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Evidence about him potentially committing felony obstruction of justice while he was president. we now know because this litigation that the justice department never substantively considered that evidence. should they now substantively consider that evidence? >> well, if you said you didn't consider the olc policy that a sitting president can't be indicted, so that's not your reason for not proceeding. and you haven't actually considered whether or not you should proceed or by implication you've made the decision you should not proceed irrespective of that on the merits, i think that's a quest...

That a sitting president can't be indicted, so that's not your reason for not proceeding. and you haven't actually considered whether or not you should proceed or by implication you've made the decision you should not proceed irrespective of that on the merits, i think that's a question you then have to be prepared to defend. and what it looks like came out in all of this is that they never really made that decision. and part of judge jackson's anger, i think, was that they were treating it predecisional to a determination about the president's culpability, what was actually strategic public r...