And the recusal but Jeff Sessions style. How could the man who said he wouldnt be involved in any campaign investigations put himself at the very certainty of this firing . A deeper look at that. The Trump Administration saying they may put a partisan politician in charge the fbi for the first time ever. Democrats also working overtime and saying if trump did make secret tapes, they must turn them over to congress. He should turn them over. To destroy them, it would be a vie lafgs law. If there are any tapes, they have to be turned over. If there are any tapes of this conversation, they need to be turned over. Now lets be clear. One of the strongest cases against donald trump has been made by donald trump. Former prosecutors noting the president s own words could even form part of the case of potential obstruction charges. Do you believe the president fired comey to interfere with the fbi investigation . The president s actions and his statement lends to that appearance. The difficulty and i look at this also as a former prosecutor can you prove obstruction based open the president s own words when we dont know whether we can believe this president. And new details about trumps very controversial invitation to jim comey for that white house dinner are leaking out. Stoking questions over whether two of the biggest xanld afltz Trump Presidency are linked. Let me show you some of the public evidence. A calendar year. Sally yates issuing that unusual warning to the white house about mike flynn being compromised by russia and lying about it in early january. Then january 26th, the yates warns the white house and says trump was then immediately briefed that, according to white house officials and then arranges his last minute trump comey dinner. So was that a response basically, a meeting to respond to the warning that flynn was being interrogate bid fbi agents . Is there an fbi record of what trump said that could confirm any thakt he gives to investigators be they from the doj or the congress. Now we have several doj and intel officials on the point to discuss this in a moment. Begin a guest who brings some very special perspective, former federal prosecutor Matthew Axelrod served as counsel to sally yates and shes stenlter of this storey. In your view, what is the most important thing we learned about President Trumps termination of jim comey this week . Well, thanks, ari, i think the most important thing weve learned is that what President Trump did this week is inconsistent with our Democratic Values and the rule of Law Enforcement its a bedrock principle in Law Enforcement that there be a separation between politics and Law Enforcement at the federal level. That means a separation between the white house and the department of justice. Thats important in every criminal investigation. Its all the more important in investigations that are politically charged or have political overtones. But its at the zeen edneth whey involve the white house themselves or associates or people that work on the campaign that got the president he lektded. What we saw this week about it president s own admission is one of the reasons in the president s head leading to him firing the fbi director was thinks concern over how that investigation was being conducted. Let me stop you there. Is that a crime . I think what is important its not the way it is supposed to work. There is supposed to be a wall twenty white house and the department of justice. The career men and women of the department of justice and the fbi do their jobs without fear of favor, without political interference. Thats the way its always been and thats the way its supposed to be. To have the prefz the United States of all people remost lead of the Investigative Agency that is conducting an investigation of his own president ial campaign is nothing short of astounding. You worked with these fbi agents day in and day out on cases. What would their response be if one of these partisan republican politicians is actually named as a candidate to lead the bureau right now . Yeah, i guess what i would say about both the career men and women of the fbi and the career men and women of the Justice Department is politics does not influence their behavior. Regardless of the action the president takes regarding the director of the fbi. I do think that the tradition of the fbi has been to have a political people appointed as directorsst fbi. I dont believe theres ever been a politician to run the fbi. It seems like now would be a particularly bad time to break that tradition which i believe is a sentment charrod by senator Lindsey Graham that he expressed earlier today. Matthew alexander, all measured. Even understated about the crisis as currently unfolding. I appreciate your time. Now to the panel as promised. Matt miller was a former official at doj under holder and msnbc contributor jeremy bash and msnbc analyst and former chief of staff at the cia and pentagon and Jennifer Rogers joining me in new york. Matt, what do you think is the message being sent by this white house floating these obviously partisan names at this moment . Its troubling. It is especially troubling if they pick either of the candidates to be head of the fbi. As you were eluding to, there has never been a head of the fbi