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Investigation of questionable motives and purpose. >> we're setting a dangerous precedent that will have a chilling effect on the rights of private citizens in the future. >> if you can't take the constitution, go to russia. >> protect america and protect democracy. >> this is a time for courage. >> take back your party. you can start by holding steve bannon accountable. good afternoon. i'm garrett haake in washington in for hallie jackson. and our nbc news team is here as well. ally voir dire tally is on capitol hill. we're joined by barbara mcwade, u.s. legal analyst and attorney. and jake...

So, those are all the sort of things they have to take into account. >> barbara, can you pick up on that point there? how would a prosecutor view that question of precedent as they're trying to decide whether or not to move forward? >> i think pete is right to show those as the pros and cons of going forward here. the principles of prosecution, which merrick garland preferred to earlier, say that prosecutors should analyze any legal question this way. is there probable cause a crime has been committed. is it probable a crime was committed to sustain a conviction. i think you have a clear case ...

Maddow on wednesday. >> the judge did something that's very, very rare. she's reporting all nine of these to the michigan attorney grievances commission and to the disciplinary authorities of the states of the outer state attorneys came from. this sends a critically important message. it tells lawyers that they don't have the right to just say or do anything they want. that's not what the privilege of practicing law is about. as an attorney we're subject to rules. we're subject to statutes, and we are subject to a set of ethics and rules of civility. and all these lawyers violated those rules ...

Or even permanent disbarment. judge parker was scathing in her opinion. she wrote that the lawsuit was, quote, not about vindicating rights in the wake of alleged election fraud. instead, it was about ensuring that a preferred political candidate remained in the presidential seat, despite the decision of the nation's voters to unseat him. unquote. joining us now is msnbc legal analyst, barbara mcwade. she is the former u.s. attorney for the eastern district of michigan and a professor at the university of michigan law school. professor, i love your thoughts on this, particularly in light of th...

Keeps criming as barbara mcwade would say. it is doing the very same thing robert mueller said, 150 contacts between russians and the trump campaign. different from whether he had sufficient evidence of conspiracy. but remember that one of the things he said explicitly in the report is people lie to us. people destroy documents. he didn't say exonerated. he said people made it hard for us to find evidence. that's exactly the other article of impeachment, which i keep wanting to remind people of. what donald trump did in october is to go on television is say, yeah, china, i want you to do. in f...