to complete that undertaking. because the trump organization really couldn t pay for it themselves. that would be an illegal contribution. so the whole issue here is, was this a willful and knowing violation of federal election laws should this ami payment to mcdougle be reported and was the trump campaign in any way complicit with it and the tape itself doesn t answer really any of those questions, but it is something that will be of value to the prosecutors as they evaluate this case. caroline, when you look at whether money actually traded hands, there is no evidence that the money that was discussed here actually was paid out. you had rudy giuliani also saying on fox, this is at most an attempt to do something. i don t know of any attempt in this category of crime that they are looking at. so, end of story? no, not end of story. michael s right that this could end up being more politically
for extrapolating that he cannot subpoena him to testify in front of the grand jury. that is not the case. certainly if you ask any legal scholar about that issue, that hasn t been taken to the supreme court either. the question of whether or not a sitting question can be subpoenaed for testimony. of course, we have the nixon precedent but that referred to tapes. documents and tapes. by all accounts, the supreme court said a sitting president is not above the law and seems that they would follow suit when your talking about testimony. it s true that that specific instance hasn t been tested. we saw in the clinton case, he voluntarily testified before the grand jury. ken star did issue a subpoena but it was retracted. shepard: there s new reporting tonight on michael cohen, the president s fixer and one-time lawyer. you ve said more than once on this program, caroline, that it s the work of the southern
president. it s about impeachment. impeachment has to come before indictment. that s a law, not just in the united states, that s the law that governs for more heads of state in the world. shepard: not exactly settled law. that would be a supreme court matter what he said, impeachment has to come before indictment. analysts say if mueller does believe president trump committed a crime, he could write a report that congress could use for a possible impeachment trial and all this could go to the supreme court. let s go to caroline pelosi. a federal and white collar crime. is that settled law? it was my understanding that contrary to what rudy guliani said, this could be a matter for the supreme court. you re right in one sense but this issue has not been decided by the supreme court. the issue whether a sitting president can be indicted, it s nowhere in the constitution.
district of new york rather than the work of robert mueller that may be more concerning. sounds like they re agreeing in the white house. yeah. the one thing this is the one-year anniversary of the special counsel s appointment. the one thing, the biggest development in this case to date is this referral by special counsel robert mueller to the southern district of new york. that prosecution is moving forward. there s too much to even mention what s going on, even today in that case. by all accounts, the issue of cohen flipping and providing information on trump, on trump campaign officials potentially, is a big deal. thanks, caroline. good to see you. there s word that reports of suspicious financial dealings by president trump s personal attorney are missing all of a sudden from a government database. what happened to that? well, that s why somebody went
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