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Over audiotapes that showed the president engaged in a criminal conspiracy, and shortly after handing over those tapes richard nixon was forced to resign the presidency. richard nixon resigned the presidency because he was subject to criminal process and that criminal process closed in on him and forced him to turn over the evidence that condemned him. this is one of those nights when we hope to turn to a constitutional scholar of the highest authority and we can do that tonight because harvard law school's constitutional law professor laurence tribe, who has argued countless cases before the ...

Congress. so i think he made a misstep and frankly speaking he's acting. so if he wants to get confirmed by congress this is not the right approach politically even for him. >> well, with the republican senate it could be the only approach at this point. congressman krishna moorthi, what did you hear today in the briefing about ukraine? >> i can't comment on that specific allegation, or that issue because we don't know the substance of the complaint. but i want to point out one thing. the purpose of the whistleblower statute was also to allow the whistleblower to bring a complaint in the right...

Country. i have two kind of subconcerns here. one is that we have extraordinarily -- extraordinary instability at the top of some of our key national security agencies. we've had the department of homeland security has been virtually decapitated as an acting director there. i think there are probably half a dozen or more acting people in senior roles there. we have an acting director of national intelligence. the president let go of the director and the deputy director. we have a new national security adviser. the fourth national security adviser. we had a breakdown in process. and we have inc...

Taken this outlandish position that not only can a sitting president not been indicted but he can't even be investigated. because if he can't be investigated, nobody could raise the -- could try to breach his privilege with an allegation that this is a matter of criminal behavior. so we're really in some very deep constitutional water here in my opinion. >> so you don't find it coincidental that today is the day when the president's lawyers in manhattan, as we're going to discuss with professor lawrence tribe in a moment, actually filed a lawsuit saying the president cannot -- is not subject t...

Is not subject to the criminal process while he is in office. and they're arguing that the subpoena is a bad faith effort to harass the president. well, we'll see about that because with us to talk about it is barbara mcquade, a veteran federal prosecutor, former u.s. attorney for the eastern district of the great state of michigan. barbara, do they have a case here? >> i don't think so. i think like so much of the conduct of president trump, the best defense is a good offense and i think that's what is going on here. in addition to a number of procedural problems that i see with this case lik...