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Crime. and the executive privilege does not allow him to have a criminal conversation. even if he was president. so the question of whether he can assert kind of privilege while he is in the transition phase is a separate question. i don't know whether privilege applies to the transition period. but it certainly doesn't apply to the transition period if those conversations were criminal in nature because if he was president it wouldn't apply. >> right. the other thing is, every day that whitaker's in this role is remarkable. i mean, there is essentially the olc itself, the only precedent they ...

All these case, including himself and still face state prosecution because of this kind of stuff that is being picked up now? >> you know, even if this wasn't a politically dangerous strategy, something that clearly crosses everybody's red line, it just as a practical matter won't work because these people could be recharged in the state system. the pardon wouldn't apply. the president can't pardon people for crimes that they commit that are state crimes. and at the end of the day, these folks still have exposure. >> okay, thank you. it's great having your expertise. joyce vance for joining us...

Could work and it wouldn't violate the nepotism statute because it wouldn't apply. >> who rules on this, pete, and when would you get a ruling? can you get prior review from a court? how does trump know if he's breaking the law? >> you have to ask lawyers in advance. courts don't offer advisory opinions. and there's a question of who would sue? who would have standing to sue. what would have to happen, the president would make an executive decision, somebody who's harmed by that would go to doubter and says, i know this jared kushner guy is advising the president and has no business being ther...

Loyalty to them? you saw this throughout the primary. they would try to wrangle him and talk to him as he was going further and further in the process and he would not be wrangleled. i don't know that he thinks like that. when you put that against paul ryan who, this time of year, has one job, to keep the republican majority in the house. and when he sees -- when members are coming to him saying people aren't going to vote for me now because of what donald trump has said because we are allied with this person who doesn't represent the values of that district. i'm not saying that across the boa...

Democratic. the majority of them in 2013 may recall mayoral race voted for the democrats. there's reason why de blasio is favoring this. >> you change the rules you change the outcome of the elections. i think it's wrong to do that with something so important as citizenship. >> where is this measure at? >> well, the city council almost passed it two years ago but the then mayor opposed it. right now it's legislation that's moving through the city council. same in washington, d.c. and the sponsor of this legislation, said as new york goes, so goes the world. they want to take this on the world ...