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Legal analyst. and jason nichols, contributor for "the hill," lecturer on african-american studies at the university of maryland who wrote a piece on this. danny, kaepernick's attorneys reportedly seeking federal subpoenas now. what's the goal here and how likely is it they are going to be able to get the president and/or vice president to sit down? >> it looks like they're trying to get subpoenas for testimony. they want to drag the president and whoever else into a deposition, which is just an interview that's conducted under oath. the reason it's so dangerous, particularly for someone like ...

Fallout? >> we're all learning a lot about federal criminal law during these investigations. one rule that emerges is that there need not be any actual russia collusion underlying the facts, if investigators come to you and ask you questions and you mislead them intentionally about a material issue, then there are a number about of federal crimes that can exist, even if there was no underlying criminal activity lied about. any time of have any of these statements given to ekt havers either under oath or a private interview, you have that potential for a criminal charge. when it comes to presid...

Campaign trail. i just dob see how that's going to be a material issue. you've got three cabinet members who have come forward and said, look, we've made a national security determination this is needed. that puts a lot of pressure on the judge to say, well, you know, i'm not so sure. there is a limit to how much a federal court will do in contradicting three cabinet members that are saying we looked at it and we think national security requires these measures. >> jonathan turley, we have to go. before you go, i'm just curious. president trump's accusatio that president obama wiretapped trump ...

Threats that will come along, isis or changing power structures in the world, did he have the capacity to deal with that. that's the biggest concern, the issue of competence to some extent. jonathan, can i ask you a question quick about that executive order? my understanding, one of the issues raised by the ninth circuit and objection to the original order was the issue of intent and that went back to what donald trump said during the course of the campaign about wanting a muslim ban. how does this second revised order change that intent? >> well, actually i thought that was on the weakest par...

Whether it is worth the jury's time to hear those kinds of arguments. we don't have a jury yet. but to hear arguments about someone who is ultimately not central to this case. >> that's why we're doing these 402 hearings. where the judge determines ahead of time what evidence can be used. is that what he'll be evaluating and this is where it is likely to be headed. if he rules that evidence can be used, that it is independently relevant to a material issue in the case, which i think a lot of this testimony is, what he is likely to do is limit what that evidence can be and so instead of having ...