that's all we have for tonight. time to hand things over for don lemon. cnn tonight starts right now. >> announcer: this is cnn breaking news. breaking news right now, michael flynn forgot to mention another foreign trip on his clearance form. this is cnn tonight, i'm don lemon. democrats want to know about flynn's 2015 trip to the middle east. their investigation could look at whether president trump acrossed the line with his investigation with fired fbi director comey. press briefings cut back as rumors fly that sean spicer

maybe leaving the podium. let's get to cnn's jim schuitto with more on breaking news. we have new reporting tonight on what must be a thorn in the president's side. the former national security adviser michael flynn failing to close a middle east trip about a russia deal. what can you tell us? >> this is a letter from the ranking members and democrats on the house oversight committee and foreign affairs committee to general flynns lawyers as well as two of his business patterns asking about a trip in the summer of 2015 to saudi arabia to arrange, it appears a nuclear deal between saudi and rush to build power plants. unclosed when he took a position in the trump white house. they're also asking about a trip later that year in october of 2015. flynn provided no details for where he stay there had, who he traveled with and the purpose of the trip. in addition to that, on that

security clearance form general flynn did not list any meetings with foreign officials for the seven years prior to the application to the security clierns before entering the trump administration. all of those are required by law to report on your clearance forms. i acted flynn's lawyer today with he would not comment on the lawyer. >> interesting. jim, cnn's learning the judiciary committee widening the scope of their investigation, they're now going to look at obstruction of justice allegations. >> that's right a moment seems of bipartisan or some bipartisan, the ranking democrat on the judiciary committee, finestein and the chairman, senator chuck grassley agreeing on the outlines of their probe. big picture, they're going to focus on russian interference in the election but they're also going to look at the possible of

interfering with the fbi director, not just by the trump administration but by the obama administration. what's interesting about this, is that you have the republican chairman of the judiciary committee at least including in the scope of the investigation the possibility that donald trump interfered in the investigation, meetings with the fbi director, jaime comey, what he asked him today. but it also could mean it's the judiciary committee that ends up going down this path of obstruction of justice. the senate intelligence committee we've signing the hearings and brud casted them live here. the judiciary takes the lead on the possible of obstruction of justice included by the president. >> jim schuitto thanks so much. i want to turn now to stonewalling in the white house briefing room and those rumors about press secretary sean spicer. cnn's jim acost is that joining me now. let's talk about the reporting

about the future of press briefings with sean spicer. does he still have a job? >> well, i think he still has a job don, i'm not sure about melissa mccarthy. she may have to seek out any impersonations to pick up. what we understand from talking to our sources is sean is being talked about in a different role. i'm told by sources would oversee the white house press secretary job and also the job of communication director, those are two very big jobs here at the white house. sean spicer may be overseeing that in a future role. i talked to a ditch source over here who said some of this may not be completely set in stone, the process seems a bit, quote, chaotic right now. we should underline we've heard these stories before about the white house reince priebus he was going to be out.

those thing have not come to pass. what we do understand from talking to our sources this evening is that this discussion is happening that sean spicer may be leaving the podium. no time line set. >> so staff shake up, all right that happens. jim, this is 2017 and the white house is refusing to let you ask questions on camera or audio today, what is going on over there? is it the russian investigation, they don't want to answer questions? what is happening? >> it sure seams like the russian investigation. let me paint the picture for you don, you've been here at the white house before and sat in the white house booth with us here at cnn, when you walk through that briefing room you know when we have a press briefing at the white house and all the reporters are in the different spots and asking questions of sean spicer, that is almost actually what occurred in the briefing room. we had a briefing going on inside the white house with the exception of cameras and audio.

we had the same thing that the press secretary does at any other time during a briefing except the warehouse says you can't record what is said in the briefing on video or on audio. what is shocking about this, not only is it the year 2017 but you have a lot of questions that need to be asked, like is the president under investigation. he tweeted he's under investigation. what about the recordings over here that the president floated this prospect of having. the white house, sean spicer said earlier today we might have an answer for that by the i know of the week. by the way, they said that last week, and on and on. don, i think what they're trying to do is give us the same evasive answers we've grown accustom to receiving inside the white house. they don't have the courage to see that on camera or hear it on the radio or an audio fashion anymore, they just want to cover that up. i think that's what we saw today. at the same time we should point out, sean spicer,in' though this wouldn't on camera today is

