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We know that d.c. is a one-party permission district, meaning only president trump would have had to have given his permission to himself in order to make a tape recording. you don't need two parties. so is this, if he had tapes, if if he were taping oval office conversations, is it legal? >> well, yes, it's legal in the district of columbia, if one party consents but not legal to use tapes to try to intimidate a witness. it wouldn't even be legal to pretend to have tapes in an effort to intimidate a witness and what we need at this point is an investigation to look into this and certainly one...

Against any individual let alone one at the white house? >> i don't know. i will tell you i know several legal scholars including alan dershowitz have said there's nothing inappropriate about that. >> neil: is that true? with us right now, alan dershowitz. good to see you. >> good to see you. >> neil: is that true? >> lawyers ask agents or clients are you under investigation. they never tell you but you always ask. they usually give you a routine answer. if you're the target of the investigation, you'll get a target letter. if you're the subject, you'll get a subject letter. they won't go furt...

Into the united states. >> that is what a lot of people with a legal background have been saying. trump emaciation through a political lens, this is a big deal for him because this is the first big fight he has seen it play out in the courts, so i think it is pivotal for him to win this legal battle for him both politically and also in the eyes of the law. we will see what happens. >> jon: also on the president rights and prerogatives, the constitution says the senate advises and consents on cabinet appointees, but it does not say that senators should set out to block every single one. >> you'...

Inclination and power of the military to oppose a policy if it is ultimately ordered to implement. if the senate consents and if the full congress passes an exemplifies to the seven-year requirement, i will provide strong civilian leadership of military plans and decisions in the department of defense. i recognize under the constitution it is the congress that raises, sustains, and supports our armed forces through annual authorizations and appropriations. for many years i have watched you in action and testified before you. i look forward to collaborating closely for the defense of our nation...

If the senate consents and the full congress passes an exception to the seven-year requirement, i will provide strong civilian leadership of military plans and decisions and the department of defense. i recognize under the constitution it is the congress that raises sustained and supports our armed forces through annual authorizations and appropriations. for many years i have watched you in action and testified before you. i look forward to collaborating closely for the defense of our nation. i am mindful of the extraordinary privilege it is to be nominated for this position. i will hold servi...