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A nonviolent crime with no history of violence. when asked by the judge in a show of force, they said we had a search warrant and we from afraid once he saw us he would destroy evidence. they had over a million, according to stone, of his e-mails and texts that they wanted to take, cancelled checks and things like that. >> neil: and that was the genesis of the charges anyway. they had in place. >> yes. >> neil: now what happens? >> he has an arraignment tomorrow before judge jackson, the one that presided over the manafort case in d.c., not the one in arlington. in my opinion, the first thing ...

So that was last april from the special counsel's office. six months later in october after so many strange reporting that somebody was maybe trying to shop false sexual harassment allegations about robert mueller to the press, the special counsel's office put out a statement saying they had referred the matter to the fbi. finally the reporter at yahoo! news got the special counsel's office to confirm a key filing from the special counsel in the paul manafort case would be public. there had been a lot of expectation as to whether it would be sealed or public facing. that was a very minor comme...

Departures from that policy based on the specific circumstances. there are countless different, you know, permutations of facts that might justify a departure from it. so i think it's best handled by supervisory people. but i also think it has to be looked at centrally. i'm not saying that each case has to be approved centrally, but there has to be some monitoring of what is going on. one of the things that led to the sentencing guidelines was just big differences in the way the laws were being applied and enforced around the country. i think we need to try to strive for as much uniformity as ...

Is that a good idea if he's pardoning someone in some sort of exchange for something else -- >> or dangling a pardon like with the manafort case. whether or not that could be considered obstruction, that's a fascinating area that really wasn't explored. >> it's also significant because his 19-page memo talks about how the president cannot be charged with obstruction of justice in barr's opinion for firing comey. here he's saying the president can be charged with obstruction of justice for promising a pardon. so the accusation that barr believes the president is above the law is refuted, at lea...

Question in the case of determining when to not charge the most serious readily provable offense? >> no. i won't defer to my -- i'm not going to say i will defer to my subordinates. there might be a case i disagree with and i will assert myself on it. >> i see my time is expired. thank you, sir. >> thanks. we'll take a recess until 12:15. >> hello, everyone. we have been watching the confirmation hearing of attorney general nominee bill barr before the senate judiciary committee. a big focus on russia, his positions on the investigation and the memo that he wrote. lots to discuss. joining me r...