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Schiff and other democrats opposed to whitaker being in this position is that he is not being transparent enough and not communicating to congress his intentions. does he need to be more transparent with congress? >> he is not there to communicate with congress. he is there to run the justice department. and for him to be simply talking to congress, that's not his job. it wasn't my job when i was there. if adam schiff wants to find out what his intentions are, he intends to subpoena him. to talk about obstruction of justice really misreads the law. an investigation is not subject to the obstru...

Like that. they have all of these other evidence. does he actually need the president or is it just a nice addition? >> i think he needs the president because i think he doesn't have a very strong obstruction case. in my view, the idea that the firing of comey is an obstruction of justice, even if he fired him to protect himself, is not a correct explanation, analysis of the current law. so i think he has -- unless he's got something else, unless he's got hush money dangling pardons in exchange for not telling the truth. >> something more than just sentiment. >> yes. and really that all goes b...

>> the obstruction statute they want to charge him with or write a report about. >> you know they want to charge him? >> no. i think they're investigating, though they've never told us, which is what we want to know. it says you have to on instruct. when lester holt asked him, do you expect this investigation to go on, on tape, president says, of course i do. in fact, i believe it is going to go on longer now. i did it for the best interest of the people, of the country. the president knew the investigation was going to go on. it did go on. that's the best fact that we have. >> what do you mak...

Security advisor to the united states. charlie pierce, let me play for you rudy giuliani on abc basically coming to the idea that mueller wants to charge his client with objection. take a listen. >> the obstruction statute they want to charge him with -- >> do you know they want to? >> no, but i think they're investigating although they've never told us what they're investigating which we want to know, it says you have to obstruct. when lester holt asked him do you expect this investigation to go on, the president says of course i do, in fact i believe it's going to go on longer now around i d...

Milgram. >> we tal earlier. i am a little bit surhey didn't ask straightaway that they didn't ask for bail revoked or revise. it seems to be an egregious. i think it is possible that they will bring additional charges which is the obstruction statute. and c, there is a decent chance this evidence is going to come in to show he was conscious of what he was doing was wrong. i am surprised why the hearing is going to take place 11 days from now and not sooner. maybe the judge is trying to give the defense a chance it respond to allegations. but if you read the do the allegatio seem strong. >> tha...