in its history who came from a partisan political back grounlt. If you look at john cornian, he has no Law Enforcement experience in his entire career. So if you see the president pick a candidate like that, if he becomes the nominee to be fbi director with no Law Enforcement experience, i think its a sign that what theyre looking for is a partisan politician. Its not just a fact that he happens to be a politician. That is the sole qualification hes looking for. I want to play this to you. The hardest decisions we made in the last year, you thought about them a lot and they were decision thats were made for the right reasons, with careful thought and information with the involvement of the right people and i think all that added up to decision thats were the right decisions. Now reasonable people can seat world differently than i. And so i respect that people see it different. What i cant respect is people questioning motives. Because thats just nonsense. That is nonsense. I wander jeremy bash when you look at that jim comey who we recognize, someone who really doesnt back down from choices he made, is that same jim comey were going to hear when he speaks out on all this given that he is the sole holder some of basic facts about what donald trump is up to . Yeah, i dont think hell pull his punches. Went to the side of John Ashcroft in 2004 when the Bush White House at the time wanted to extend the warrantless surveillance program. Comey refused to sint legal authorization even though as deputy he was acting as attorney general at the time. The attorney general was incapacitated. He stood up to powerful forces before. And i think thats fundamentally what scared the white house. They said we cannot control this guy. If he comes after us, there is very little question do about it. But he scared them more in the job than out of the job. Well thashgsz true. After being criticized by the trump white house, he expresses confidence in james comey. To now have this aboutface really is extraordinary. Meaning . What do you think is happening . Well, its pretty obvious now that reasons that were set out are not actual lit reasons for the firing. What does that implicate for the brabd new Deputy Attorney general if is the first thing he writes a memo that looks false . Its unclear. I hope we find out more about. That well probably hear from Rod Rosenstein. So well learn a little more. It sounds like he was asked to justify firing and for all we know, he may actually believe everything he wrote in the mem yeen think that it was legitimate to fire james comey. But that doesnt mean thats why the president did so. He might. But matt, you have and your time at doj ever seen a letter like that . Why wasnt it honest about that . Any lawyer knows if you have a client qushgs you start the letter with pursuant to the counsel you requested and then give it. That letter oddly, perhaps suspiciously, seemed to be written in a way that it could be interpreted as a recommendation, an original recommendation when it was not. Yeah. Thats exactly right. There are a number things about that letter that were odd. I think the thing most inappropriate, there is no way that Rod Rosenstein didnt know what the president was doing and why the president wanted to fire jim comey. He had been over the day before he sent that letter. He had been over at the white house. W. Jeff sessions meeting with the president. How comey and ld that case is under investigation about it Inspector General. Rod rosenstein is supposed to be an institutionalist who this h. Been there as a career prosecutor who would stand up for the departments independents and the integrity of the investigations. He just didnt. He caved to the president and gave the president the cover he needed to fire jim comey by the president s own words because of the investigation into the russia matter. Its so important. You mention there are a lot of things the white house doesnt want people focused on. The fact that open inquiry into comey that they would care about has been shouldnted to the side as one more piece of this story that got lost this week. We have a special report on that later in the hour, matt. Im glad you mentioned it. I want to thank you jeremy bash and Jennifer Rogers for joining us. They sat coverup can be worse than the crime. Coverups are easier to prosecute. I was the coverup in secret tapes that ultimately ended next ons presidency. Next, ill interview nixons former white House Counsel about the increasing parallels to trump. John dean live on the point after the break. Later, who can fill the shoes of jim comey snt controversial but widely sprekted civil serve anlt who made many tough calls as fbi director cle discusses in this new documentary on usa. What people should take away from all the things weve been involved in over last year is whether you agree or disagree with the decisions we made, you have to know that they were always made if an honest, competent and independent way. That we are never, ever on anyones side. And sometimes in a polarized world, its hard for people to even conceive of. That they say well, okay, what are you doing . Were not doing anything except trying to figure out whats right sh whats true, whats fair, whats consistent . Youre not taking these. Hey, hey, hey youre not taking those. Whoa, whoa youre not taking that. Come with me. Youre not taking that. Youre not taking that. Youre not taking that. Mom, im taking the subaru. Dont be late. Even when were not there to keep them safe, our Subaru Outback will be. vo love. 