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Amount to an incapacitation." in plain english, please do not indict a sitting president. that was the opinion of the department of justice in 1973. 27 years later in the year 2000, the same office of legal counsel doubled down on that opinion. quote, the indictment or criminal prosecution of a sitting president would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions. the question of whether a serving president can be indicted came up again this week with president trump playing an unindicted role in a pair of felonies to which...

Could put him in greater legal jeopardy, so why do that? >> because it was stupid. >> technically speaking. because it was stupid. i got it. >> look, you can't always seek explanations for the president's behavior and some form of higher rationality. i mean, there is clearly a pneumonic tick going on here. he is fulminating. obsessing his mind. this is the risk for any administration, a president whose every stray thought goes to twitter. some i think clearly amount to attempts to obstruct justice. he is digging a legal hole for himself that's going to be very deep. the issue, however, is this...

Sometimes involved. this is a very polarizing idea. she is just getting straight to the point here. >> bill: a lot of people are talking. nice to see you, carley shimkus. >> bill: this is giuliani claiming special counsel cannot indict the president. the reasoning behind that is straight ahead. well, here's to first dates! you look amazing.

John hileman, the former attorney general says the obstruction of justice case is there against the president. >> obviously important eric holder thinks that. many people on the right will dismiss it because it's ash. >> it eric holder. >> yes. people must sai stop saying that robert mueller cannot indict the president. >> i've never said it. >> we have in the watergate era and the clinton era. we have hypotheses about whether or not the sitting president can be indicted or prosecuted. they're all theories, you can make credible arguments on both sides. none of them have been tested in the mod...

The client. they would say we recommend you negotiate and go for some plea agreement. >> they're get ago divorce. when the books are written we'll find out. john hileman, the former attorney general says the obstruction of justice case is there against the president. >> obviously important eric holder thinks that. many people on the right will dismiss it because it's ash. >> it eric holder. >> yes. . people must sai stop saying that robert mueller cannot indict the president. >> i've never said it. >> we have in the watergate era and the clinton era. we have hypotheses about whether