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And that's inconsistent with the precedent, u.s. versus nixon, the supreme court in a unanimous decision required president nixon to cooperate with a grand jury investigation. it's also downright unamerican and inconsistent with constitutional values about accountability and about equal justice under the law. and that's why both the trial judge and the appellate judge that heard the case today expressed incredulity that the president is essentially saying that he is above the law. that's not how we do things in the united states of america. >> i want to play for you a guy that had you still be...

Investigated. and that's inconsistent with the precedent, u.s. versus nixon, the supreme court in a unanimous decision required president nixon to cooperate with a grand jury investigation. it's also downright un-american and inconsistent with constitutional values about accountability and about equal justice under the law. and that's why both the trial judge and the appellate judge that heard the case today expressed incredulity what the president is essentially saying that he is above the law. that's not how we do things in the united states of america. >> i want to play for you a guy that h...

Justice department would have been your boss. he was in fact chief law enforcement officer for our country briefly. this is former acting attorney general whitaker on what is a crime. >> i'm a former prosecutor. and what i know is this is a perfect time for a preliminary hearing where you would say show us your evidence. what evidence of a crime do you have? the constitution, you know -- sort of abuse of power is not a crime. >> okay, counselor. question number two. abuse of power is not a crime constitutionally. true or false? >> well, it's not a crime in the sense that you can go to the unit...

With the president. >> oh, there's the key. that may be subject to executive prif ledge and then you have this back and forth and well, then you might have to come back, and we need to you actually say this is something under which the president is going to site executive privilege. help us understand how this work and how nasty this part of it could get. >> yeah. i have a feeling we're going to hear a lot more equivocating from whitaker on whether he is or is not invoking executive privilege. this is something i expect won't get hashed out until he's invited or perhaps subpoenaed to return. i...

Justice. >> you mean collusion -- >> conspiracy -- >> you're advancing a criminal conspiracy, you're guilty. but glenn, i don't think this is anything more than a joke, this written stuff. it's just to slow the thing down. it's like negotiating with the north vietnamese during the vietnam war. we'll talk and we'll fight, we'll talk and we'll fight, but we're not going to give anything. we're just going to play games with you. >> right. >> anyway, we already know that whitaker is effectively trying out for the job in the administration by defending the president publicly on places like fox and ...