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Right . Can you believe it . Trump channeling the feeling manufacture americans that there is something unbelievable about him serving as president right now. Not off the cup moment was at the obamacare president conference. It wasnt isolated for a man who he massed great wealth and power, trump is deeply insecure about his achievementes. The election is over. Trump cannot seem to get past it. Thats the New York Times front page today. An article profiling a president who still gives white house visitors maps showing his Electoral College victory. Which would sort of be luke a doctor giving you a xerox of his medical degree after his appointment. The president s insecurity and his instincts are on full display. Asked why he fired comey, trump brought up his he lek victory. I said, you know, this russia thing with trump and russia is a made up story. Its an excuse by the democrats for having lost an election that they should have won. And the reason they should have won it is the lekt ral college is almost impossible for republican to win. Very hard. This was an excuse for having lost an election. He had russia on his mind when he fired the fbi director. Keep in mind this is a decision that basically has two rules. Dont politicize it and dont interfere in an investigation. Historical lessons are not subtle. Theyre not esoteric. There are lessons that we learn in school whether we learn about watergate and the saturday night massacre and an american Justice System that upholds the law regardless of politics or power or eent president s power. They beat the traum yachlt they ruled unanimously against a president trying to subvert the law on conceal secret white house recordings. It would seem like a president would have to be ignore anlt of that history or have some kind of political death wish to bring up secret white house recordings as trump just did. Former watergate prosecutor believes it was ignorance. In just has the same ring of watergate all over again. Theyre trying to pull the same stunts President Trump doesnt understand watergate. He hasnt learned anything from. And i bet you anything if you asked him what watergate was about the only thing he could tell you is that involved a hotel. The parallels are bad. Nixon considered trying to install another fbi director that would be loyal. On this sunday night, a week frout comeys dismissal, the Trump Administration is openly interviewing partisan republicans as candidates to run the fbi. If trump wont learn the lessons of watergate, will the courts ultimately teach him those costly lessons . In a moment, ill be joined by a author of one man against the world, the tragedy of Richard Nixon and enemies, history of the fbi. And matt miller joins us as well. But right now, i want to turn to john dean who obviously served as white House Counsel under nixon and a witness for watergate prosecutors. Dean providing that public testimony the Senate Watergate committee that kusd the attorney general and Richard Nixon of wrongdoing. When you look at the personality and the emotion vofdz, well get to the law. Do you see parallels between how Richard Nixon acted either at the beginning, middle or end of watergate and what we know about Donald Trumps state of mind . I do see similarities in the personality. It is complex. The similarity theyre both authoritarian personalities. Nixon much more so in private. And trump very open and clearly ran on his autocratic instirvegts and powerful strong man stances. The differences is and what frightens me most about trumpcy was frightened about nixon. I always thought he would obey the law. Im not so sure about trump. They dont have anywhere near the competence to be president. Nixon was highly competent. Had been Vice President than in the house and senate. When you say in the end you felt nixon would obey the law, you mean that the lawful proceedings of courts or the lawful proceedings of the impeach ment process would he react to and youre saying trump would do watt . Im not sure. Thats where i think we can have a real constitutional crisis. This is a man who has hinted that he doesnt play by the rules. And he certainly has tested the rules throughout. He throws away norms, a few every day. Those are sort of the guardrail of society. Hes not on the outside of the rules at this point. But when that day comes, im just not sure if trump were in the same position as nixon and told about it Supreme Court to turn over his tapes, trum whp wd do it. I dont have that confidence at all. Take a listen to Richard Nixon saying welcome inquiries. This examination. People have got to know whether or not their president is a crook. Now im not a crook. One thing striking about that lie is that president nixon was appealing to the idea that he did welcome this examination. Contrast to donald trump hop said a investigation could not be valid. Tion. His statements are highly conflicting and untruthal. Nix nixon tended to lie about big issues