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Subpoena negotiations or his interview negotiations on behalf of the president in public. at the end of the day, the president is either going to agree to set for an interview, in which case there will not be a subpoena, there will be an interview at some point. or there's not. in which case mueller will decide are we going to subpoena this guy or not, are we going to litigate it, proceed without the president's interview? nothing giuliani says on television matters a whole lot to it. it's all just a kind of weird legal pr and a kind of personal pr on behalf of rudy giuliani himself and a pres...

Investigation i've ever seen that the justice department is allowing to go forward. >> joining me now, former fellow prosecutor jim kirschner. welcome back to the broadcast. why doesn't robert mueller just stop with the interview negotiations? why doesn't he just subpoena the president? >> alex, that's a great question. we've all been obsessing and discussing will mr. mueller subpoena the president, won't he subpoena the president? i actually think there is a foundational question we should begin to ask ourselves, and that is, what are the factors that go into mr. mueller's decision to subpoen...

And the question is will trump be able to succeed in saying, not just sessions, but pretty much anyone under the sun, comey or bannon or nunberg. everybody it just so happens is corrupt and biased, et cetera. that's a kind of trick i think that will wear thin if you try to use it in this wholesale way. >> we have breaking news. we want all of you to react to. one second. rudy giuliani telling abc's kelly o'donnell he's doing question and prep sessions regarding the special counsel investigation with the president in the evenings this week. you don't have to answer that. where is the interview?...

Something hopefully, but if they are not, this could wind up in the supreme court. and these kinds of proposals gives, you know, the trump attorney's kov tore say look, we tried and we tried and we tried, but we couldn't reach any conclusion here. >> it does seem like we've heard more about these interview negotiations since rudy giuliani joined the president's legal team. you know, obviously you're not going to talk about who your sources are. but it seems like -- is giuliani the one driving all of these stories? or at least in, you know, in recent weeks, it certainly seems like it. >> you kn...

And so we don't know, anderson, whether if they can't reach any agreement, and one source said to me, we're inching towards something hopefully, but if they are not, this could wind up in the supreme court. and these kinds of proposals gives, you know, the trump attorney's cover to say look, we tried and we tried and we tried, but we couldn't reach any conclusion here. >> it does seem like we've heard more about these interview negotiations since rudy giuliani joined the president's legal team. you know, obviously you're not going to talk about who your sources are. but it seems like -- is giu...