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Mueller, if he really wants an interview, he could issue a subpoena. but are you banking on the fact, putting these new guidelines on, these new conditions on an interview, are you banking on the fact that robert mueller just won't take that step, won't subpoena the president? >> i have not. i have no idea what he's going to do. i think if he does, we could have the subpoena quashed. never done in history. there is very strong law that the president cannot be subjected to criminal process. there is a good argument that governing mueller said that, but certainly constitutional law may say it. t...

Special counsel. rudy giuliani, the president's attorney, was on "state of the union" this morning talk to dana bash, outlining these new terms that he's demanding from robert mueller in order for the special counsel to interview president trump. chiefly suggesting that the special counsel has to provide some kind of evidence to suggest that the president may have committed some sort of wrongdoing. he says that he does not expect robert mueller to comply with those demands. he is essentially putting the special counsel in a position where they have to issue a subpoena to try to force the presi...

Incarceration period. so the real lawyers representing the president and mueller's team are discussing what does the term "criminal process" mean in those olc opinions. does it encompass testimony or just the indictment trial and incarceration? >> i just wanted to add, i wouldn't rule out in the end mueller cutting a deal with the president to get some kind of statement, written or audio, from the president. i say that because ultimately trump has nothing but contempt for the judiciary and the judicial system and the criminal justice system. i can see him taking the fifth amendment ultimately ...

The president and mueller's team are discussing what does the term "criminal process" mean in those olc opinions. does it encompass testimony or just the indictment trial and incarceration? >> i just wanted to add, i wouldn't rule out in the end mueller cutting a deal with the president to get some kind of statement, win or audio, from the president. i say that because ultimately trump has nothing but contempt for the judiciary and the judicial system and the criminal justice system. i can see him taking the fifth amendment ultimately if a subpoena is served, which means in the end, mueller ge...

Things going on, we need somebody in this position. this isn't a random cabinet person or ambassador from a random country, this is the secretary of state. >> two of the biggest foreign policy things in our lifetime especially the president's tenure so could not be more pivotal. you have to have your team in place. sen. shaheen said she wasn't voting for him because she disagreed with him on issues, that is not the deck of the confirmation with you agree with the person or not. obama's appointees got through, the political side being picked at the worst time possible. todd: timing is everythin...