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Was considering blanket pardons for january 6th riots rioters. according to politico, between january six and joe biden's inauguration, trump made calls to discuss the idea. do you think i should pardon them? you think it's a good idea? do you think i have the power to do it? that is according to the source. another adviser told politico about how participants in the right might be charged criminally and how a uniform pardon might be -- is it everybody that had a trump sign or everybody who walked into the capital who could be pardoned, trump asked, according to that advisor. he said, some peo...

From pretrial detention in texas to a prison facility in washington d.c.. in his testimony, which lasted for six hours -- his lawyer says that he invoked the fifth amendment but talked extensively about history of the oath keepers. i am sure they were most interested in the stuff that criminal lawyers wouldn't want to let him answer. he mentioned communications with groups like the proud boys, and questions about funding for january 6th events. his testimony comes on the day that we learned donald trump was considering blanket pardons for january 6th riots rioters. according to politico, betwe...

And tax evasion. and the second case the framers had in mind, the one that's more important in the federalist papers, is the idea that you might have a rebellion or a riot, and you need to pardon people in order to restore peace, like the end of the civil war and reconstruction when president lincoln and president johnson issued blanket pardons. that's not even close to -- >> you don't think there would be a riot now considering how divided the country is, if he pardoned all of those people or if he got rid of mueller? >> oh, no, no, my point is that you would only issue a pardon if there had ...

That would be misuse -- >> how would you know at this point because it's early on? how would you even know? and you're saying it has to do with crimes that deal with money and so on, but he's not finished with the investigation yet. >> yeah, that's exactly my point. i quite agree with you, don. the pardon power is really only for two cases. one is when the law seems harsh. that doesn't seem to be present here. it doesn't seem like the law here calls for excessive penalties for money laundering and tax evasion. and the second case the framers had in mind, the one that's more important in the fe...

Picking parts of the constitution when it's convenient for the president's agenda. >> i've got to go. >> unlike those gun control debates where the proposed solutions wouldn't solve the underlying problem, if we didn't have this visa program -- >> sir, it would. >> -- the terrorist wouldn't have been here. >> it would. when we come back, why some republicans are urging president trump to issue blanket pardons in the russia investigation. and a former member of the george w. bush justice department says while that's technically legal, it would be a very bad idea. complete the job with listeri...