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Sentencing. i won't comment on him. i think people have heard my comments in the past. >> bergdahl's lawyers argue by referring to his earlier comments the commander-in-chief has jeopardized their client's ability to receive a fair sentence by the court known as unlawful command influence. >> basically the idea is if someone higher in the chain of command than the accused sends some kind of a message, a signal either direct or indirect to the decision makers, that that would be a violation of due process and it can be used as a defense. >> some legal experts say the president's harsh comments ...

Would be called undue command influence on a judicial process. number two, i know senator sessions. i don't agree with him on everything, but that man has treated me with nothing but respect and dignity in my relationship with him. so this is a great sadness. then finally, don, and this is probably the most important point. you have the president attacking his attorney general because in the eyes of most people, the attorney general did what was expected of him for the ethical demands of his profession. now, don, if i'm the director of national intelligence, if i'm the director of the central ...

>> joining me now, jeffrey smith, the former general counsel for the cia, and amy jeffress. amy, let me start with you since you worked at the department of justice. i want to talk law for a second, and we're in a weird area of law in which, you know, the president sits in a different kind of legal environment than normal citizens because the resource is essentially impeachment. but is this obstruction of justice on its face if what comey says is true? >> so i would use a different term, and to bore rrow from the military justice system i unlawful command influence. anyone that has served in t...

Kind of legal environment than normal citizens because the resource is essentially impeachment. but is this obstruction of justice on its face if what comey says is true? >> so i would use a different term, and to borrow from the military justice system i unlawful command influence. anyone that has served in the military understands it is unlawful for the commander to influence. that's because justice requires independence. the same is true for the justice system. it needs to be independent of influence from the president and from the white house generally, which is why there's specific proced...

Behavior in the first place. i met with the common dant yesterday to convey my concerns and outrage and to address these issues that all need to happen. we need to look at the culture that brought about this behavior, as well. >> did you get a response from him? he expressed concern publicly, but do they get how this really does get to the heart and soul, the dna of the marine corps? >> well, i appreciated his response. if you've seen it on video, which was pretty strong. keep in mind that in his role he cannot sh undue command influence that could impact any future instigationsr court marshal...