liming the number of questions being asked. for example, today, item not making this up, a russian reporter asked a question at the press briefing today of sean spicer but he would not call on cnn, yours truly sitting in the press briefing room. that to me is staggering. i talked to a friend of mine last week, you'll recognize that name, who said during the obama administration he could only remember one time when the press secretary under barack obama would not call on fox news, it's because he left the briefing early. this is routinely happening on cnn and it's the ongoing press briefings that we have inside the white house here. shutting off the camera and audio is part of the deal these days. >> this is america jim. i'm going to bring the panel in, in a second here. jim, he's why it's outrageous in

one sense, can you imagine if the obama administration had not done this and other administration's previously people would be calling for the president's head. it did you know matter at cnn, if it happened to any other news organization it would be outrageous they're not calling. if it happened to fox news, abc, nbc, or the "new york times" or whatever. here's the thing, i don't think this white house understands that sean spicer woks for the american people he doesn't work for the president, we pay his salary. part of his job description is to give press bereavings, if it's not going to do that, is he going to give some of the money he's making off the back of the american people? >> i couldn't agree more don. i think what this is going to boil down to, this is something news organizations are going to be reluctant to do, we're going to have to consider banning together and say we're not going to cover your gaggle. we're not going to cover your

briefing if you're going to have this press briefing going on in the briefing room without video or audio. that is too strange and bizarre and out of the tradition of covering the white house and we're just not going to do it. the question becomes, and herein lies the rug, do these news organizations ban together and do this, i'm not saying they won't but it's a difficult thing to pull us all together. >> pen and paper maybe they're going to hand out stone tablets and a big rock, it's just absolutely ridiculous. jim you can stand by and liu us or join the panel but it's up to you. thank you sir i appreciate it. bringing in the panel now, political annist abbey philip and political an know tart ryan. there's no other way to put this ryan, it's ab sired. >> it is. it's not to be a mouthpiece for

the president or work to cut off access to the warehouse, he's to be a bridge between the press and the president serving both the president and the public and the president. he's sort of dual hatted is the way it's thought of. and we have not seen that from day one from this press secretary or from the whole communication's operation at the white house. they see themselves as simply a vessel to get out a message of the day. and frankly when they are answering questions they're not doing so in a very forthcoming or truthful manner which has been a problem for this white house much more than any previous white house in the modern era. this is absurd. >> do they know? do you get the sense that you are communicating with the president or is it a stone wall tactic? does the president believe in climate change or global warming, well aisle get it answer. >> obviously sean spicer doesn't

have a good relationship with donald trump. he didn't have a relationship where he with walk in, ask him a question and relay it to the question. he seems like someone who lives in fear of losing his spot because trump creates an environment whether everyone's nervous about whether they're going to be fired at any given time. >> why would you want to work for someone like that? why? >> if your a communicating's person in d.c. in republican politics the pen call is to be the press secretary, sean spicer is like the dog that caught the car. >> can you imagine. and this is what happened. marc i want to read you something. this is from maggy habermann. trump is now trapped in a wide guilded cage of his own making, discrete to defend himself and told he can't because he has gotten himself into a legally dicey situation. is this why they're not having press briefings?

what do you think of this? >> yeah no doubt. donald trump could be looking out his window and watching jim acost is that basically just tear him apart on his front lawn. the fact someday we're going to see donald trump come storming out that door and try to ring jim acosta's neck. >> get off my lawn right. >> yeah i'm keeping your baseball kid. >> no i'm taking your microphone and cameras what he would say. >> i'd agree with jim and ryan but i'm more sympathetic to those who have to carry the message to the reporter on behalf of president trump. i don't think anybody in that white house has a good relationship with president trump other than his daughter and seasonal. i don't think that president trump turns to them and say, listen i need you to go out and say this and this is the truth. i don't think that happens. we saw that occur just in the last 24 to 36 hours when jay

suck low one out, his personal attorney and try to clean up something donald trump did and it couldn't do so. i really do think -- >> i like that. not clean up bl. >> it is what it is. i hope my kids are not watching because it's not proper english. i do think people are put in positions of white house and perhaps can't get out. if they feel like they do get out perhaps that's beginning to create more chaos and what have you so. i think it's a it shall situation. >> mark, they are adults and they chose to get themselves in to this situation. abbey the white house isn't answering question, neither is the president. here's a photo on with the president with the president of panama. watch this. >> mr. president are you under investigation by the special counsel? mr. president are you under investigation by the special

