president can continue to ignore a law even after a court upholds it like you said in seven sky? ignore is not the concept there as i think we discussed when we met. when had a good back and forth on that. the concept is prosecutorial discretion. that s the concept that i referred to in aiken county opinion to explain the foot note you re referencing. in prosecutorial discretion is firmly rooted in the united states versus richard nixon case says the executive branch has the exclusive authority and absolute discretion whether to prosecute a case. that s an exact quote. heckler versus cheney says that that applies in the civil context. the limits prosecutorial discretion is well-recognized. in other words, the u.s. attorney s office might prosecute gang violence, but let low level marijuana offenses go
there s a confirmation process underway. i do want to ask judge andrew napolitano here before i go to others in the cue. we talked about george w. bush nominating judge roberts and sam alito. president obama did have his mark on the court with justice sotomayor and kagan. it s not that he didn t have a chance to have a legacy of supreme court justices. the merrick garland nomination, which will unfortunately be relegated to a foot note, was captivating. he was truly the most conservative nominated by a democratic president since robert jackson, nominated his own attorney general. but we know what happened. mitch mcconnell saved that seat until an a republican had an opportunity. the president needs to decide whether he wants somebody with a
that the president did reimburse and pay his long-term lawyer michael cohen more than $100,000, perhaps reimbursing him for the hush money paid to stormy daniels. what are the legal implications of that? they are significant. the general and then there are specific implications. on a general level, does anyone tell the truth. the reality is that we heard the president speak to this issue. we heard the president deny the issue. we heard cohen speak to the issue and heard him deny it. it is a further basis for if you want to talk about stormy daniels for him not sitting for any deposition and getting rid of that because he ll lie and then there is perjury and it speaks to what we ve been talking about which is why he can t sit down with the special counsel and then you have the specific issue and we know that there is a referral to the justice department and i think there is two things for the justice department to investigate. number one, why this delayed disclosure, in 2018 you
frustrated, as well. if you were giving someone counsel on how to it has nothing to do with what is happening to him. you might say that should also get attention but doesn t change the math of what he is facing and how he is handling it. i disagree. tell me how i m wrong. how am i wrong that speculation about the democrats and the dossier is irrelevant to what the president is doing? this is all part of this investigation which is they show no type of coordination it s not over. it s been a year. people caught up in doing bad things. they went to the court with the dossier and didn t tell the court who paid for it. not true. read the bullet point on that. read the foot note on that. it is the most convoluted thing trying to figure out what they said. they didn t disclose another
could have cough orted with others. and raj joins us. to the comey memos republicans were pressing the justice department to release and is there anything in the memos that the president disputes? well, jake, thanks for having me on. i will say right out of the gate when it comes to the memos, in one of them james comey put in a foot note that these should be marked secret. that is a level of classification that involves you need a security clearance to now he sought it fit to give memos to a friend and have the contents read out to the new york times. the fact that he arankd for the memos to be leaked and thought they were classified raises serious questions about his judgment and integrity because in one of the mem oez said i m not a weasel and he does not leak and that memo itself has been leaked among many others. well i m not sure the number