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The bribery standard. since that decision in mid november for mistrial, federal prosecutors have been weighing whether or not to bring senator menendez back to trial. today, they have decided they will go back to this, that they will retry senator menendez. the justice department just announcing this. i'll read you part that have irstatement. they say the conduct is serious. the decision to retry this case was made based on the facts and the law, following a careful review. they say the charges are merely accusations and that the defendants are innocent until proven guilty. this was a difficul...

Our justice correspondent is here. tell me more, jessica. >> federal prosecutors saying they're going to give it another go when it comes to prosecuting new jersey senator bob menendez. back in mid november when juror, the second round of jurors, were hung. they told the judge they couldn't come to a decision in this case. it was an 11-week trial that involved numerous charges against senator menendez, including corruption, bribery. basically senator menendez's friendship, relationship with a doctor was inappropriate investigators say. stays in luxurious hotels in paris all in exchange for som...

Will retry senator menendez on these bribe ry, corruption and honest service charges. brooke? >> jessica schneider, thank you. back to our breaking news on the government shutdown. senator tim kaine from virginia talking about the meeting that just wrapped up between the president and minority leader chuck schumer. listen to senator kaine. >> budget deals that tell you where we're going, provide certainty and help everybody. that's what we owe to our troops, to the federal employees. we can get there. we're close enough we can get there. >> do you think we can get a budget deal in the next t...

The tweet over the weekend where the tweet said he fired him because he had lied to the fbi and, remember, it was the day after he had fired him that he said to comey, go easy on this investigation. i think that's a serious question. all of this legal discussion, there's a subtly here that i think is important. john dowd and other lawyers for the president have asserted he can't -- nothing he does is legal. the nixon defense. >> exactly the nixonian defense. >> i think what they're missing, there's a two-step process. whenever i have a question about the constitution or what it means the first...

Senate, too. >> let me give you an example. suppose a member of al qaeda walks into the president's office and says here is a suitcase full of cash. pardon someone who went -- >> that's such a simple, obvious case. he's guilty of bribery. >> so? >> you can convict of president of bribery. you can convict the president of telling witnesses to lie. what you cannot convict the president of is simply and merely exercises his article ii authority by pardoning somebody or by firing somebody. that's my point. you cannot do that. you may be able to i preach him for misuse of his power but you cannot p...