. for today my thanks harry, e lirharr harry. mtp daily starts right now. a series doesn't begin until the road team wins. s >> you know what side i'm on. if it's tuesday, there's an apb out for the gop. tonight the once and future pardon. why the republican party mostly silent on the president's power play. >> that's absurd. can't pardon yourself. plus grounding the eagles. what's the real motivation behind the president's cancellation of a white house tradition. >> if this wasn't a political stunt, the eagles franchise then they wouldn't have planned to

attend the vent aevent and back athe last minute. could democratic enthusiasm leave the party feeling blue when the results roll in tonight. i'm chuck todd here in washington. we begin with the imperial presidency. the president is a but arguing that the president is above the law. the republican reaction. here is the top gop senator. >> we're witnessing a constitutional crisis. it's incumbent on republicans in congress to use every single constitutional tool we have to defend the rule of law. to rein in a president so the president doesn't become an unaccountable monarch.

>> i'm guessing the meghan kelly aspect of that clip that was senator cruz standing up for under the rule of law under president. at the time he have talking about the daca decision. this is cruz standing up under the rule of trump. >> would you agree that the president can pardon himself? >> would you agree with that? >> that is not a constitutional issue i've studied. i will withhold judgment at this point. >> i do know we did a tweet storm later and we'll talk about that in a minute. here is another reaction to the president's argument he's basically above the law. >> we've seen repeated

differences. it's a consistent and worrisome pattern. >> it was senator mcconll on the senate floor but wrong president. that was mitch mcconnell under president obama. specifically talking about an appointment involving the national labor relations board. this is senator mcconnell standing up for the issue of the rule of law under president trump. >> does the president have the power to pardon himself in. >> i don't have any comment on that issue. >> he went onto suggest that the president was merely -- has merely sparked an academic discussion and won't really pardon himself. it's still quite the difference between mcconnell then versus now. let's try this one more time. here is a top republican reacting to trump's sweeping sertions of executive power. >> i'll make you this promise. there will come a day where you will cry out for the enforcement of the law. there will come a day where you long for the law to be the

foundation of this republic. you be careful what you do with the law today because if you weaken it today, you weaken it forever. >> well, obviously that was not today. that was in 2015. that was republicacongressma tr trey gowdy under president obama. he has knocked down several white house conspiracy theories. his kriticriticisms are small potatoes compared to what you just heard. that's the point. republican leaders have prided themselves in congress that have been the u upholders of the rule of law. they have denounced everything they saw as a power grab under the last administration. the reaction to the president's imperial claims of executive power have been muted, to say the least. i'm joined now in b our panel.

welcome all. let me make my point more here. here is some more republicans slamming the president's, what they believe president obama's use of executive power. here it is. >> this is not a question of whether or not we're for or against any certain policy. this comes down to a much more fundamental question. it's about the integrity of our constitution. our constitution is being systematically violated and ignored. treated as an out dated document by this president. >> the president said before he's not king and he's not an emperor. he's sure acting like one. >> we're shocked that partisanship is happening in washington, d.c. i'm not going to sit there and be shocked about that. republicans are hesitant to

really say much about what this president has been talking about when it comes to rule of law. >> remember in the last year and a half we said they reached the breaking point how muany times. t it's never the breaking point. there's no reason for this to be because it probably won't get to a point where they need to do anything anything. he's not going to be charged, they pretty much said. why break with the president on this. why push back on him about this. they don't wanacwrat the voters. >> what about the consistency i si? are they shthrowing it away. >> they were krcriticizing the actual thing. daca said 22 time, he lacked the authority to do. in this case you hava gue

assertion over twitter. >> not over twitter. there's a 20 page memo sitting t there. there's a20-page memo sitting out there. >> the pardon myself thing, i'm not assures -- >> it's in there. >> in any case it's an assertion that hasn't been litigated yet. i do think that if the president were in a position where he did ke that action republican opinion would not be as as it is today. people are very practiced at ignoring assertions by the president over twitter and distinguishing. >> when do y worry it become a permission slip? he takes it as a they're not going to say anything about that. okay. >> right. >> have to be charged with a crime to contemplate pardoning himself. even if he were charged with crime, that would spark a huge debate in washington among

