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Over a memo he wrote criticizing the mueller probe some time ago. fox news contributor andrew mccarthy with us right now. they argue there is a conflict because he was reportedly dismissing the probe itself but maybe you can educate me. is there such a conflict? >> it is a very narrow and well done argument which homes in on a single aspect of the mueller investigation which is his extravagant use as we understand publicly based on the reporting what the investigation looks like, his extravagant understanding of the obstruction statute. for people criticizing the memo, people understand, barr ...

Joining us now danny sovalas, and frank figliuzzi, and msnbc national security analyst. danny, because you're sitting here in studio, those are just some of the developments in this week. and if it wasn't shut down day, if it wasn't a shut down debate in the last couple of days, this would be full of opportunities here to discuss what happened this week. what stood out the most and again we didn't cover it all here. >> the punitive attorney general bar submitted a memorandum unsolicited essentially saying that the president cannot be investigated or prosecuted for obstruction of justice, that ...

Comey implied that there were many loose ends. one of which being evidence of obstruction of justice. take a listen. >> the obstruction statute requires a specific corrupt intent. so we had evidence of obstruction that he needed to investigate further. one of our problems was what would the investigation look like? you're alone. if there are tapes that solves the problem of the investigation. because it's not my word against his. i wrote a memo. that's great. if it's a tape, i know what will be on that tape. >> following weeks of legal experts, analyzing the president's latest tweets, your rea...

People who were involved in running the investigation? >> first of all, the obstruction statute says that you can be convicted for obstructing a proceeding. >> right. >> an investigation, believe it or not, is not a proceeding. there is law on that and it's in the u.s. attorney's manual. that's binding on robert mueller, so you can't charge somebody with obstruction based on obstructing an investigation. >> right. >> can't do it. >> well, you can do it. it is arguable whether you can or you can't. thank you for your note last time you were on about that. we processed this in the beginning when...

Outside of his normal mode of expression. >> if mike mukasey is working on a team like mueller's, is that the kind of thing you say, boy, there's another piece in the pattern, that every time it comes to somebody who is involved in this probe, or doing something of a judicial nature that he doesn't like, he suggests getting ritd of them in one way or another? is it interesting from that perspective? >> from the standpoint of somebody working for mull er? >> yes. >> no. >> if you were investigating the president and part of an obstruction of justice investigation. >> no. >> why? >> because it's...