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Robert mueller made clear he filed the justice department's legal opinion, the president cannot be charged in office. attorney general barr says mueller could have said the president obstructed justice. >> i personally felt he could have reached the decision? >> in your view, he could have reached a conclusion. the opinion says you cannot indict a president in office but he could have reached as a decision as to whether it was criminal activity. he had his reasons for not doing it, which he explained, and i'm not going to argue about those reasons. >> he seemed to suggest yesterday there was a...

Suggested the ball is in congress' court to hold the president account being. he seemed to suggest yesterday there was another venue for this and that was congress. >> well, i'm not sure what he was suggesting but the department of justice doesn't use our powers of investigating crimes as an adjunct to congress. >> sandra: here now andy mccarthy former federal prosecutor and fox news contributor. i like matt gates and juan williams but i have questions for you. we are moving on with you, randy. can you tell us what this eventually would look like? if democrats were to go down this path and pur...

That you cannot indict a president while he is in office. but he could've reached a decision as to whether it was criminal activity. >> not making a decision whether there was criminal activity, mueller suggested that there was plenty of string for congress to pull on. >> the constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing. >> i'm not sure what he was suggesting, but the department of justice does not use our powers investigating crimes as an adjunct to congress. >> adding fuel to democrats because to begin impeachment...

Heads of the department to reach that decision. >> he seemed to suggest yesterday that there was another venue for this, and it was congress. >> i'm not sure what he was suggesting, but the department of justice does not use our power as an investigating crime as an adjunct to congress. >> bret: attorney general william barr with cbs saying that he thought robert mueller could've come to a conclusion one way or another with obstruction of justice but he did not, so barr did. we will start with judicial analyst judge andrew napolitano hello, susan page, and charlie hurt, opinion editor for "the...

Venue for this and that was congress. >> well, i'm not sure what he was suggesting, but, you know, the department of justice doesn't use our powers of investigating crimes as an adjunct to congress. >> that's the sound of a very smart, very informed lawyer claiming to be confused, unsure. he just doesn't get what mueller suggested yesterday. that is a tell. by proclaiming his confusion, barr can claim he's not even really taking a position, that mueller's remarks went over his head. but all mueller did was quote the doj's own rule that the president's employees don't accuse him of wrongdoing. ...