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Absolute immunity for anybody to appear before congress. when the u.s. decided the nixon case, they absolutely said that there was no absolute privilege, rather it had to be weighed in each instance as to the needs for those who are asking for the information and the person who's resisting giving the information. absolute privileges are very rare in the law. and they're always this balancing process. this total immunity is part of the so-called executive theory of unitary executive theory that will theoretically make the person immune to congress. and that just doesn't play in our system. >> w...

>> that's right. the independent counsel statute, that structure hasn't been in place for 20 years. my core concern first is that you were perfectly happy to use the tools available to the independent counsel when you worked there. after working there, discovered and enthusiasm for its invalidation as a constitutional matter. in trying to understand that, i've dug into your writings, your opinions and speeches that you hold a view of the executive branch that you made clear in your phh dissent, which is in line in justin scalia's view, which is that there has to be in the president as the chie...

Special counsels, which i have distinguished multiple times over the years. >> so i'm just concerned that i'm having difficulty getting what i think is a clear and decisive answer from you on a number of things. would you overturn morrison, what is your view of executive theory. is it appropriate for a president to fire a special counsel investigating him. i'm just going to come back to a decision that you rendered this year, this phh decision. i urge folks that are having any interest in this or trouble following it to read your decision in this case. because you lay out -- you embrace this t...

Firing him has gotten weaker now with part of the case being moved to the southern district. the southern district investigation would continue -- >> you have said, professor, that given, you know, the unified executive theory that the president can stop any investigation he wants even if he is apart of one unless you can show corrupt intent for an obstruction charge. by your own theory, couldn't he stop the southern district case? couldn't he stop any case one way or another? >> look, president jefferson and lincoln and roosevelt have all directed which investigations should be conducted and ...

Thing in any sort of situation like this. and you know, to echo the remarks that were just made, clearly we know bob mueller has got the -- has got access to the comey memos. we know that that is one thing that's being looked at. the question of obstruction. and the white house, frankly, the conservative lawyers really believe that the president cannot be prosecuted for obstruction under this sort of unified executive theory of government, that the fbi director really only gets his power to investigate from the president and since the president has the power to pardon can he really be indicted...