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Afternoon that says comey told associates he will not accuse the president of obstructing justice in the michael flynn probe. the report cites a source familiar with comey's thinking. charles krauthammer has laid out why that might be the case. >> if it were obstruction, then he's indicting himself. for not making a statement, for not bringing it out in the open. he can't say it's obstruction which is what everybody who wants to see trump destroyed is waiting to hear. what we will hear is something navigating in between saying it wasn't pressure. he was speaking on behalf of an associate, a fr...

Safety of the president. a normal person can't do that. your thoughts? >> people kind of snickered when i said kathy griffin was in potential criminal exposure for what she did under the u.s. code, it's a class d felony to threaten to kill, kidnap, or enter the president of the united states. guess what? the secret service has now confirmed they are investigating kathy griffin. she has hired an attorney, who is a fairly well-known criminal defense attorney, he has acknowledged and confirmed that kathy griffin has been contacted by the secret service. it's not unprecedented they would reach out...

This is by the way not a dictionary definition. this is the 18 u.s. code 2381. the law. let's talk about intent. criminal intent is a necessary component of a conventional crime and involves a conscious decision on the party of a party to injury or deprive another. there are multiple shades that may be applied in situations ranging from outright premeditation to spontaneous action. this is a dictionary definition. this is not in law. there are more debates about intent. espionage is u.s. law. a person may be guilty under the espionage act if they disclose classified information with the intent...

The story we have been telling is a story more or less in step with the arc of history as defined by barack obama and hillary clinton. that doesn't mean they that we favor them to win that vision of the progressive future and global future that does not resonate with so many american voters. there is this chasm and no one exploited as donald trump and no one made it as violent and aggressive and sinister as donald trump did. and that laid the foundation for the sorts of incidents that happened last night. >> maybe you saw in that statement put out by gianforte's campaign that they -- they spec...

Changes his story or it changes and some small way. i think his lawyers are doing the smart thing. >> kat: there has been two camps. some people are saying any good lawyer would tell him plead the fifth. other people are saying that with the fifth amendment, we are talking about documents. some going so far as to say he could get in trouble for not complying. >> eboni: i think it's a bit of an overreaction. technically, yes. he could get in trouble. u.s. code says when you withhold or refuse to testify, it's a misdemeanor punishable by a small fine or a year in jail but it never gets that far....