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Because the case is strong. here's the problem that i think many doj-watchers see. he is fundamentally a federal appellate judge. they are accustomed to sitting on the mountain top and contemplating great thoughts. and that's not what's called for here. this is a pretty straightforward case. steve bannon was subpoenaed. he did not comply with his subpoena. he asserted executive privilege which is specious. even trump didn't assert executive privilege for him. executive privilege was not covered in this case. and he also refused to provide the information that has nothing to do with trump. ther...

Ought to be charged. we can differ as to whether it ought to be impeached or whatever but we can't dispute that it is an act intended to impede and open law enforcement investigation. don mcgahn seeking to have him the white house counsel terminate the special counsel is an act of obstruction of justice. we can differ to the conclusion drawn from the act. >> what is your counter? >> what is your counter? >> he comes to the conclusion that the fact that the president or don mcgahn. let's assume for a second that the president ordered don mcgahn to terminate the special counsel. another special ...

To terminate the special counsel. another special counsel would have been appointed there. so the fact that they were removing one and another one might have been appointed how does that amount to obstruction of justice in criminal context. plus let's not forget that the white house didn't assert executive privilege, turned over t tons and tons of documents. thousands of documents. open books as it relates to this investigation after two years, over $20 million, you come back with nothing. nothing. >> i hope you read the report. i think we read a different 448 pages. volume one aside, the ru...

Because once mueller has what trump said to mcgahn and then is able to juxtapose that and compare it to all the other evidence that he's developed, we don't know where that's going and it doesn't sound like it could be going very well for the president. >> elliott, a lot of things we don't understand. don mcgahn is the white house attorney and he has said before that his job is to protect the presidency, not necessarily the president. but the white house didn't assert executive privilege on him talking to mueller's team 30 hours. i don't know how much of that is taken up by logistics or i'll g...