republicans. >> i would assume. it's his faulthat we're having this sdudiscussion. >> i agree. i have bottomless disappointments for republicans how they handled this president. i believe dra and republicans get into politics because they think they can do good and uphold the constitution and they request protect this republic. i believe that of both parties. with republicans i don't understand -- i do not get it. i don't understand what is in their head. i understand short term political game but this guy is undermining core tenents of what's in the constitution as well as throwing things about pardoning himself on twitter. they just accept it. do they not see the roegs of this happe over the long

term. they throw him a little gimme like i won't do it to make it slightly more comfortable so they can get deeper and deeper into defending this president who doesn't bel - doesn't uphold the constitution. >> do you understand why they're not doing it? >> no, i don't. >> they think i can't afford to -- i don't approve of this and if it gets worse, i will say something but for now it's an election year. >> democrats are not great at towing the line. you would hear about it and i don't think democrats woultd be

behey this way. when they talked about -- >> they did behave this way 20 years ago. >> when republicans were talking about daca. president obama acted on daca after the failure of congress to act. this was because congress was not working. it was not doing its job. it was not acting on problem that said many times before that it would. then president obama acted. what's happening now is the are sacrificing themselves and really important concepts in our democracy in order to prop up this president that they know and they will all say privately is doing the country harm. >> the one critic joe leiberman ended up as the vice president

pick in 2000 because he distinguished himself. on obama, just to be clear, just because president obama did something after congress didn't act doesn't make it constitutional. that's what we're arguing about. >> the courts have weirdly held it up. you talk to some republicans and they are nervous but are afraid of sounding the alarm. is it fear or we're not there? >> get out of washington and you talk to all these people. i've been talking to a lot of trump supporters and they hear them. >> i'm talking about the lawmakers. >> they hear from the republicans. they like what president trump is doing. they don't like the twitter. they like the tax bill.

they like the judges. the policy issues. why are they going to go against that? >> they know better. >> do you have any fear that there is no more wng partisanship.f >> i think we have reached a point now where in many cases politics has become so tribal on both sides that you begin rallying behind which side feels the most aggrieved. >> i talked to some trump supporters say it's great that you are upset that he's missing around with the rule of law. why are you cheering this? >> i think what they like about how the press handles trump is they feel connected to him. it's like this politics of grievance and they feel that people sitting around this tle

are judging them. they think we don't respect them. when president trump violates the rule of law or violates conventional political wisdom that is something they take value from. i emocra discount how important that is to people. >> the republicans really think it's going to get to that point. let's take tariffs. i know it's a completely different issue. they push back on him. they hate the trade. >> how did they push back? >> it didn't go anywhere. >> they haven't pushed back. what have they done? >> they haven't talked to him about this. >> okay. zte. there was noise and he just cut the deal. i hear you. people say the republicans push back. where's the evidence? >> other than rhetorical. >> it has signs the president great power and is very vague about the powers that doesn't assign the president. >> that is true. >> when you have a president here who is willing to take the

maximum position, it does set us up for scenarios where i don't think maeo w to partipate in for me, it's one thing when there's a tweet or if there's a memo but reallyhe rbets the road when decisive actions start beingtaken. >> they make it comfortable. it's like how the russians operate. they never want you to feel uncomfortab coore.i capardon myself and i w do it. >> i have a theory as to why they are doing this. they are trying to scare mueller from a constitutional crisis. meaning they are trying to say whatever you do, we' going to fight it maximum and go all the way to supremecourt. i think they are playing to his concern that he doesn't want to rattle the country. they are actually trying to get him to not issue a isssubpoena what do you make of that? >> i thidon't know.

>> i think that is what this is about. mueller wants trump to testify. the trump legal team doesn't want him to testify. the issue is is mueller going to isssubpoena trump. yowant mueller to know if he is subpoenaing trump, that will be fght. probably to the supreme court. >> do you think mueller folds on something like that? >> it's so hard. every few weeks we get a glimpse into what he's doing. he's so far removed. >> he's like 100 miles ahead of us. it's hard touess but he seems to be a guy that plays it by the book, which would tell me no. >> i have a feeling, legally it will be good news. supreme court willaveo litigate this. maybe that will be a good thing for the future. stick around. up ahead, pardoning himself may be a political disaster for the president but what are the legal implications? we'll talk to a former harvard

