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Indictable. the third alternative was vice-president indictable, president not indictable. the only way to handle that situation, that context was a determination that the vice-president but not the president was indictable for the simple reason that the nixon white house would not have allowed richardson to indict agnew in a context where it was a precedent for potential indictment of richard nixon. so the white house didn't want impeachment because they were afraid if impeachment proceedings began against agnew, they would also roll in nixon. >> every day we talk about wait till we see the m...

Later today the senate will hold its confirmation vote for president trump's attorney general nominee william barr. joining us now, tim baker and ron lieberman, who were federal prosecutors in the u.s. attorney's office in maryland during the 1970s investigation of vice president spiroing agne. they write "when newspapers began to report that he was under criminal investigation in the summer of 1973, agnew aroused his base by screaming "witch hunt" and launching a vicious assault on the lying press and the partisan justice department and the biased and liberal democrat prosecutors in baltimore...

Generals, after getting attorneys general, you're supposed to say, after getting rid of mitchell number one, then getting rid of kleindienst, nixon did need another attorney general, that's how he got attorney general number three elliot richardson. and elliot richardson had a remarkable tenure as attorney general. i did that podcast bagman about elian richardson's role in securing the resignation of nixon's vice president, spe spiro agonew, a total freaking crook, apart from watergate. nixon and his attorney general, they put together just an airtight slam dunk criminal case against agnew for...

Of evidence prosecutors had assembled against agnew to get him to resign. to get him out of the line of succession, and then ten days after that, ten days after richardson got agnew out of office, richardson's tenure as attorney general was over as well, although he at least got to leave with his head held high. after the previous bad endings of both of nixons first two attorneys general, elliot richardson had promised as part of his confirmation hearings that he would appoint an independent special prosecutor to oversee the watergate investigation, and he promised the senate during his confir...

Themselves in at this moment had they're thinking an unthinkable thing, what do we have the power to to? >> you remember in the agnew/nixon era, elliot richardson was the grown up in the room who talked to the young prosecutors and steered it through. who's the grown-up in the room now? rod rosenstein is departing, and by all accounts is a person devoted to justice. does he know something we don't about the state of this investigation right now? >> and jill, there's that quote that michael schmidt reported, right, about rod rosenstein, which was extremely controversial at the time. do you want...