Is The Special Counsel Vulnerable To Donald Trump? | Rachel Maddow

. >>> FORMER ACTING SOLICITOR
GENERAL OF THE UNITED STATES NEIL CATTIAL CONVENED A WORKING
GROUP THAT WROTE THE REGULATIONS FOR THE SPECIAL COUNSEL.
SPECIAL COUNSEL REGULATIONS ARE THE RULES THAT GOVERN THE
PROCESS, THE OVERSIGHT AND ULTIMATELY THE PROSPECTS FOR
WHAT IS NOW ROBERT MULLER'S SPECIAL COUNSEL INVESTIGATION
INTO THE TRUMP RUSSIA AFFAIR. WHEN THEY WAS APPOINTED SPECIAL
COUNSEL TO LEAD THE INVESTIGATION, NEIL CATTIAL
PRAISED THE PICK OF ROBERT MULLER FOR THAT JOB.
HE ALSO SOUNDED A LITTLE BIT OF AN ALARM AS GUY WHO WROTE THE
REGULATIONS, THAT HE KNOWS THERE ARE WAYS FOR A PRESIDENT TO
INTERFERE WITH THE SPECIAL COUNSEL INVESTIGATION, EVEN FOR
A PRESIDENT TO TRY TO SHUT IT DOWN.
I WOULD LIKE TO HEAR MORE ABOUT THAT.
NEIL KATIA, FORMER ACT SOLICITOR GENERAL OF THE UNITED STATES.
THANK YOU FOR COMING BACK TO TALK WITH US.
>> THANK YOU. >> WE NOW HAVE THIS NEW ROUND OF
REPORTING ABOUT THE SERIOUSNESS OF THE FBI INVESTIGATION, THE
CLOSENESS TO THE PRESIDENT IN TERMS OF THISPERSON OF INTEREST.
IF THE PRESIDENT IS FREAKED OUT BY THIS NEW REPORTING, IF HE WAS
REVIEWING HIS OPTIONS TO KIBOSH OR SCREW UP THIS INVESTIGATION,
WHAT WOULD BE HIS BEST BET? >> JUST FOLLOWING YOUR FIRST
G.E. GUEST, WE THINK OF CHECKS AND BALANCES AS BEING COURTS,
BUT THE REAL STORY THIS WEEK IS THE PRESS AND PEOPLE LIKE DID HE
HAVE LYNN AND THE "NEW YORK TIMES" DOING THAT KIND
OF REPORTING WHICH IS WHAT OUR FOUNDERS ENVISIONED IN THE FIRST
AMENDMENT. THAT'S ACTUALLY THE ANSWER TO
THIS QUESTION WHICH IS SURE, THERE ARE ALL SORTS OF WAYS A
PRESIDENT CAN STYMIE A SPECIAL COUNSEL BUT THE REGULATIONS WERE
DRAFTED WITH A LOT OF INPUT FROM ERICA HOLDER, JANET RENO, TO TRY
AND SAY SUNLIGHT IS THEWAY BEST WAY TO AVOID A PRESIDENT WHO'S
GOING TO TRY TO ENDEAR. ALL THOSE OPTIONS YOU MENTIONED
LIKE FIRING MULLER OR ORDERING THE DEPUTY ATTORNEY GENERAL TO
FIRE MULLER, ALL THOSE THOSE ARE THINGS THIS WOULD HAVE TO BE
FORCED INTO THE SUNLIGHT AND THE PRESIDENT WOULD HAVE TO JUSTIFY
WHAT HE'S DOING. THAT'S THE IDEA BEHIND THE
SPECIAL COUNSEL REGULATIONS. >> JUST TRYING TO BE ABLE TO TO
IMAGINE THINGS BEFORE THEY HAPPEN BUT I'VE FAILED AT ALL
YEARLONG. IF THE PRESIDENT DIRECTED THE
DEPUTY ATTORNEY GENERAL TO DO SOMETHING RELATED TO THIS
INVESTIGATION AND HE SAID NO, THE PRESIDENT RESPONDED BY
FIRING HIM, WOULD THOSE RESPONSIBILITIES OF THE DEPUTY
ATTORNEY GENERAL FALL TO SOMEBODY ELSE BELOW HIM IN THE
HIERARCHY OR WOULD THE SENATE NEED TO CONFIRM A NEW DEPUTY
