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The theory that public officials are exempt has been rejected by circuit after circuit. we don't know the answer yet as to president trump. there's only one -- >> why do you say it's been rejected circuit after circuit when it's not relevant because it doesn't deal with the president? the whole question is about the president. he's in charge of investigations. the doj is under him. theoretically he could start and stop any investigation he wants to, no? >> chris, that theory has also been rejected, for example, in the morrison v. olson case which tried to -- the executive claim that powers wer...

It. >> you said the exact problem and that is if you can't be held accountable for facilitating war crimes, something they don't really discuss in this report, then when can you be held accountable? this is it. the worst case scenario. what the justice department has done is carved out for itself a standard that it can never fail. that even supporting torture is just bad judgment. in this report, it's astonishing what you read. bybee, who is a judge, is sitting in judgment of others right now, is accused in this report of just leaving out critical cases, of leaving out weaknesses. in one case,...