and not on small issues. He is highly contradictory. What is most important thing white house aides should being now if they want this to end well . Well, i think that its too early to lawyer up. I think the white House Counsels office has to realize they have the biggest response biment of all. Post watergate, their job is not to represent donald trump but the officest president. And they have to make sure that he doesnt doing in to harm the office that they represent. John dean, thank you as you always for your perspective. Appreciate it. Thank you. Bring in time winer. Tim, your thoughts . John dean warned Richard Nixon on tape that there was a cancer on the presidency. And i think the diagnosis now is that we have paranoia and dilution in the oval office. If you take nixon at his most paranoid deducted 50 iq points and added twitter, youd get trump. This is a scary situation for our republic and for our institutions. When you look at john dean there holding fourth on this, what comes to mind . Obviously, he also was implicated in it which is why he became a cooperating witness. So hes changed over time. There are people presumably in the Trump Administration based on the reports were hearing about paranoia and the level of inquiries who must also be wondering what is the rest of the life and career potentially look like . For those of white house were alive in the 1970s, i think that where we must head now is to a select Inquiry Committee in the senate. Okay. But youre not answering my question at all. When i look at john dean, i ill rephrase. Im asking you, the people who work in the white house and they look at john dean who is white House Counsel but ultimately became, you know, became charged with a felony and then became a witness, do you think people working in the white house right now who are seeing these parallels because the president s bringing up secret tapes that may or may not exist, if someone is asked do destroy a tape, theyre cometing a fill onny. What are they snig. Prepare to be john dean. John dean was the man who came forth and testified truthfully before the Senate Select committee on wear the gate. And he was the whoun broke the great stonewall around the white house. Matt . You know, to answer your question about what people in the white house should do, one thing about Government Service is even when youre fwh a very high ranking important job, you have to remember that its one job youll have over the course of your career and over the course of your life. If you compromise your personal integrity, if you compromise your values and betray the oath of office you took, that will live with you the rest of your life. Thats an important thing in the white house. We talk about Rod Rosenstein, snaun had a great reputation that has now seen it unbelievably tarnished by writing that memo. That same thing holds true for people in the white house and people throughout the administration. They have to realize that this is this is a moment in time and think about the big picture and the obligation to the country and if nothing else, be self serving and think about career preservation. Right. They do arise. Take a list ebb to Richard Bloom bloomenthal. It looks and feels very much like that saturday night massacre when Richard Nixon fired one attorney general after another when they refuse to fire archie bald cox who was investigating the president of the United States. Now in fairness to history and donald trump, there are significant differences there to that parallel. He didnt have the awe das toy it fire a fib director investigating the white house. You would say saturday night massacre is a reach because at this junk tour does appear more lawful. It z one thing that is remarkable about the last week after the president fired jim comey, so in the coming days, he then admitted in contradiction of what his aides had said that he had russia on his mind when he fired him. He raised the specter of a quick pro quo by saying they discussed that at the same diber. Then he threatened the fbi director publicly on twitter. So we talk about parallels to nixon. One big difference is the way the president almost seems eager to confess to obstruction of justice in public. This thing accelerate sod quickly to a coverup. And the president really, hes the only one responsible for that by his actions this week that i think were going to see a big expansion both of the fbi investigation and hopeful lit congressional investigation looking at his actions. Important points, matt miller. Thank you for your expertise. Next on the point, the political side of this. Jim comeys fallout, the republicans now slamming democrats for what they call flipflops. Democrats making their demands clear within the search for a new director. Im joined by a big Political Panel to weigh in on how this will play out. Thats next. Whats that . P3 planters nuts, jerky and seeds. I like a variety in my protein. Totally, thats why i have this uh trail mix. Wow minty. P3 snacks. The more interesting way to get your protein. Whats going on . Oh hey thats it . Yeah. Everybody two seconds dear sebastian, after careful consideration of your application, it is with great pleasure that we offer our congratulations on your acceptance. Through the Tuition Assistance