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Prosecution, they'll never submit to the jurisdiction, come to this country so they're never prosecuted. so, therefore, do you use a lower standard for indictment because in the back of your mind i'm thinking i'm never going to have to prove this beyond a reasonable doubt, or given the visibility of a case like this and the importance of it, do you use a higher standard for indictment? >> i think the justice department's practice is the right one and it's the ethical norm to which all federal prosecutors are sworn to subscribe, which is the only time you can bring a criminal case is if you are...

Repercussions for an indictment like this but they would do it in order to show russia that they can see everything they're doing and it's not going unnoticed and they think that might protect them going forward in future elections. >> ron cline, one of the considerations you can imagine in some other administration is that other administration would have taken some sort of action against russia for doing this and, therefore, not welcome the indictments because they have another way of dealing with this. we have pretty clear public information at this point that this administration has done ab...

The white house to determine if a course of action should be puffer sued in a case. here because of the context which we're operating because the president himself is the subject of an investigation it creates a difficult situation to figure out a platform for having those kinds of conversations. >> julia, your reporting has some information about the complexities that paul fishman was just talking about. tell us what you learned about how the special prosecutor is approaching what is really a complex decision whether to indict or not, in this situation, no matter what the evidence is. >> that...

>> it's possible if an indictment is brought. but it's no longer justice department policy to name unindicted coconspirator as a general rule. but i think the interesting question is there's a certain category of cases that the justice department investigators which it's clear for there to be any political involvement whatsoever. a bank robbery case, insider trading case. but a case where the justice department is involving bringing national security, implications for foreign relations with other countries, cases in which there would be implications for intelligence gathering and sources and t...

Like that in a case like this. if you think back to when this investigation started, back before bob mueller was appointed, the one crime that everyone knew had been committed was the hacking of the dnc. so it ap not surprising at all i think that bob mueller's charter has included trying to figure out who's responsible for the hack, who's responsible in russia and whether anyone in america was a coconspirator before or after that hack occurred. >> thank you all for joining the discussion tonight. really appreciate it. coming up, today's episode of white house chaos, the president surprised ...