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Obstruction charge if he had wanted to, if you were to take them both at face value at what they said. what say you? >> on the question of the constitutionality of the indicting the sitting president, it's an open question. the constitution doesn't give us a clear answer and well respected academics and lawyers have taken opposing positions on this. what robert mueller has done is to just take for granted olc's position which is a xuconsisten one. the memo saying just that. a sitting president can't be as a matter of constitutional law be indicted while he's in office. >> were you surprised th...

>> we don't know. that's the reason you have discovery in a lawsuit. the fact is, payments of any kind are inappropriate from a foreign government to the president of the united states. and so as part of the discovery process we'll learn the magnitude -- both the amount of money and frequency of the payments from a variety of foreign governments. but what's really at stake is the fundamental -- there is so much cynicism about government. people think people in government are doing it for their benefit to somehow advantage themselves. and our constitution doesn't permit that. so at the core is ...

President. then there will be a trial in the senate. that trial in the senate will allow all of what we have been talking about as evidence to be presented. the witnesses will be called. the chief justice of the supreme court presides. there is no need to try to meander through inferior courts now, to try to get some ruling on subpoenas, whether we'll have the opportunity to get certain evidence. take it straight to the chief justice. he will be the ultimate decider, as it were. and we will all see that there will be transparency. we want to have the trial in the house. great to have a trial i...

Can take it. we can find reason here. there is more than enough evidence to impeach the president. then there will be a trial in the senate. that trial in the senate will allow all of what we have been talking about as evidence to be presented. the witnesses will be called. the chief justice of the supreme court presides. there is no need to try to meander through inferior courts now to try to get a ruling on subpoenas, whether we will have the opportunity to get certain evidence. take it straight to the chief justice. he will be the ultimate decider as it were. and we will all see, there will...

Earlier is even if the white house does not release a counterattack, they will consistently push back on anything that suggests that the president and his team did anything nefarious as they have been doing since day one. they're campaigning for 2020. that's a central piece. >> and to that point, the trump team says they're confident it will exonerate the president. they're ready to go with tweets, fundraising, blanketing air waves, campaign rallies. >> we know one thing for sure. mueller is not going to indict trump. because the constitution doesn't let him. it's easy to predict that team tru...