counsel. >> so abbey you're in the press room too. do you get the sense everything will just be left to twitter or the president's person attorneys to spin? >> i think it's by necessity that that's where they are. the fact that it's being left to twitter is definitely not anybody's plan, that is the president really acting on reflux here. he is doing what his gut tells him to do, wen he's angry he tweets and no one can tell him otherwise. at the white house at this point his aids have gotten to the point where they realize they can't tell him to stop doing that now. he gets very defensive and upset when they tell him to stop tweeting. so they stopped bothering to try. that's where we are today with the only source of information about where his minds is coming from him directly. that's kind of interesting, because at least we know how he feels and what he thinks is going on. as far as his lawyers are concerned, his lawyers are not

actually answering substantive questions in a way that's enlightening either. i think one of reasons that marc kasowitz has been the person pointed toto answer russian inquiry questions because he's not around every day, he's not in the briefing room. reports can't walk into his office and ask him things. it makes it harder for reporters to get answers from this white house and president's aids about what's going on. one quick note about sean spicer, this idea that the white house is pulling back from the press briefing is coming from the president himself. he believes the bereave rgs not useful and advancing his message -- >> it has nothing to do with him. that's the american people. >> that's how he feels about it. >> here's what i would ask if that is true what you're saying, if you're a trump support and the president is saying this, do you want a president who is unchallenged, who only delivers

a message he wants? that is not the american way. presidents, anyone who's in authority should be challenged and held to account by the american people, the people who put them in office and that's what the media does whether he likes it or not. it's not about the president, it's about the people who actually pay the president's salary. >> right. the challenge here is that the seize mentality is not just trump it extend to all of his supporters too. his supporter believes that the press has become a media by which the media perse kuts the president -- >> then tell the truth at the podium it won't become a dog and peony show. tell the truth, get better people to represent you, channel you and people who aren't afraid to tell you the truth, who'll stand up and say look, this is the truth. stop tweeting so people can stop

defending you. >> this is also happening at a time when trump himself has retreated from the media. he's not doing as many press coverages or press availabilities. he's very rarely taking questions recently. he has -- as we shared with maggy's tweet, he's in this bunker mentality. >> you know how much gulf the obama administration got wen he didn't hold press briefings for a while? can you imagine if the obama administration had done this? i'm just saying. >> absolutely. trump tweeted the other day that the media wants him to get rid of twitter and we're trying to get him to stop using social media. that is not the case at all -- >> what did le walk about -- no i'm seriously. the one way we have access to trump these days is through twitter. his lawyers and white house aids want him to stop tweeting. >> hold your thoughts. we're going to talk about this and that expensive congressional race down in georgia.

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we're going to talk about the sixth congressional district down in georgia but let's get back. mark any final words on the press briefings? >> no, i think the bottom line we're all in agreement the fact that you're the president, congressman or aid that works in

the administration or capitol hill you work for american people, there's no question about that. he works for the american people whether he needs the salary owner we're still paying it. it still comes out of our tax dollars. as an american citizen i think we'd all want the president and his aids to have press briefings, this is america. >> i would say one thing though, the buck stops here. as much as we have anger directed at those who work for him and oftentimes it's legitimate, the limine line is it's the president's fault. everything as abbey said is being directed by him. >> abbey, let's talk about the georgia six congressional school district district. the most expensive house rate ever. things are getting ugly. john ossoff versus karen handel.

what do you think will happen when the polling open in the morning? >> it's a special election, it's an offyear, the chances we'll be looking at razor thin margins giving what the polls look like are pretty darn high. what i think has been surprising and fascinating about this election is in the last 48 to 72 hours, a degree to which outside groups have been pouring money in with ads. >> it's -- >> yeah it's been very interesting how these ads have took a turn to the left. some innuendo about the attack on republican congressman last week suggesting that john ossoff is sort of in line with the man who -- someway he's responsible for that. >> let's play and we'll talk about it.

here's one of the ads. >> left his endorsing and applauding shooting republicans, when will it stop, it won't the john ossoff wins on tuesday. >> that's one of them. what do you think of that? >> i think it's really remarkable. given the fact that karen handel the democratic in that case came out and condemned that ad. kind of tells you there's no gray area in terms of how appropriate people think that is. it shows you to stakes are so high there are outside groups who are willing to put it all on the line in order to sway a few voters in a really tight race of republicans absolutely need -- >> that ad is disgusting. >> it's one of the worst ads i've seen in politics, reminds me of an ad in georgia that tied an ad tobin had enthat shocked a

lot of people. >> how much do you think it will have an impact? >> you know i don't know. this is like this nerdy john ossoff -- and to tie him to political violence, it's disgusting, but, you know what these kind of negative ads like that, they use them for a reason because often they work. >> politics is a dirty business. there's also this radio ad that put out by a pro trump group, use the former president's barack obama's voice out of president. listen to this. >> police brutality rampid when the so-called committee come around election time we don't line up -- sell our souls for a christmas turkey. let's not sell out for another christmas turkey. >> obama says this is a fraudulent use of his voice.

