you know, the criminal law is what it is. if prosecutors can t get to him with the proof, they can t charge him. that, of course, is what they ve been working on for a couple of years now so we ll have to see. ely, as you know, michael cohen has said nothing happened at the trump organization that donald trump didn t know about. he has basically testified to that. but you ve made the point you have to be able to actually connect the dots. yeah. as a prosecutor, alisyn, you cannot stand up in front of a jury and say, come on, folks, he must have known, he had to know. that s what the burden of proof is about, that s what proving the case beyond a reasonable doubt is about. that s not enough. you need specific proof. you need a document, you need a witness who can say, he knew about this, he was part of it. also, speaking of michael cohen, alisyn, i think it is an appropriate occasion in thinking about donald trump s sort of lack of accountability to think of all of the people around
thank you both and thanksgiving week i m thankful for you both. what does this mean for mcgahn when he shows up and says the president doesn t want me to talk about that. we go from immunity to pr privilege. what does that mean? it tells mcgahn you do have to show up. the president s position is that he didn t even have to show up. judge ketanji brown jackson today really blasted that down, ruled that this idea of absolute immunity is a fiction, is baseless and gets separation of powers absolutely backwards. if and went don mcgahn does show up, still pending appeals, he could invoke executive privilege but it s narrow. it does not apply to ongoing discussions about criminal activity, i would argue, including obstruction of justice. jenna, we can t be that surprised, we had harriet myers,
up this legal fight from all the witnesses missing in action, mulvaney, pompeo and bolton, on down the line. the comment i m not surprised from this judge. i ve been in front of dozens of federal judges in my career. and i was in the courtroom for the mcgahn argument. this judge was on point, prepared and couldn t have been fairer she heard out both sides. we were there for hours and hours beyond closing. it s really not fair to cast aspersions on this judge. of course you re dpog say that because you agree with that. trying to compare records and personal attacks don t get you far in disagreeing with the merits of what she said. i saw her in action and i read the opinion. that s a long opinion. you read fast. he said the flores settlement
today really blasted that down, ruled that this idea of absolute immunity is a fiction, is baseless and gets separation of powers absolutely backwards. if and when don mcgahn does show up, still pending appeals, he could invoke executive privilege but it s narrow. it does not apply to ongoing discussions about criminal activity, i would argue, including obstruction of justice. jenna, we can t be that surprised, we had harriet myers, we had the espy case, the courts tend to shared towards fair progress. does this mean they go running to court and say they have to all come in? this wasn t a surprise at all, especially coming from this judge. the white house has indicated of
hunt. the judge just said exactly the opposite. i disagree with her. i think she ll be overturned. that s the beauty of the system. you don t have to like it but you must obey. no judge is going to call it a witch hunt. we can guarantee that right now. what will it mean in terms of subject matter what they get up there to testify? first of all, it is going to be really hard to draw a distinction between don mcgahn and the need for congress and entitlement of congress to have that testimony and the need for congress if they choose to take up this legal fight from all the witnesses missing in action, mulvaney, pompeo and bolton, on down the line. the comment i m not surprised from this judge. i ve been in front of dozens of federal judges in my career. i m not sure how many she s been in front of. and i was in the courtroom for the mcgahn argument. this judge was on point, prepared and couldn t have been fairer she heard out both sides. we were there for hours and