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Most grave counter intelligence threats to american national security in the modern era. david, in court, that's when they see case closed. >> i think one of the problems we've had is people keep trying to take this case to court. the key try to keep turning this in a criminal matter, when is a counter intelligence matter. it's a matter of what are the facts. what motivated me to write this article and i think what motivated you to talk about it and the congressman to talk about it -- is there is no easy pushback. not coming only from pro trump people, because what do you expect from. them but...

Back when the republicans controlled the committee marco rubio was actually sitting as chair at the time. that senate intelligence committee report, bipartisan report said it is our conclusion based on the facts detailed in the committee's report that the russian intelligence services assault on the integrity of the 2016 u.s. election process and trump and his associate's participation in enabling of this russian activity represents one of the single most grave counter intelligence threats to american national security in the modern era. david, in court that's when they say case closed. >> wel...

Michael cohen's offices. take a listen. >> we know that it requires the highest levels of doj permission to seize attorney/client records. by that i mean the attorney general or the deputy attorney general. we also know it must have nothing to do with bob mueller's probe, eithered directly or indirectly or he would not have referred it. >> dana: also, james, if i could run through this with you. former prosecutor andrew mccarthy write, clearly the prosecutor's record cohen and trump as co-conspirators. it is important to bear in mind the distinction from the russia investigation. this is not a...

If so, if so, have you cooperated with these inquiries? how's that for question one of a confirmation hearing? >> if he goes to the hearing, imagine him sitting there getting the follow-up question which is did you receive immunity for your testimony because if he did speak to the grand jury and of course he did and we know that his documents, his e-mails have come up in the guilty plea of another trump campaign official, the question of immunity has been raised around his cooperation and testimony. the idea that you confirm him to a senior administration position getting immunity potentially ...

Getting immunity potentially for his testimony in a criminal matter in a counter intelligence matter, yeah. doesn't feel like much of a prediction to fall apart but i think you predicted it correctly. >> the position he's been nominated for is generally referred to as the chief scientist of the agriculture department and the science questions that the democrats on the agriculture committee had, they've all been thrown away. but it's for the hearing that's never going to happen. right? we won't get that lucky. >> the trump administration is on the hook for having named a talk show host to be th...