what the ad doesn't say that the audio is actually president obama reading a passage from his book, dreams of my father, and he's quoting someone else. >> he's playing a character. >> what the health hell is happening here? mark? >> we shouldn't be surprised any of this happening, politics is dirty it's now becoming pronounced. if you were to go back and look at history and dirty play in politics it was done at a different level. we're seeing it exposed in kind of being thrown out there. oftentimes these ads that we're seeing like that television ad and radio ad there's not a lot of money behind them. it might run a couple times and there are people who they not ever see these ads except for us -- >> but the people who hear it though ryan -- >> no doubt.

>> this is the tech age, people are supposed to be informed. >> what mark is saying, with a little bit of money you can blow something up because of social media and the way the saturation couldn't of these thing. >> i've got to run. thank you mark ryan and abbey. president trump speaking out on the death of otto warmbier the college student who sent 17 months in prison in north korea and just released last week. >> otto warmbier has just passed away. he spent a year and a half in north korea, a lot of bad things happened but at least we got him home to be with his parents, where they were so happy to see him, even though he was in very tough condition but he just passed away a little while ago. it's a brutal regime, and we'll be able to handle it. >> the 22-year-old college

student east alleged crime, stealing a political poster. he tear flu begged for forgiveness but spent 15 months of hard labor. doctors say he suffered brain damage while in custody. senator john mccain issued this statement quote, let us state the fact plainly, otto warmbier, an american citizen was murdered by the kim jong-un regime. we'll be right back.

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a source is telling cnn the west wing staff has tried to convince president trump to stop tweeting about the russia investigation, good luck. you'll see how well that's going right. here discussing it political commentator charles, and steven moore, a senior economic adviser to the trump campaign. good luck good evening to both of you gentlemen. charles you have a piece out in

the "new york times" inentitled trump is girding for a fight. the russian investigation is in its early stages but trump isn't waiting for it to clear him. he's taking an aggressive approach that may do him harm than good. what do you think the president's doing what you write? >> i think it's part of who he is. this is how he has operated in new york city forever. he's a very that tee just person. he has been party of usa today to 3500 lawsuits, he understands that the legal system can bend under the weight of a lot of pressure and money so he constantly fights these cases. it's successful for him. >> he says he's only loss -- since you brought it up. usa says he's been involved in over 3500 matters and lost 38.

so fighting his worked in the past -- >> exactly. part of the frustration for him is that this is a big league. it doesn't work when you're fighting about a zoning rule or a tenant who won't move. he literally has as much money as he wants. the special counsel can hire as many lawyers as he'd like, whatever lawyers he likes, the courts on that level are not necessarily kind of worried about -- >> understand. my point is and i think you agree, he can't wait people out with money. they run out of money and you have billions. >> what you see is must be acting out of loss of control. >> do you think it's zraking comments he's making on this investigation that it's taking away from his agenda? >> well, i sure am concerned the whole runner investigation and the comey testimony and so on

has put the republican economic agenda on hold. i think that's problematic and herring the stock market. i've talked to ceos done and ambassadors who say we're getting nervous whether the republicans are going to do the things they said they're going to do. the last four to six weeks it's been a total distraction from trump's economic agenda. he got elected because he said he's going to tree jobs and grow economy. >> do you think he bears any responsibility for it? because most of it was his own creation? >> sure. i think there's no question. trump made some bad unforeseeabler reports. i think they're still going to get the healthcare bill done and the tax reform bill will get done this year. about four or five weeks ago he introduced his tax plan with the treasure of secretary and the head of economic counsel and its laid there. there is a lot of concern right

now. i think by the way, don that's the reason you're seeing a stock market that's jittery right now, the confidence levels that we saw at the start of the trump presidency has wained a bit. that's why i say get going guys -- >> and steven i speak to trump supporters as well, and they say wen is it beginning to happen, especially small business owners. none of that is happening. since you brought it up let's talk about healthcare. i think cory bookers speaking tonight, specifically this is about healthcare. democrats are trying to bring the senate to a halt with a night full of speeches. they're protoprotesting the way the republicans are keeping many members in the dark with this healthcare bill and it can come to the floor as early as next week. what are republicans, steven, gaining from keeping this so

