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Journalist and editorial writer, and at this stage, there is no dispute that this would become a legal fight all of the way up to the supreme court, and dare say that even this supreme court would not have to wrestle with this. >> one would think, and the president said is a number of things in the clip that you said earlier that are simply not correct. that it is ridiculous that we have this rule, and it is not ridiculous that we have this rule, because it is in the constitution, and the united states is not the only country that has birthright citizenships, and many countries do. it is not -...

Investigating. you know, there was a time when people said, oh, mueller is not investigating anything having to do with collusion with the russians. well, i thought, nobody knows that. nobody knows what he's looking at at this moment. >> yeah. walter dellinger, the article is in "the new york times" entitled "yes, you can indict the president." thank you, sir. >> you're quite welcome. thank you, don. and when we come back, are you an american citizen? why the trump administration says that question on the upcoming census is necessary to protect voters.logdge -- logic behind that, next. woman...

Comcast, building america's largest gig-speed network. it is a question looming over washington and legal experts are going head-to-head over it. can a sitting united states president be indicted? walter dellinger is a former assistant attorney general and a former acting solicitor attorney general. he believes the answer is yes and he joins me now. mr. dellinger, thank you so much for joining us. you wrote an op-ed in "the new york times." it says, yes, you can indict the president. and you argue that without the power to indict, a president could never be held accountable for crimes commit...

Actually taking care of the statute of limitations problem that a president could go free if the time expired for criminal charges while he was in office. >> let me ask you this, because mr. dellinger, you argued the clinton v. jones case before the supreme court, making the case that indicting president clinton would keep him from doing the job of running the country, and that turned out to be a losing argument. so why are you arguing the other side when it comes to this president, to president trump? >> well, a couple of reasons, don. the most important one is that we lost clinton against jo...

Ordinary criminal cases like tax evasion or money laundering. in that case, the independent counsel could file an indictment naming multiple defendants. a president might say, oh, you have to strike me from the indictment, because i'm a sitting president who can't be indicted. at that point, the special counsel or the judge would say, will you -- will you agree that you will not argue, after you leave office, that the time for bringing charges is expired? and only if the president agrees to that would you withdraw an indictment. >> yeah. so, before he resigned, the president's lawyer, john dow...