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Isn't the best case scenario here tonight for the president, the best case, that at the very least he didn't hire the best. that at the very least the president hired admitted and convicted felons. did i miss anything? that's what keeps reverberating in my head. >> i'm just laughing but we need to say one other thing about michael cohen. we do not know for a fact that he's not yet going to cooperate in some measure with robert mueller. that was sort of left out there. it's not part of this agreement. certainly seems less likely than it did a month ago. if you follow the reporting on this close...

To be signaling publicly that he would be willing to talk to robert mueller's investigators. do we have any sense whether they are going to take them up on that. >> we don't know. it would depend whether he has a deal with the southern district of new york in terms of cooperation. it certainly doesn't seem at the moment as if he does but things are really hard to tell. it's hard to tell when somebody is cooperating with the fbi. i've been reminded of this repeatedly, former prosecutors, that's still true. if he has a cooperation deal with the southern district of new york, which is the courtho...

With federal judges. look, i don't mind that the prosecutor's are being aggressive, that they're standing up for their position. i don't know if i would have filed something like that, and instead probably would have asked for a sidebar and said, hey judge, you know you told the injury, injury i, you said something yesterday, i'm not sure it was correct. could you remind the jury that what you say is not evidence and you don't have an opinion nick? >> james one of the uncomfortable exchanges and there are many during the past several days but some of it is entertaining. there is one point wher...

Chris, on the off chance that this is successful, the whole mueller investigation is done. it is a wrap. this isn't only about roger miller, this is about whether mueller has the constitutional authority to do this investigation. >> that's a great point. the argument they are making is an existential assault on mueller's authority. saying it is violation of the constitutional appointment clause to create this body. it is violation of the constitution. and it would probably go to the supreme court. it would get rid of the whole thing >> yes. it could be the straw that stroke the camel's back or...

But at the same time he says but if i do get forced to testify, i am going to take the fifth. this is kind of hail mary pass. chris, on the off chance that this is successful, the whole mueller investigation is done. it is a wrap. this isn't only about roger miller, this is about whether mueller has the constitutional authority to do this investigation. >> that's a great point. the argument they are making is an existential assault on mueller's authority. saying it is violation of the constitutional appointment clause to create this body. it is violation of the constitution. and it would proba...