secretive, why not debate this in the open for everyone to hear? >> i'm all for transparency and openness and i think republicans db look they can do their behind-the-door deliberations but when this comes out they better give the american people and members of coming to go through whatever they come up with. >> if they don't do this what do you think will happen? you say they better or what? >> i think they'll look hypocritical. republicans made fun of nancy pelosi when she read the bill after it happened. there's kind of a mood around republicans, let's get this don as quickly as possible so people can't see the bill. >> we have a digital time minnesota to let's take you back to 2009 and 2010 and this is what republicans said when democrats were trying to push through healthcare. >> democrats on capitol hill are

working behind the scenes on a plan aimed at jamming this healthcare bill through congress against the clear wishes of an unsuspecting public. >> look at how this bill was written, can you say it was done openly with transparency and accountability, without back room deals struck behind closed doors, hidden from the people? hell no you can't. >> we want to see healthcare reform done but we want to do it right. if you rush this through before anyone knows what it is that is not good democracy. >> charles, i'm not saying, i'm just saying. >> i mean, what i do you even say that. >> that's what i said i'm not saying but i'm just saying. >> it's actually kind of sad and pathetic right. on one level it is about washington and just the hypocrisy of washington and politics. but on the other hand it's

specific to these politicians and the principles they stood for, you know, including whether or not this is even democratic. and they're doing the exact same thing. if you follow their kind of thinking, they want to pass it by july 4th there's no way -- >> it took a while. they did pass it sort of under the cover of darkness but it took them a while to get to that point. >> absolutely. that ought to push it out even kind of faster because it's a smaller bill. >> yeah, you mean to the public so the public can have say on it? >> yeah. >> thank you gentlemen i appreciate it. coming back why the president's lawyer insist he's not under investigation despite the president tweeting that he is under investigation. it's not just a car, it's your daily retreat.

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deal. john beard is here who's the social counsel for the iran organization. matthew and john dean. always love having all of you on together or individually. john beard i'm going to standard with you. your reaction to this, flynn may have misled officials on this security clearance form about two middle east trips during the campaign, one that involved russia and that $100 billion nuclear deal i just mentioned. what do you think? >> well, forms are hard to fill out, it's laborious but there are very high stakes and they're very important. and security clearance personnel position clearance form is something that someone like general flynn knows to take

seriously. it's a problem. >> okay, so here's the thing. everyone -- and listen i don't know -- but i have a bunch of friends in the military and they say -- john and matthew, and john dean, they say that it take the s f-86 very seriously as members of the military because they can be prosecuted if they get it wrong. so as a general, someone who's a general in the armed services, would general flynn not take it as seriously as the ranking file members who come in? >> i think he'd take it more seriously and it's something he clearly had experience with. this is something that you don't want to read into his motivates, but if he doesn't disclose thing you wonder if maybe he didn't want people to know about it. that -- as a former prosecutor you not always looking for what the evidence shows but what didn't they do that they should have done -- >> okay so one here or there.

you can't say that was complete oversight on my part i shouldn't have -- but not when it starts to be a pattern. congressional say they have no record of flynn reporting a single meeting he had with a russian foreigner when he submitted his feliapplication. john dean, that's a problem. >> it is a problem. under 18 usc 10001 which is a tough statute which prosecutors know a lot about. >> do you think he is cooperating, some have said they believe he's cooperating with the fbi with the investigation, do you believe that? >> i don't yet. i think we'd have more evidence of it, but if anybody has got good reason to help out and

become a witness rather than a defendant and get a good plea it will be him because the offenses are certainly stacking up. this latest is so cub stitchuous that one wonders what he had in his mine when he was feeling the forms out. ju . >> john beard also cnn's learning tonight that they're going to look into -- >> the water gate president, john dean forgive me, is a special prosecutor and senate committee investigation proceeding on parallel tracks. there's serious evidence that indicates possible obstruction, it's i think obvious that mueller's investigating it for law enforcement purposes and it makes sense that the senate indeed the house should dig into it for congressional purposes. >> is that the right move you believe matthew in. >> this is where i'm going to have the disagree with the

professor. as i've said this other night the only difference between this and the current investigation and water gate is, water gate had evidence of real crimes being committed. we have two acts of a president that seems to be constructional lawful. i don't see as we sit here today any evidence of crimes being committed. >> yeah. so the president says he's under investigation but his lawyer says he's not under investigation, but the president insists he's under investigation, but his lawyer says he's not under investigation. i'm not making this up. after the break. [vo] what made secretariat the greatest racehorse who ever lived? of course he was strong... ...intelligent. ...explosive. but the true secret to his perfection... was a heart, twice the size of an average horse.

