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Happens. usually it's dealt with administratively. people have shown examples where an fbi or doj employee has been found to have committed sexual assault, sexual harassment and lied about it, and they were not criminally prosecuted. this is something andrew mccabe doing something he's allowed to do, having lack of candor about it and being prosecuted for it, it's highly unusual. >> katie, you have applied your byline to another news piece tonight in "the new york times." there's the headline, "justice department to honor team that worked on kavanaugh confirmation process." the justice departm...

Is about and why mccabe might have gone public in such a public way. >> of course. so you have to go back in time to the russia investigation. andrew mccabe was the number two fbi official. he was overseeing that investigation, and certainly that's something that made president trump extremely unhappy. during the course of the investigation, during the course of the hillary clinton investigation as well, which mccabe was deeply involved in, andrew mccabe authorized people to speak to the press. in interviews with the fbi when that was investigated, he was found to have lacked candor about that...

Go back to the grand jury again, try to get 12 out of 23, or to convene a new grand jury, dismiss this grand jury. could they be accused then of prosecutorial impropriety? what would be the standard here if they keep going at it and going at it? especially because this kind of charge, misleading them over leaks to a news reporter, could have been handled administratively, it didn't have to be a criminal case, right? >> correct. and i think your point, andrea, is that for the government to expend taxpayer dollars to try over and over again to get an indictment, in a case where typically what th...

In itself. others say that in order to preserve the fbi, this is something that needs to be prosecuted. and so today we learn from a source familiar with the decision that now deputy attorney general jeff rosen said, no. in fact, mccabe cannot appeal to avoid criminal prosecution. imminent. but we understand there are still a lot of moving pieces in all of this, but it's something that we're preparing for here. and it's something that we can see both sides interpret through their own lens as this comes closer to a case. >> mike schmidt can you speak to what appears as a twisty turvy day? let m...

Out. >> i think it's pretty easy. i can't understand why somebody would say something like that. universal background checks, 90% support, they can be done. i'm in a pretty strong second amendment state here in pennsylvania. we have something close to universal background checks and we did this in the 90s with republican legislature and a republican governor. it will not infringe second amendment rights. red flag law, everybody agrees we need to do something there. civil libertarian concerns that have to be addressed. that can be done. we can talk about raising the age to buy firearms to 21 in...