program, every day mcdonalds helps more people go to college. Its part of our commitment to being americas best first job. In new herbal essences its bio renew a blend of sea kelp, aloe and antioxidants that help bring your hair back to life. New herbal essences. Let life in. Tech when your windshield needs to be fixed. Trust safelite autoglass. For these parents, driving around was the only way to get their baby to sleep. So when their windshield got cracked. Customer we cant drive this car. Tech . They wanted it fixed right. So they scheduled with safelite. Our exclusive trueseal Technology Means a strong, reliable bond, every time. At safelite, we stand behind our work. Bye, bye. Because the ones you love, sit behind it. parents whisper jingle safelite repair, safelite replace. Democrats look nor more embolden on this issue. Chuck shum hears a lifs demands. Well be pursuing several things in the coming days and weeks. First, mr. Rosenstein should not be the one to appoint a special prosecutor. Second, mr. Comey is needed more than ever to testify before the senate. Third, attorney general sessions and Deputy Attorney general rosenstein should brief all senators on these events separately and in a classified setting if necessary. And they should do it soon. Tonight on the point we can report schumer is making some progress. Rosenstein expected to brief the senate this week. The senate requested comey testified. He refused a date in this coming week but could testify when the details are worked out. Theyre also picking up support from some republicans. Any secret tapes that trump may have recorded be submitted to congress. They call the fbi director and explain what happened at that dinner f there are any tapes, you have to turn them over f there are any tapes of this conversation, they need to be turned over. I doubt if there are but we need to clear the area. A White House Correspondent for the daily mail is joining us and doran warren from the roosevelt institute. Congressman, do you believe there are tapes . Should the congress get them . What donald trump one never knows. But if there are tapes which in and of itself is would be remarkable and show a paranoia that we have not seen since Richard Nixon. If there are tapes, there is no question that congress should get those tapes. As well as anyone that is conducting a legitimate investigation because they would offer evidence into these matters. I dont think there can be any shred of doubt about that and frankly, i see i think my republican colleagues will be largely mia in this matter. I think even they would have a tough time saying that congress does not deserve to hear these tapes if they exist. And congressman, when you say youre not sure, you mean that donald trump might be lying about the tapes. Is that worse . Donald trump may have a credibility issue. He may have just made this up. This has been reported by a white house that frank dod has a leaking problem they continue to leak so that we get this information. He might have literally just had a spur of the moment thought to say that there were tapes and then 30 seconds later thats out there on twitter. Right. Francesca, wanlt to play something for that you would be the biggest story today if there werent so much else going on. Adam shift, a fairly understated member of the intelligence committee, pretty careful guy, was on the hbo show and basically confirmed his view that if there was no there there on russia, jim comey would still have a job. Now thats his view. Its an informed one. Take a listen. What do you say to the no there there people . Is there a there there . If there fwhooz there there, james comey would still have a job. The reason why the russians were successful is because we are so bitterly divided and onest reasons as president is so destructive is he keeps feeding those divisions. Francesca, thats as close to an till jens Committee Member will get to basically saying he has seen something that means there are crimes occurred that hasnt been established by the fbi yet. And thats something that also hasnt been established by the senate. We heard Lindsey Graham saying earlier today, ari, he hasnt seen any evidence of russian collusion between donald trump or his campaign. And the russians. And also that he hasnt seen anything that would make him think this warrants a criminal investigation. He said there was a Counter Intelligence investigation here but not a criminal investigation. Now thats key because that is what he used for the crux of his argument that there also should not be a special prosecutor at this point. He said if there was thaefdz a crime was committed, he would be more interested in seeing a special prosecutor. But until he see thats evidence which he hasnt seen at this point that there shouldnt be one. There is so much smoke here, ari. There are people investigating him. Sally yates, the acting attorney general who tried to warn the white house about mike flynn. Lets not forget about the former United States attorney here in new york was also doing an investigation. Then you have fbi director comey. So that is three people that he has xplis isexplicitly fired th been doing some kind of investigation into this administration and the previous campaigns relationship with