shouldn t. don mcgahn could reject that advice especially now he has a district court opinion on his side. given the fact he went this far, it seems to me it s likely he will wait for the appellate process to play itself out. you re making a good point he could decide to testify tomorrow and have the protection of this district court opinion. he did spend 30 hours testifying before the mueller report inquiry. he did. but that was at a different time when the white house wasn t interposing these objections. at the time, the white house, when ty cobb was the lawyer who was coordinating the white house response to the mueller investigation, the president was allowing people to testify. the president has not allowed people to testify before this congressional investigation, or any congressional investigations. so the question is will don
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the conversation, the former white house associate counselor, both still with me. ian, as a former white house counsel, what is your raekds to th this news. there s three problems with this. we had an extensive policy that had been honored not just by the obama white house but the bush white house on when it was appropriate for white house staff to call the department of justice and what sort of communications were permissible and one generally is not and coordinating about individual law enforcement matters, investigations and prosecutions. and this sounds an awful lot like that. the second problem with it is the individual law enforcement matter issue involved the president so the conflict of interest is quite insane. and the third problem with it is it doesn t matter whether the president broke a loll or not, the founders are very clear the impeachment clause does not
problem one is when i was in the white house counsel s office, we had an extensive policy thatun had been honored not just by the obama white house but the bush white house on when it was appropriate for white house am staff to call the department oft justice and what sort of communications were permissible and one that generally is not is coordinating about individual law enforcement matters, investigations and prosecutions. and this sounds an awful lot at like that. s the second problem with it is the individual law enforcement d matter at issue involved the president so the conflict of interest is quite insane. and then the third problem with it is it doesn t matter whether the president broke a law or not, the founders are very clear the impeachment clause does not require violations or a federal statute.he so on all three fronts this is deeply t disturbing that it s going on, but it doesn t absolve the president. in fact, it just makes him look more guilty. well, and my big reac
about him. we see president trump not only having the political challenge of not only having to do with the political fact that his attorney was invoched in things the president was impeached over, which is ukraine and trying to get dirt on a political opponent, but also the fact that julgiuliani is involv in league issues that could involve the president. in his defense, he says, i can t be charged because i was acting at the behest of the president, not at the foreign government. but if the president is telling you to do something the foreign government is telling you to do, it doesn t matter whether president trump is acting in the u.s. s best interest or his own, which seems in this case to line up with some disreputable foreign officials who giuliani and these two indicted associates were working with. let s turn to the impeachment inquiry and i want to start by