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Federal prosecutors and answer everything they want to know for as long as they want to question him. can we just ponder that for a moment? can you imagine? now, there is a question about what the end game is. robert mueller is probably going to write a report that will go to congress regarding impeachment. the southern district is bound by doj guidelines. so no matter what they find about trump's criminality, they can't charge him with a crime. >> so that's the question. right? this is joyce vance, who was a u.s. attorney down in alabama, we have her on our show. she says you don't give trump...

Weisselberg. how does that look to an investigator? >> remember, robert mueller forwarded this case to the southern district for an investigation of michael cohen. well, on wednesday michael cohen became a convicted felon eight times over. so a question now is what's the southern district's "enend game? they have managed to prosecute and convict michael cohen. it seems like their target now is the president of the united states, but he cannot be indicted and prosecuted in a criminal case while in office, according to d.o.j. guidelines, which the southern district is bound to follow. and so wha...

Upon to defend himself he would have strong defense to discharge. the object is the ultimate audience is congress. if we are talking possible impeachment maybe this has relevance but as far as whether the president can be charged with a federal crime bob mueller has been clear he will follow and respect department of justice guideline which says you cannot and shall not indicted sitting president. >> reporter: the second part of that whether he can be indicted has never been decided so we have guidance documents from 1973 and 2000. in your mind is that settled? rudy giuliani says he got an ass...

There is this great debate i think it's now moot because mueller is going to follow the policies of the doj. that doesn't necessarily help things. the statute of limitations is still out there, he could still bring a charge after the president leaves office. more importantly, he can detail a criminal conspiracy in a report to congress just as the house of representatives might switch parties. >> bret: it brings us back to the fight over the campaign finance law and whether this -- if it all happened as cohen pleads to that violation. there are four former fec chain who says it didn't, obviousl...

Davis wanted to make sure we knew. >> this is something that has been debated hotly, a couple of justice department memos from 1973 and 2,000 that talk about this and essentially the understanding is you can't indict a sitting president in most normal circumstances. rudy giuliani has said he has had conversations with mueller's team and during that he said they've aurally acknowledged the doj guidelines. whether that means they agree with them or would seek some type of exemption, if not about indicting a sitting president. according to the justice department he can't do it. >> bret: a stormy ...