russia. Often where there is smoke we know there is fire. Yeah, and congressman, not to be too flip here, but you know people swhi is watching the watchers . The very way that this fbi director was removed has put at least some suspicion around the people in charge of the Justice Department. Now heres senator leahy in a new letter saying he wants that investigated. Were writing to ask that you examine Justice Department officials involvement in trumps decision on may 9th to dismiss fbi director james comey. He is sending that letter to the internal watchdog of the doj because of all the questions around recusal and propriety. Do you support an inquiry of that or do you worry that we have too many inquiries stacked on inquiries here . No, i absolutely do support it. The Deputy Attorney general had a great reputation that has been sullied by his connection to donald trump. One of the great cautionary tale to anyone who works for this white house, you always come out of it when youre connected with donald trump. He skates away but you come away completely sullied about it experience. Congressman and francesca doyle, thank you so much. Ill see some of you later on. The question though millions asking about jim comeys firing, is any of this normal . We have a reoccurring seg ment on the point here called normal or not. Ill dig into. That and also white house officials saying comey lost the confidence of the fbis rank and file. That is part of why he is removed. Well, heres the former director talking about those folks in an interview with the usa documentary inside the fbi. I want people to seat fbi and know not just the work but its people for two reasons. First, i want to tract great folks to want to do this with their lives. The second is its really important that the American People believe us and trust us and know that the extraordinary power they have given us, were using it responsibly and good people are at the heart of using that authority. Anything, text me. Do you play . Use the chase mobile app to send money in just a tap, to friends at more banks then ever before. You got next . Chase. Helping you master whats now and whats next. One of many pieces in my life. 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See your doctor if your asthma does not improve or gets worse. Ask your doctor if 24hour breo could be a missing piece for you. Learn more about better breathing at mybreo. Com. Deartheres no other way to say this. Its over. Ive found a permanent escape from monotony. Together, we are perfectly balanced, our senses awake, our hearts racing as one. I know this is sudden, but they say if you love something. Set it free. See you around, giulia it is normal for the Justice Department to recommend the firing of an fbi director . No. The fbi director is the only job with a ten year term precisely because directors serve longer than any one administration. That ensures they stay above politics. It is normal for the Justice Department to recommend the firing of an fbi director in the middle of an internal inquiry into the director . No. Rod rosenstein sent that famous letter recommending his dismissal but note the blatant breech of protocol that doesnt admit that a doj inquiry into the clinton case was still open. You might have forgotten. Inspector general Michael Horowicz announced a review of how he handled the communications about the clinton case. That review remains open today. It could find comey acted improperly or could clear his hand willing of the case. But to accept the alleged story in rod rose ensteins letter, you have to believe the opinions of outside commentators that dont have any access to the facts of case matter more than an actual inquiry conducted by prosecutors at the doj. It doesnt even acknowledge the existence of doj inquiry. Knew alone is a breech of protocol. Rowsenstein could have written something else. He could have said review of comey is still open. The problems here are so urgent you have to act, mr. President. He could have said. That but he didnt. That would have been a debatable conclusion but at least would have been honest. Instead, rosen stein protected there was no review and this is a formal inquiry by his own colleagues operating from a suite of offices on the same floor as the new Deputy Attorney general. Just let that sink in. Rosenstein is not simply overruling any conclusion his colleagues reach potentially undercutting the entire role as an internal watchdog, he is pretending they dont exist which could be tense when they see each other in the hallway. Even rosenstein messed this up. A senior fbi official says that by railroading the internal investigation by mr. Horowicz, rosenstein tipped his hand, the timing of this decision is questionable. They, Trump Administration officials had, the opportunity to hang their decision on the back of the ig investigation. Why they didnt only raises questions about their motives. That is usually a polite phrase for lying. And that is from a former assistant director of the fbi saying that Trump Administration had other motives for firing comey, not in rosensteins letter. And trumps now admit thachltd Chuck Schumer racing the same basic problem. Why didnt the president wait for the Inspector Generals investigation into director