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In this case, though, it's two different sets of charges, the federal law as danny points out, those federal charges are under federal law. here we've got state law violations related to residential mortgage fraud and it seemed very unlikely that any court would find that this violates double jeopardy. >> and, danny, let's just underscore this point, which is that one of the differences between federal and state charges is that the president in theory can't pardon paul manafort if he is convicted by new york state. we don't have a lot of indications he is prepared to do that on the federal cha...

This is a matter of active investigation? >> it doesn't really make much sense. i mean, frankly. it doesn't make much sense. i know what the, you know, as you say, the general public's perception is, if you fire the guy who is leading the investigation against you and you then have somebody admit on your behalf that's why you did it, that doesn't look good. i mean, for appearances, at the very least. and maybe for criminal liability. i mean, i don't think we can overlook the fact that the director serves at the president's pleasure. and he has the authority to remove him, and as danny points o...

Point? why would the president's lawyer concede this point given this is an active investigation? >> it doesn't make much sense. frankly it doesn't make much sense. i know, as you say, what the general public's perception is, if you fire the guy leading the investigation against you and you have somebody admit on your behalf that was why you did it, that doesn't look good for appearances at the very least and maybe for criminal liability. i don't think we can overlook the fact that the director serves at the president's pleasure and he has the authority to remove him, as danny points out, some...

And reprieve something we have done only once in the history of this show. it's time for another addition of the rachel maddow show's fake law school. we'll hash out with some great legal minds some of the questions i have about what's going on in these legal battles around the president with the latest revelations about stormy daniels and what the president and his associates could be in. joining us is our three newest professors. thank you. let me start with the some of the stormy daniels stuff we learned today. danny, what's a retainer?

Life sentence if manafort doesn't choose to cooperate. >> ken delanian, as danny points out, this is turning up the heat on paul manafort, but no one weren't his into one of these plea deals lightly, especially not a young father as rick gates is. talk about the charges that he's facing and paul manafort's facing right now. >> rick gates is a 45-year-old father of four. he's been asking the judge for permission to go ho his kids' soccer practices. all this indecent his decision to plead guilty. and the question becomes what does he have to offer? how big is it? as danny said, it's pretty clear...