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Circumstances where nobody actually thinks the president is going to be removed from power, nobody sensible anyway, they will be penalized for politicizing and putting the country through this process which is a very fraught to process and that was precisely why the framers made it so hard to do. >> harris: really quick, should he testify that way you saying? >> first of all, for the presidency it's a terrible idea. one of the other things the framers were worried about is that impeachment might give congress too much power over the president. they wanted the branches to be separate and defer ...

Property. in the criminal proceeding, and went in the case of impeachment, that's when the senate evidence will be presented. if both sides will present their side and both sides will cross-examine. due process is not applied it to the investigatory side. as a practical matter, most congressional investigations of executive wrongdoing or possible wrongdoing are conducted in secret. we don't want one listening and comparing testimony to the other. we want to avoid the usual grandstanding and speechifying that both parties tend to engage in when the greens are televis televised. >> neil: it's wa...

>> the problem people need to recognize this is not a human resource issue, a constitutional concern. it is a the way you do it and circumstances surrounding it. it is more than unseemly to be repeatedly firing people in charge of investigating you. this is one of the hallmark questions. this is a constant battle in a democracy. this is not the first time it's been hard to push for investigation of executive wrongdoing, we think of police conduct in shootings, how hard is that to get? >> you want the fbi to have a certain amount of independence but not too much. j. edgar hoover one thing was y...

Concern. it is a the way you do it and circumstances surrounding it. it is more than unseemly to be repeatedly firing people in charge of investigating you. this is one of the hallmark questions. this is a constant battle in a democracy. this is not the first time it's been hard to push for investigation of executive wrongdoing, we think of police conduct in shootings, how hard is that to get? >> you want the fbi to have a certain amount of independence but not too much. j. edgar hoover one thing was you could not tell him what to do. that was a problem and in a balance respect, it's's like a ...