comeys hand willing of the clinton email investigation to conclude before making his decision to fire him . That is one of the many important questions hanging over all this. Donald trump didnt make his own life harder by admitting he didnt fire comey based on the reasons in that doj letter, he made Rod Rosensteins life a lot harder. The most public significant thing Rod Rosenstein has done in the new job is take the lead in and issuing guidance one that is false and two that breeches investigation protocol and, three, it undercuts Public Confidence in Law Enforcement. He is restoring Public Confidence in the fbi. It is either ironic or tragic that the First Step Towards restoring Public Confidence is mr. Rosenstein withdrawing that letter and also coming clean with what really happened this week. If you dont that, its hard to see how any of next weeks on the job will go any better. I draw on personal experience with thousands of honorable Law Enforcement officers around this country as i seek to implement change and to build public trust. Justice is our name. Justice is our mission. Justice and public trust. It is exactly that public trust that mr. Rosen stein has currentcurrent put in fundamental doubt. We take a look at attorney general Jeff Sessions and his socalled self recusal from campaign inquiries including, of course, rush yachlt and with the firing of jam comey that, is all now becoming much more questionable. Did sessions violate the recusal . Well dig in with a legal expert and former fbi special agent. Music werewolves of london dude. Your crunchings scaring the fish. Dude. 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We know the future. Because were building it. Jeff session role in firing comey has brought his recusal into question. His removal from participation to avoid a conflict of interest. He recused himself if all campaign inquiries. I have now decided to recuse myself from any existing or future investigations of any matter relating in any way to the campaigns for president of but then sessions recommended comey be fired. And adds we were just discussing, his deputy wrote that letter saying his main reason was comeys handling of, wait for it, a matter relating to the campaigns for president. What he has done shows a blatant disregard for his commitment to recuse himself and in my view raises serious questions about each worse, the dojs supposed reason for firing comey contradicted Jeff Sessions public praise for the same conduct in november. Fbi director comey did the right thing. When he found new evidence, he had no choice but to report to the American Congress where he had under oath testified the investigation was over. He had to correct that and say this investigation is ongoing. So did sessions violate his recusal . We asked several leading experts on ethics. Law professor Steven Geller is telling our unit it was a violation. The grounds for firing mr. Comeys are during the campaign and prior to the election. Others, though, tell us it is a gray area. Former prosecutor michael waldis criticized sessions but said his role about the firing is in a breach. He, quote, recused himself. So there is nobody who can accuse him of a breach. It would have been wiser to do the firing without sessions involvement. It makes sessions look potentially worse as he participated in something that is now a misleading cover story. And if it were true, perhaps he shouldnt have been advising in the first place. Law professor Kathleen Clark and former fbi special agent in shark rick schline. How bad is the recusal piece of this . Its quite bad there are three Different Reasons that attorney general sessions had to recuse himself from the firing of james comey. One, there is a regulation from the Justice Department that says you have to recuse yourself from participating if you have a political relationship with the subject of the investigation. And we now know that the firing of comey was related to the fbis investigation of the trump campaign. That is reason number one. Second, there is an additional regulation that applies across the executive branch that requires recusal any time it would be reasonable to question the impartiality. Right. Of a government official. And in addition, at his confirmation hearing, attorney general sessions promised that he was going to recuse himself on any investigations related to clinton. He lied. Yeah. Youre saying you think sessions was lying . The facts suggest that sessions was lying when he said that because he made this commitment and then he didnt abide by that commitment. Right. Rick . Im bothered more by the fact that the dojig information is still out there. That would have been a much better and fuller accounting of the fax. I dont understand why the typing othis decision to fire director comey when you had this pending investigation which would have gotten to the fax and made a recommendation, that then would have provided cover for the attorney general as well as for the president. It just seemed like a ready, shoot aim, a ready shoot aim. Let me ask you, youre in agreement with the fbi official i quoted in the segment before the break who said look, that was where the clinton issues should have been dealt with. And getting out ahead of it as the Deputy Attorney