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Election being very much contested and the democrats having a pretty good chance of winning the house and not sure about the senate, but with respect to the status of attorney general jeff sessions staying at the justice department is big because it might determine, obviously, the outcome of the mueller probe. and if you remove, obviously, you know, sessions and possibly deputy attorney general rod rosenstein, bigger questions will probably surmount and find that robert mueller's investigation will be coming off to a close. i will just say one thing. the question and answer part and the writte...

Could have well been today or over the weekend but what is your reaction to the cloud over rod rosenstein and an experienced prosecutor who's the sur vising authority over the mueller probe? >> there's a cloud over the investigation and certainly the immediate battle question is rod rosenstein's role and whether he'll resign, be fired, will be replaced, so on and so forth and recognize there's discussion of jeff sessions stepping down two months from now possibly after the election which then would affect the question of his recusal and whether someone takes over and this -- all of this amou...

Prudential and think through whether actions he takes will affect elections. >> john, former federal prosecutor yourself, so is rudy giuliani. he obviously knows this stuff, but rudy giuliani has now for a few months been saying things that are contrary to the law, but he's not -- doesn't seem to be all that concerned with that. he seems to be waging a campaign in the public sphere that isn't all that concerned with the law. i don't understand the strategy. if any of this stuff shows up before a court or a judge, they'll soon find out what rudy giuliani has been telling the people isn't exactl...

Because i think that could backfire. >> joining me now is former watergate assistant prosecutor, john sail. john, i appreciate your time. you heard from former cia director leon panetta. do you agree with that, that we're coming close? >> with all respect to secretary panetta, none of us know what mr. mueller is doing, but logically, sure, they're coming close. i've never had a client, and you had a guest on in the prior segment, a former prosecutor. he laid out a good process for obstruction, that there is mounting evidence, but he never had a case where the office of legal counsel has said, ...

George h.w. bush. they argue that mueller can't subpoena trump. they argue that because mr. trump has already cooperated so extensively with the investigation, the document production and making these white house white house staffers available, there is actually a precedent from the clinton administration but it was a different case. it was related to former agricultural secretary mike sp. they go to great lengths, but they say in the editorial which is really interesting, we are applying this case. mueller cannot show any need for mr. trump's testimony that outweighs the president's interest....