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Or attempted or conspired to be done can be evidence not only of obstruction of justice. it can be a crime itself. so the intent here is what's important. it's the most difficult element of obstruction of justice to prove. >> now, i know because you told me this morning, that as a former prosecutor one of the things you want to make sure is you have all the evidence before you make a judgment, but there's a memo written by don mcgahn which outlined what happened here. what the president asked and why mcgahn thinks it might not be a good idea to carry through what the president wanted. does the...

Also said yesterday that i didn't quite understand. he said that it would be easier for him if the president did ask comey to give flynn a break that would be something he and jay sekulow could defend. >> i think alan's making that point, that the president can to do for any purpose. and i just think that's dead wrong. i think if you look at watergate, if -- the president did have the legal right to tell the fbi that the cia wanted the watergate investigation stopped. that was done for a corrupt motive, and it was seen, properly, as an impeachable offense. but just because -- >> but that was a...

>> but that was a crime. that was a crime itself, telling a subordinate to lie to the fbi is a crime. everything -- negative, it's not a crime. >> that nixon was charged -- yes, it is. you can't tell somebody to commit a crime. >> it's nato crime to tell fbi. >> that's a crime. of course it is. >> not in an investigation. >> an untruth. in any investigation, that's 1001. you can not lie to a law enforcement official about a subject of the investigation if it's material. look, i also disagree that it's a good thing for if he said that. it's much better from a criminal defense point of view. i'm...

Today was hey, no, trump did not say what he said, that his call to stop the probe was not really a call to stop the probe, not an order. mueller's investigators may disagree with that. they are probing how the president talks to and pressures the doj. one democrat a former prosecutor, spoke to how this all fits into criminal intent. >> clearly there statement is serious and substantial evidence of criminal intent. even if it doesn't constitute a crime itself. the president is coming close to actual committing the crime of obstruction of justice if not crossing that line already. and these twe...

Gets somebody other than a fox interview, he doesn't do well. >> he gets nervous. he has a tendency to lie a lot. he can't help himself and there are things that he can't help backtracking. >> can he protect himself in an interview with mueller. >> every one of his lawyers is advising him not to sit down. >> a lot of reaction to the president's tweets today. let's watch those. >> clearly this statement is serious and substantial evidence of criminal intent even if it doesn't constitute a crime itself. there is now, right now, a clearly credible case of obstruction of justice against the presid...