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That's where his defense is going to lie and where they're going to take it out of the willful intent to deserve or withhold information and in sessions' mind he's going to say look, i didn't think this was covered. this was a hello/good-bye meeting and didn't discuss business. in my mind i didn't consider it a meeting or contact under this question. that's where his defense is going to be. >> all fascinating. richard, avery, thank you so much. appreciate it, gentlemen. good to see you. >> all the best. >> all right. bill maher sparking outrage after using a racial slur during an interview wit...

Believe that president trump is making the right decision in pulling out of the paris accords. >> it's a very, very fair question and let me answer it quickly in two stages. we put out a statement essentially saying we were disappointed with the tactic that the president is using, although he said he's going to engage and he wants to negotiate a new, better deal, i appreciate that. i would have preferred, since we, america, are leading in that reduction of carbon, we're down 7% in 12 years, yeah, it's a big deal. and i would have preferred that he negotiate from that position of strength to sa...

Circumstances and the circumstantial evidence and did he willfully intend. they're going to play games, fred, with the interpretation of communication and contact. what does that mean? communication and contact. what did it mean to sessions. that's where the defense game will be played. >> so avery, how will willful intent be proven? i mean, if anyone is to know that rule of only answer the question that you are asked, an attorney knows that, you know, better than anybody else. so, how will that discovery be made about whether jeff sessions willfully kept that matter secret? >> well, you have ...

Wild yonder on the franken question and if the issue surfaces you get to the issue of credibility. if you deal with intent you're going to examine was the witness credible. in order to gauge that you're going to look at whether his statements have been inconsistent which they have here, or is there an explanation for why they were inconsistent. so credibility, the question of intent, turns on the totality and the question of credibility. >> okay. and then richard, if in that press conference following that recusal, if sessions was asked are there other meetings that you may have had and he sai...

Is the reason that we're doing all of these investigations, and you come before a board -- and by the way you've had written questionnaires before you testify for the senate committee. >> that's right. >> and you failed to answer this question. then you go before the senate committee and every lawyer tells their client, listen to the question and only answer the question. and here, the franken question was not the answer that sessions gave. sessions went on a ramble and he went on a prepared question, a prepared response, that he had, and he opened the door to so many different areas. so the q...