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Head of the fbi. he was crazy. a real nutjob. i faced great pressure because of russia. that's taken off. and even though the president pushed back against any obstruction implications in june -- >> in the meantime, no collusion, no obstruction. >> reporter: the president's lawyers are now asserting a new defense, the president cannot obstruct justice because he is the chief law enforcement officer under the constitution's article ii and has every right to express his views of any case. this pushback by the president's lawyer that a president cannot obstruct justice, well, it's still an open q...

Morning. listen. you cannot charge a president with obstruction of justice for exercising his constitutional power of fire comey and his constitutional authority to tell the justice department who to investigate who not to investigate. that's what thomas jefferson did, lincoln did, what roosevelt did. we have presidents that clearly establish that. >> so much to dig into here. i'm joined by stanley pottinger from the civil rights division under nixon and ford administrations, involved in the watergate investigation. so many questions to get at. tweets, the policy, if someone implies they broke...

Refuse to testify. i think it was a very bad thing. i think it is a very good thing that the state attorney general is now involved because that is something the president cannot obstruct. and he cannot impede it because he has no power against the state. so that's -- that's a good thing. and i think that they should work together zbloolgts jeremy -- that's really the first salvo of that sort. because there are a number of states that can claim some sort of harm if this is still having to do with the russians attempting to intervene in american elections. there are a number of states targeted ...

What do you make of the fact that possibly robert mueller is working with new york attorney general eric schneiderman. >> i think it is a message. i was appalled by the pardon in and of itself. you are forgiving a contempt of court which cannot enforce judicial proceedings if it can't hold a witness in contempt or a defendant in contempt. and it was for violating civil rights. it's bad in and of itself. but i heard it definitely as a message, hang tight, don't worry. you may lose the fifth amendment privilege because i'll pardon your original crime. but i'll also pardon you if you refuse to te...

You are forgiving a contempt of court which cannot enforce judicial proceedings if it can't hold a witness in contempt or a defendant in contempt. and it was for violating civil rights. it's bad in and of itself. but i heard it definitely as a message, hang tight, don't worry. you may lose the fifth amendment privilege because i'll pardon your original crime. but i'll also pardon you if you refuse to testify. i think it was a very bad thing. i think it is a very good thing that the state attorney general is now involved because that is something the president cannot obstruct. and he cannot imp...