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Lead. the former director of the fbi suggesting that president trump's tweets might constitute a crime. james comey telling a crowd at new york city's 92nd street y last night that his attacks against potential witnesses could amount to witness tampering. >> if i were prosecuting a case in the southern district of new york and a prominent person started attacking my witnesses, i would want to know, so what's going on there, and does that cross the line from free speech, which we have to keep protected into something else. >> let's talk about it all with our panel. amanda, what do you think? fr...

The interesting thing is it's the broad consensus the president will not be indicted so he cannot really be the target of an investigation. and therefore, he could be subpoenaed to discuss the obstruction cases. the obstruction questions and those issues. but on the other hand, if he is the sole target of the obstruction investigation unlike the collusion investigation so it may be a situation where robert mueller says you know what? if you don't want do give us your story then you don't have to. that would be a better tactic i would say if he were likely to be indicted but because we are gear...

With controversy. the second thing that struck me was when even his lawyers are reported to be telling him that, look, if you fire jeff sessions, mr. mueller may very well view that as obstruction. you know, it's interesting but usually when we're handling obstruction cases, we can prove up the conduct but there's actually a jury instruction that a judge gives in every case that says you have no way of looking into the human mind to determine what somebody's intent and motive is. so you usually have to infer it from their conduct. here, it's sort of backwards because the president has been ann...

Twitter troubles. legal experts telling the new york times quote prosecutors who lack one slam dunk piece of evidence in obstruction cases often search for a largerer pattern of behavior and you said just a while ago that twitter could becan tkhpl president's unravelling. is this what you have in mind? >> yes. because donald trump has used twitter as an effective political tool. he's able to do massive amount of spin work on his behalf on his white house on his presidency. but from a legal point of view he could be in deep jeopardy. just one piece of a puzzle, one tweet about jeff sessions, on...

People of threats or rewards via his tweets? people whom he knew or expected will be interviewed by bob mueller? if he did, was he engaging in witness tampering? that is an independent crime. it is a species -- >> harris: we know all about that with paul manafort. >> judge napolitano: yes, that is what "the new york times" is breaking and what we are talking about here. >> dagen: let me just get the rudy giuliani quote in here, he did speak to "the new york times" "if you are going to obstruct justice, you do it quietly and secretly, not in public." he was referring to typical obstruction case...