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Argument, go to plan b. donald trump's arguments regarding this payoff and suggesting it's not a conspiracy and suggesting that it wasn't related to the campaign, that's just not going to pass anybody's straight face test. it's not going to pass any judges or prosecutors or juries straight face test. i wonder if the republicans will think it suffices. >> and i think, joe, the timing of the discussion you've been having here about this being clearly related to the election, last night we learned even someone more damning about why this would be seen as a legal and political blend, and that is i...

Happen without his knowing. >> so if mbs doesn't know about it it doesn't happen. >> yeah, he's in total control. he's the guy that locked up the rest of his family in the ritz and started a war in yemen. went to war in yemen. he's doing things on his own. and the guy who we're sanctioning by the way, the treasury department. is his right-hand man. who tweeted last summer, i don't do anything, i don't do anything on my own, i only work for the king and the crown prince. i mean -- it doesn't pass the straight face test that mbs wasn't involved in this. and i think the president's statement that...

What do you make of what is going to happen after thursday? >> i think it's hard to predict what his answers are going to be. depending on the answers, we'll have more know. he's done everything to stop this investigation and was just said, it doesn't pass the smell test or in my case, i say the red face test that he didn't know what whittaker stood for which was trying to stop this investigati investigation. the thing that comes to my mind is it was on the day before thanksgiving that we learned during watergate that there was an 18-minute gap in the tape of a critical conversation. i'm just ...

Brett kavanaugh, others still dispute it. msnbc legal analyst cindy oxford. witnesses say they were not contacted by the fbi. republicans say the background check provided had no corroboration. did the white house and republicans, because they're in charge, did they play by the rules, but did that mean that justice was not done? and if that's the case, how do we remedy that? >> unfortunately right now there is no remedy. because he's sworn in. and he's justice kavanaugh. so i think we just have to face that's reality. there is no remedy, there is no reason to look backward, all we can do is lo...

With a straight face -- because i had a judge in torts class that would say if you can make an argument for a jury, it's got to pass the straight face test you have to make the argument in front of a mirror and if you start laughing, don't make it in front of a jury. lindsey should have done that before going on fox news and saying that the fbi was furiously trying to elect hillary clinton before the election when, in fact, you had mccabe leaking damaging stories about the clinton foundation to the "wall street journal," and then you had james comey, the fbi director, ten days before the elect...