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We have no reason to know that. a perjury trap is a form of arguable prosecutorial misconduct. this is form of entrapment. you're not supposed to do this, bring you into an interview just to try to get you to lie. and the precedent, is well, did they bring you in for fact finding purposes? perjury is what they're really worried about, a material misrepresentation of fact for the purpose of deception. it's a crime. so the idea if they believe comey instead of trump and that's it, that's not it. it's a crime. they would have to prove it beyond a reasonable doubt. okay, i argue rudy uses this phr...

Just to get you? that's the argument they're making for flynn. we have no reason they believe they want to do that. perjury is what they're really worried about, a material misrepresentation of fact for the purposes of deception. it's a crime. so the idea if they believe comey instead of trump and that's it, that's not it. it's a crime. they would have to prove it beyond a reasonable doubt. okay, now, i argue rudy uses this phrase because it's part of their narrative, if the president is being victimized. but what they're really worried about is perjury, that the president is going to do somet...

Disbarred but he will suffer some sort of professional discipline. >> harris: is this in fact attorney-client privileged information? >> it was unless it involved a discussion of a crime or fraud. 100 years ago, when i went to law school, the law was whatever the client and the lawyer talked about, no matter what it was was privileged to the client and put it release it. the law changed, the crime fraud exception to attorney-client privilege. >> harris: you say there was fraud here, how so? >> a material misrepresentation made to get somebody to rely on it to their detriment. this woman with w...

Now, if bob mueller decides to subpoena the president, then that issue will almost certainly make its way to the supreme court, and at this point we might all welcome the supreme court deciding that issue so we don't have to relitigate this every time people are sort of dragged through the wet sand of presidential misconduct. but the other thing is we all know the president can sit voluntarily for an interview. now, i don't believe the defense team will allow the president to do that because they're probably concerned with 18 usc 1001 which tells us if you sit in such an interview and make a m...

I want to start with this. how could a sit down interview with special counsel mueller be a perjury trap for the president? >> very, very simple. you have to remember a couple of things. first of all, it's easier hurting pussycats than trying to control what president trump is going to say. that is a fair statement everyone would agree with. you have to understand what a material misrepresentation is. anytime you make a statement to a police officer or federal agent you are making a difference. to a police officer, that is not a crime. to a federal agent it is. a material misrepresentation cou...