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>> there's no reason to talk about obstruction because article two including what i told you he was saying the champion investigation would go on to lester holt. they can leave that off whenever they play that tape, amazing what they do. however, there is a narrow area which we might think about it and we are in discussion with a special counsel about it, it all has to do with collusion so there is no perjury trap. >> sean: i don't believe they could do it without setting a perjury trap. >> they will give up on the obstruction point, they're trying to set up the president against comey and the...

About obstruction because article two precludes obstruction. including, what i told you, saying the investigation would go on to lester holt. they can leave that off whenever they play that tape. amazing what they do with tapes. however, there is a narrow area which we might think about it and we are in discussion with a special counsel about it, it all has to do with collusion so there is no perjury trap. >> sean: i don't believe they could do it without setting a perjury trap. >> they will give up on the obstruction point, they're trying to set up the president against comey and the fact tha...

>> paul: publicly. >> yeah. in all the reporting from that january forward, the press has combined these two things into a single idea that donald trump himself would be implicated in this. that is a very important distinction and mr. comey refused to make it clear. i think trump was entitled to be upset about the fact that that distinction wasn't getting out there. >> paul: on the obstruction point, jason, i think if you read these memos, actually, it doesn't make the case at all that some how obstruction of justice was on trump's mind, that is, a coverup of the investigation. a couple of pla...

>> right. he said to congress he hadn't decided. he didn't say he hadn't drafted an opinion. >> you are saying that proving he was lying then is going to be -- >> proving that he was lying is almost impossible. >> perjury is a tough charge. >> one for the good guys. >> let's go to the obstruction point because the way in which the investigation was carried out, all the points you made, not impanelling the grand jury, the failure to get warrants to search -- there's a set of things that normally would be expected to have happened that didn't happen, does that add up to obstruction? >> the basic...

He said to congress he hadn't decided. he didn't say he hadn't drafted an opinion. >> you are saying that proving he was lying then is going to be -- >> proving that he was lying is almost impossible. >> perjury is a tough charge. >> one for the good guys. >> let's go to the obstruction point because the way in which the investigation was carried out, all the points you made, not impanelling the grand jury, the failure to get warrants to search -- there's a set of things that normally would be expected to have happened that didn't happen, does that add up to obstruction? >> the basic argument ...