ATTORNEY GENERAL FOR ROBERT MULLER TO REPORT TO ESSENTIALLY
AS SPECIAL COUNSEL? >> THEY WOULDN'T NEED TO
CONFIRM. IT WOULD GO TO THE ASSOCIATE
ATTORNEY GENERAL AND THEN TO THE SOLICITOR GENERAL.
THERE'S RULES FOR SPECIAL COUNSELS AND THE FIRST PARAGRAPH
BUYS INTO THAT RULE OF SUCCESSION.
PRESIDENT COULD BE DOING THINGS LIKE USING THE ETHICS RULES THAT
ARE BEING REPORTED ON THIS WEEK AND THE WHITE HOUSE IS LOOKING
AT THE ETHICS RULES TO SAY YOU CAME FROM THE SAME LAW FIRM AS
JARED KUSHNER AS A CLIENT AND OTHER PEOPLE IN THE
INVESTIGATION, AND SO YOU'RE GOING TO BE BARRED FROM IT.
APART FROM THE IRONY OF THIS WHITE HOUSE SUDDENLILY
DISCOVERING THE ETHICS CODE AND FOLLOWING THE NICETIES OF LAW
FOR THE FIRST TIME, BE CAREFUL WHAT YOU WISH FOR.
IF THAT DOES HAPPEN AND THEY EVOKE THAT ETHICS RULE INSTEAD
OF SEEKING WAIVER I THINK THE RESULT WOULD BE TWO SPECIAL
COUNSELS, NOT ONE. I CAN'T IMAGINE THAT'S A GOOD
THING FOR THE WHITE HOUSE. >> BOTH OF THEM IN POWER TO
INVESTIGATE AS THEY SAW FIT. ONE OTHER ISSUE YOU RAISED TODAY
IN "THE WASHINGTON POST." YOU SUGGESTED THAT ONE WAY THE
INVESTIGATION COULD BE IMPEDED IS IF CONGRESS SCREWED IT UP ON
PURPOSE, IF A COMMITTEE DECIDED TO START GRANTING IMMUNITY TO
WITNESSES, TELLING WITNESSES YOU'LL BE IMMUNE FROM
PROSECUTION COME TELL US WHAT YOU KNOW, THUS INTERFERING WITH
THE ABILITY TO PROSECUTE THAT WITNESS OR MAKE USE OF THEM FOR
THE INQUIRY MULLER WOULD BE LEADING WITH THE FBI.
FIRST OF ALL, DID I GET THAT RIGHT?
IT WOULD TAKE A 2/3 VOTE OF ANY COMMITTEE TO GRANT THAT
IMMUNITY. IT WOULD HAVE TO BE A PRETTY BIG
EFFORT. >> YOU COULD HAVE A CONGRESS
THAT'S TRYING TO SEARCH FOR TRUTH AND SAY WE HAVE TO GIVE
IMMUNITY TO THEM BECAUSE THEY'RE TAKING THE FIFTH.
WE HAVE.FOR THIS. THIS HAPPENED WITH OLIVER NORTH
WHEN HE GAVE HIS TESTIMONY. THE INDEPENDENT COUNSEL LATER
PROSECUTED HIM AND HIS CONVICTIONS WERE THROWN OUT
BECAUSE THEY FOUND THOSE CONVICTIONS TAINTED BECAUSE HE
TESTIFIED, GAVE EVIDENCE BEFORE THE COMMITTEE AND MAYBE THE
PROSECUTORS USED IT, MAYBE THEY DIDN'T.
WHAT THIS UNDERSCORES, IF I'M THE PRESIDENT RIGHT NOW, 23I6RG
THE FIRST THING I'M DOING IS
LAWYERING UP. HE'S GOT TO GET HIS OWN SET OF
LAWYERS AND I SUSPECT THAT'S MORE TRUE OF THE PRESIDENT AND
THE WHITE HOUSE STAFFMENT WE'RE GOING TO BE SEEING ALL SORTS OF
COMPLICATED MOVES BETWEEN THE WHITE HOUSE AND PRIVATE LAWYERS.
>> FORMER ACT SOLICITOR GENERAL NOW PROFESSOR OF

Is The Special Counsel Vulnerable To Donald Trump? | Rachel Maddow | MSNBC

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