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Week and he said ron, somebody can tell us they've used marijuana five times on the document and come in and confess that they've used it 5,000 times on a polygraph and they won't be prosecuted. they'll be discontinued. i think, to some extent, this may go back to jim comey's deliberations about hillary clinton. what's the legal precedent for prosecuting somebody for doing this? >> as a former defense lawyer, if you remember martha stewart was investigated for insider trading. about two or three months after the insider trading is that she talks to investigators. she never gets indicted for in...

If an indictment happens it happens if not it speaks for itself. arthel: david. >> willful actions by means of bribery, u.s. code is clear on obstruction of justice, words don't matter. they do not obstruct justice, i don't care what the words are, i don't care why he fired comey, comey is an at-will employees, the bottom line is, it may be other things but not obstruct of justice. >> i disagree with you. >> when. >> when you impede a criminal investigation from doing what it is supposed to be doing. >> nope. >> he could have possibly, okay, fired him for the purpose of turning a blind eye to ...

>> eboni: we are debuting a new segment called "the docket." huge story coming out of washington about the implications of the comey memo. the big legal questions. the big one right now is can there be a charge of obstruction of justice against a sitting united states president. i want to break all of this dow down. the short answer is yes, around obstruction of justice. it can happen but it's very, very difficult. people have been talking about this in a way that makes it seem like it's easy to do, and it's not. what is required, u.s. code section 1505. talks about the requirement. specific i...

Report it to his colleagues what had happened and made a record of what had happened during the conversation. >> well, apparently, i should just put a footnote on that, that comey is, according to his source and cnn reporting is, quote, not worried about any tapes and if there is a tape, there's nothing, he says, hays worried about. let me ask you about this. we've just received word in the last hour that these two members of congress, democrats, have sent a letter to the white house asking for any tapes or digital -- you're right, i'm sure that's what it is, between president trump and comey....

Should go back to what this is all about. this is about an executive order that is unconstitutional, that discriminates against people based on their nation of origin or religion. ultimately, the problem with what attorney general sessions is saying is that he's just not respecting the separation of powers. we have a president, but he's not the king. this is just -- these are all the types of lessons that the administration keeps teaching us, that helps us remind ourselves of social studies. the judiciary can check the federal administration, and that's just how the system works. >> let's talk...