a high bar for a criminal activity. You have to prove this beyond a reasonable doubt. There wasnt enough evidence to establish it beyond a reasonable doubt. Not that it happen. How common is this when a prosecutor decides not to move against somebody in pursuing charges that that person then claims theyre exonerated . I mean, it does happen. You would hope that in that situation they would go quietly into the night because the last thing you want to do is poke the beast, but it does happen. I think anyone who has been through the rigor of a criminal investigation and there are no charges brought against them probably has the desire to stand on the courthouse steps and yell it to the public saying im cleared, but as we all know and said just because youre cleared from criminal charges doesnt necessarily make you innocent, and it doesnt necessarily make you immune from future political accountability from congress. But glen, donald trump doesnt seem to care. This is actually one of the milder things wooes tweeted over the last few days. He tweeted there was no collusion, no obstruction, because there was no underlying crime, something bill barr continues to put out there. Most lawyers tell me its just a poor conclusion to draw. Nobody can accuse the president of tweeting accurately or truthfully. Everything he does is nonsense, quite frankly. But to your point, ali, youre right. You can obstruct justice even if there is no underlying crime. Lets assume were owl on a board of directors together and the fbi is iting wdirectors. Lets assume that i then, ill be the fall guy. I start paying people off to lie to the fbi because i dont want the fbi to look into and expose what weve been doing as the board of directors. And then the fbi concludes you know what . Theres not enough evidence to charge any of the Board Members with crimes. Guess what. Ive still committed the offense of obstructing justice because i paid off witness to lie to the fbi during an official investigation. Thats sod and what has now bee exposed is he obstructed justice. And theres no such thing as attempt to obstruct justice. Because obstruction of justice is defined as actually impeding an investigation, or attempting to impede an investigation. So theres no he obstructed justice. Plain and simple. The fact that others stopped him from doing it is not a legal defense. And thats why when the olc memo says you cant indict a sitting president because you can impeach him, now thats where we are. You cant say weve found ten crimes but were not going to bother impeaching him. And going back to the collusion aspect of this, we may not expect the president to tweet things that are factual and accurate, but we should expect more from the attorney general of the United States, and during his press conference that he held two hours before the Mueller Report was released, he echoed the president s climbs here pretty much verbatim. After two years the president was right, there was no collusion. But when we look at the report which we didnt get to see and mueller says he did not consider the question of collusion because that is not a legal term. He looked at this through the frame of a conspiracy. Maybe the president is not a great legal mind, but bill barr has been in the department of justice and has been a lawyer for his entire adult life. His family works in doj. His soninlaw now works for the white house legal better. I think that was a political moment. It was clear, and for him to say that there was no collusion was extremely misleading. Bill barr didnt come out of nowhere. This guy has done republican, hes carried republican water for a long time. Its a little puzzling that he wrote this long memo unsolicited from the Mueller Report and then he becomes attorney general and then he does something that seems to have mischaracterized the Mueller Report. Its a great question. I think were trying to figure it out. I think it became clear that when he his writing the 19page memo about the idea the president cant obstruction justice and the inquiry was misguided and his behavior in the press conference were not divorced, he also interviewed to be the presi

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