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all right. we're back now with my panel. so let's talk about the president, his lawyer says he's not under -- first, the president tweeted that he was under investigation. and then his lawyer went on television yesterday and today and said a whole bunch of stuff that contradicted the president and himself, the lawyer himself. take a look. >> so the president said, i am under investigation even though he isn't under investigation? >> that response on social media was in response to "the

washington post" piece. it's that simple. the president is not under investigation. >> first of all, you've now said that he is being investigated after saying that -- >> no, he's not being investigated. >> you just said that he's being investigated. >> no, chris, i said -- let me be crystal clear. so you completely understand. we have not received nor are we aware of any investigation of the president of the united states. >> sir, you just said two times that he's being investigated. >> no. the context of the tweet, i just gave you the legal theory, chris. >> why don't you pick up the phone and get the answer and then you could actually say no, i asked mueller and we're not. why don't you pick up the phone? >> look, you're asking me to pick up a phone on an investigation we don't know exists. >> there's not an investigation. >> you don't know whether there's -- oh, boy, this is weird.

>> it says right here on this dossier the president, anytime you say let me be crystal clear. what does that mean? >> let me be crystal clear because i think what jay -- i'm going to do some interpretation of what jay is saying. i think what he's saying is that the president was responding only to the "washington post" article, right? and three months ago, jim comey said that the president was not under investigation. >> three months ago. >> whenever the last time that jim comey and the president spoke about it. and he said that he wasn't under investigation. that's the last time they've heard anything from the fbi. they're assuming they're not under investigation. that's the interpretation. >> do you believe that? as a former u.s. -- does someone have to notify you? that's what chris cuomo was trying to get at. no one has to notify you you're under investigation. i think it's obvious that he is -- doesn't mean he's guilty. >> right. >> isn't it obvious. >> he is under investigation. lots of people are under investigation. we each might be under investigation. most subjects don't know that. you're not entitled to an answer till the government wants to

reach out and tell you your status as part of negotiating with you or calling you to a grand jury or interviewing you. >> before i get to john dean, quickly, when actors say what's my motivation, why? >> i've been thinking why jay sec cue lo would go on the circuit and say this is the message that i'm trying to drive. and i think really what they're trying to do is frying to say that the president isn't under investigation as far as they know. that's what they're trying to say. >> don't they drive home the message that the president is under investigation just by the -- >> it's called hanging a lantern on it. >> exactly. john dean, you've been in the white house before. you've been around. when you don't want something to be out there in the ethos, you don't give it oxygen. you shut up about it, don't respond to it. >> that's the general rule. we've got a situation here, don, where the justice department really doesn't have the power to indict a sitting president. so they might be driving the point home right now and

starting to lay the base for it that they don't think the special counsel should be even snooping around these areas if they are beginning to target a president. because they don't have that authority. that's been the ruling since the '70s and now it was renewed in the towels and it's been the existing policy of the justice department. so that might be what the counsel is doing here. >> but even if that is so, which it is as you say they don't have the power to do it, does that mean people still shouldn't get to the investigative agencies, shouldn't get to the truth here? >> no, what will happen is, you know, a president can be a collateral subject of the investigation. he certainly is not free-throw from investigation from his days as a candidate. and that's one of the issues that's being looked at. was there collusion? we're focusing a lot on obstruction and not on the underlying problem that started all this is whether or not the trump campaign colluded with russians in the hacking. > i've got to go.

remember richard nixon was an unindicted co-conspirator. >> he was. and they did that largely for reasons because they wanted to get his tapes into the trial, the cover-up trial which is a conspiracy case. >> thank you, gentlemen. i appreciate it. when we come back, democrats say michael flynn misled officials about yet another foreign trip. and guess what, it could link him to russia. plus, we're just hours away from the polls opening in georgia's special congressional election a lot of people say is a referendum on president trump. we, the device loving people want more than just unlimited data. we want unlimited entertainment. so we can stream unlimited action. watch unlimited robots. watch unlimited romance. if you are into that. but we also want more like... unlimited hbo. can i stop dying now mark? no can't do mi amigo. it's unlimited. besides you are really good at it james. don't settle for any unlimited data plan. only the at&t unlimited plus plan comes with hbo included at no extra charge.

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