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Election meddling by russia, did nothing about it, why? the fact that the president now seems to be acknowledging that there was some sort of russian interference, did that change anything when it comes into the investigation into collusion? >> well, christi, i think it does. we now have the first element of what someone, a special council or prosecutor could prove was unlawful interference. we now have evidence and president trump agrees that they did have information that they tried to influence the election. we now know that president trump after the fact has admitted that. the only questio...

Yet. so when bruce castor, the d.a. in 2005 decided not to go forward, he was evaluating the evidence we have now, minus bill cosby's admissions. the statements he made in his deposition. when that was unsealed in 2015, that's what caused the prosecution to take a look again. a different prosecutor and say, whoa, maybe we have a prosecutable case. obviously, se of those 12 jurors, we don't know the vote. some of those jurors agreed. >> why couldn't those jurors come up with a verdict? why are we in a mistrial state today on this saturday? >> that's the 24, 64 or $53 million question, given the...

Happens, what is that severalally up to? do any investigators really have a say in this. >> if they decide there's a prosecutable case, it still wouldn't really be his decision, because the justice department has long held that sitting president may not be indicted and prosecuted. the constitution implicitly prevents that. there's no court ruling that says that, but the justice department in memos going back to the '70s has decided that. bob mueller, but the regulations that set up the special counsel, is prohobbied from disobeying justice department practices. so assuming he obeys that, that ...

Senator, but i conveyed to apply the same principles and reasoning to it. i just don't know where it will end up so i cannot commit sitting here. >> but you would agree that as the fbi director, you would need to go beyond simply saying, there is no prosecutable case or there is a prosecutable case. >> potentially. >> when i was a u.s. attorney many years ago, there was actually a rule and the department of justice that there could be no report on any grand jury manner or any investigation without permission of the attorney general or at main justice. i don't know whether that rule still appli...

Information. so that's one of the reasons it doesn't change their bottom line view of whether there should be a prosecutable case. it just didn't add to the number of documents on the server that contained classified information. >> pete williams, thank you for that update. kellyanne conway, the campaign manager for donald trump. look, when sh story broke the friday, october 28th, donald trump reacted saying this is bigger than watergate when it was announced there were newly discovered e-mails the fbi was going to be taking a look into. is it safe to say from your standpoint that this issue i...