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Power to act unconstitutional. there'll be congress and senate that say no unless you show us bribery, treason and high crimes of misdemeanors. >> allan, i think it's pretty clear in federalist 65 from hamilton that if there is a sufficient number of factors that lead to an abusive office that fits definitionally the high crimes and misdemeanors -- >> i agree. >> then it's an appropriate referral. >> i agree with you. i think mind is merely treated -- for the w waybill clinton offered sex. >> that's right and i think the trajectory that mueller will follow as he puts together all

Of these pieces to see whether they get to an abusive power or they don't. >> let me ask you a question, is his job as authority to gather information for impeachment or only as a special prosecutor to come up with evidence as an indictable and process accusatory crime. what is the role of special counsel, can he come up and direct his investigation toward impeachment whether or not toward what the justice department does, indictment and prosecution. >> so the answer to that might be if he decides he wants to prosecutor president trump, that the only way he can prosecute him is if he's impeach...

Said he said, with comey who's one of the most credible people in america you just don't do that. you don't tweet all day and all night and you listen to your lawyers. but it's very hard to get president trump to listen to his lawyers. he got nominated because of his tweeting, he got elected because of his tweeting and he's not going to stop now. any lawyer that represents him is beginning to have a real real challenge. >> in fact david to allan's point, i wonder whether or not when the president said in that press conference that he would 100% give testimony under oath whether marc kasowitz s...

Comey admits to being an anonymous leaker. in his testimony he revealed he gave a memo documenting the conversation with trump to a friend he shared with the "new york times." the president's attorney fired back saying comey should be investigated. let's bring in michaelcele den, former special assist to robert mueller at the justice department. allan to you sir, is james comey a leaker and is what he did illegal? >> everybody wants to punish everybody, we're going overboard. the democrats want to prosecute trump, even though there's no evidence of any crime. the democrats want to prosecute tr...

They might otherwise not been able to do had they just executed their lawful authority under the constitution as they did in the firing of director comey. >> absolutely right. and with director comey who in his testimony agreed with my point, he said the president had an absolute right to direct him to stop investigating flynn and he had the absolute right to fire him. i think it follows if you simply exercise your constructional right, don't lie, don't destroy evidence, don't bribe people, that pld be unconstitutional particularly in the ab sesence a real statute -- even if you disagree to th...