general Rod Rosenstein says about his motives. What do you think the fimoefrg s motivations were . I would never try to guess at individual motives. You never know what is in a persons heart. And this is driven by politics, which muddies everything. And thats why the importance of the ig investigation. Wait for the facts to come out with a recommendation, and then act on that recommendation. The attorney general had a very im sorry. You work as the fbi agent to find fax. Put yourself in the shoes then of these people in what youre calling the ig investigation, these folks who are looking for facts in the clinton case. That thing is open, but now theyve been undercut. How do you think they feel likeright now . I would hate to be an investigator with this set of circumstances. It makes it very difficult for you to do your job and do it in an impartial manner. So yeah, i would absolutely hate to be in their shoes right now. Professor . Yeah, i would say that the Inspector General actually needs to investigate attorney general sessions participation in the firing of james comey. Because he violated the Justice Department regulation, the ethics regulation and his own promise to the senate. Gosh, it is easy to lose track, but youre referencing senator leahy who made a separate request saying these investigators in the watchdog unit who have been undercut obviously on the firing should now start a new inquiry basically into what sessions and Ro Rosenstein were doing . In particular whether attorney general sessions violated the recusal requirement in a Justice Department regulation, yes. And to your point, and again the evidence that is out there, here was Jeff Sessions in january, not a long time ago, outlining how he would be getting out of the way of anything regarding Hillary Clinton. With regard to secretary clinton and some of the comments i made, i do believe that that could place my objectivity in question. Ive given that thought. I believe the proper thing for me to do would be to recuse myself from any questions involving those kind of investigations that involve secretary clinton and that were raised during the campaign. Rick, thats a concession under oath about his views of Hillary Clinton and bias. And then he approves the decision of the threepage letter that is only about the handing of one case. I mean, james comey oversees a lot of different cases. And the only case was the Hillary Clinton case. Yes. So i think his recusal was so broad, it had to do with anything related to the campaign because of his involvement with the trump campaign. His involvement in the decision to fire director comey is troubling. He should have recused himself from that decision process because it had to do directly with campaign issues. Something that he had broadly recused himself. From. Right. Its almost its almost as if you were trying to do this decision in the sloppiest, most contradictory way possible that would invite the most potential investigations thereafter. This would sort of be the way to do it. Well, you also dont know what was driving that. So if the president of the United States, who is your boss says to you i want a memo outlining the reasons to fire the fbi director, because he wants to fire him and he wants to do it now, you really are in a catch 22 position as the attorney general or as the Deputy Attorney general. So you really you got to kind of look behind the decision process. And we dont know that. We dont know what conversations the president had with the attorney general. The exception of that being the further down you go in the doj hierarchy, the less youre supposed to have direct contacts with the president and an individual, period. Thats one of the overlying problems. Kathleen clark and rick sclhwine. The reports of a shakeup at the white house whom. Could be on the chopping block . Democrats demanding a special counsel. What the inquiry would look like if it changed hands. Much that and more as we stay on the point. Whats that . P3 planters nuts, jerky and seeds. I like a variety in my protein. Totally, thats why i have this uh trail mix. Wow minty. P3 snacks. The more interesting way to get your protein. Before fibromyalgia, i was a doer. I was active. Then the chronic, widespread pain drained my energy. My doctor said moving more helps ease fibromyalgia pain. She also prescribed lyrica. Fibromyalgia is thought to be the result of overactive nerves. Lyrica is believed to calm these nerves. Woman for some, lyrica can significantly relieve fibromyalgia pain and improve function, so i feel better. Lyrica may cause serious allergic reactions or suicidal thoughts or actions. Tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. Or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. Common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. Dont drink alcohol while taking lyrica. Dont drive or use machinery until you know how lyrica affects you. Those who have had a drug or alcohol problem may be more likely to misuse lyrica. With less pain, i can be more active. Ask your doctor about lyrica. I can be more active. Whattwo servings of veggies . V8 or a powdered drink . Ready, go. Ahhhhhhhh shake shake shake shake shake done you gotta shake it i shake it glad i had a v8. The original way to fuel your day