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discover social security alerts. until her laptop crashed this her salon wasmorning.for weeks, having it problems? ask a business advisor how to get on demand tech support for as little as $15 a month. get your coupon for 20% off supplies, technology and furniture at office depot office max. do you think it does come e across as a threat? >> impractical. the president of the united states pardoning himself would just be unthinkable. it wou lead to an immediate impeachment. >> welcome back. on this question of whether the president on the president pardoning himself as you heard rudy giuliani say right there. politically it could be a non-starter. what about legally. that question hasn't been asked before and many legal scholars say we don't know what he that answer would be, so we're going

to continue our constitutional law class right here. joining me is one such legal scholar. he's a professor at harvard law school. professor, if any day we need to make sure to use the professor title, it's on day like this. you wrote that we don't know whether or not the president can pardon himself. in tweet storm last night, senator cruz did cite a 1974 justice department memo that made a finding that said it wasn't t a it wrote in part in this. i'm curious of your take on it. presidential or legislative pardon of the president under the fundamental rule that no one may be a judge in his own case, the president cannot pardon himself. i do note the date, august 5th, 1974, three days before richard nixon would resign the

presidency. what do you make of that finding? a finding is not a supreme court ruling. that i understand. what do you make of that? >> it's a logical argument against self-pardoning. madison made the same point during the constitutional debates. the constitutional text says a president may issue pardons accept in cases of impeachment. that suggests one of two things. either the president can pardon himself or more likely that the framers contemplated a president couldn't be prosecuted. if he couldn't be prosecuted, there would be no need to pardon himself. chard nixon was pardoned when he left office. it would be great law school examine question because no one knows the answer. anybody who tells you definitively that either it can be done or can't be done is pulling your leg. nobody knows the answer to the question. >> you have to have -- we'd have

to have an instance to be tested and i think we're all hoping we don't get to a question like this. >> it won't ever happen. >> do you think it's so unclear that it's something that should be dealt with in the constitution itself. if we believe that's the case, then instead of worrying about a ruling or finding, you pass a constitutional amendment that says the president's pow of pardon are unlimited unless it involves himself. >> i think it would be a big miake. you don't amend the constitution unless there's compelling reasons. i guarantee you no president will pardon himself or herself. there are much easier ways to do it. if, for example, the president feared he would be prosecuted after he left office or even if he was impeached in the verge of being impeached, he could make a deal with his vice president that he would leave and retire earlier like nixon did and have the vice president pardon. i don't think you amend the constitution based on an

unlikely hypothetical. the other point that is very important to make is that we hear the cliche thrown around and weaponized that the president believes he's above the law. i think that's a misunderstanding of what they have been arguing. they are arguing that the law permits the president to be exempt and immunized from certain criminal or civil actions that other people can be subjected to. we know already the cition does that for members of congress. members of congress cannot be prosecuted, questioned or sued for much of what they do on the floor or on the way to the senate. jun judges can't be prosecuted. >> members of the military. >> some of the members of the military. turns out none of them are above the law. they are subject to different rules under the law. i think we should be very careful when we throw around the term above the law rather than within the law. >> let's talk about this idea of what power the president has

inside the executive branch on the justice system. >> that's great question. >> mr. rudy giuliani and i had an interesting back and forth. sunday to me tha before he sat down with an interview, he wants to make rosenstein and mueller produce sort of the evidence that triggered the investigation. i said if you guys have this broadnt oth president's executive authority when it comes to investigations then can't he just order the justice department to produce this information. where are you on this? >> there are two answers. if you look at the constitutional history, jefferson ran the justice department like it was his own little house. he told the prosecutors who to prosecute. he gave immunity to witnesses by giving them pardon ifs they would testify against his arch enemy. lincoln told prosecutors who to prosecute.

constitutionally, the president does have that authority but traditionally we want to see a separation between that one rti and the presidency. the president does have a right to demand loyalty of his cabinet members. the attorney general serves two roles and it's a constitutional flaw. >> i'm glad you used the word flaw. i was about to you if this is a flaw. >> it is. which he demand loyalty from the man who is the attorney general that is who his advisor and legal affairs but not the man director of public prosecution. most western companies divide those rule minister of justice loyal to the prime minister. director of prosecution, no. israel, the same thing. in the united states we ask the attorney general to serve this role. loyal some days of the week. disloyal or not loyal other days of the week. it's an impossible role.

almost every president has tried to appoint loyalists. starting with john kennedy appointing his brother. ronald reagan appointing his own attorney. obama appointing a loyalist. it's the constitution that's wrong for allowing that kind of division to occur. >> i wonder if we should go to the federal reserve model so there's five year terms and diffent parties appoint different people and all sorts of issues there. the president claimed a special counsel isn't constitutional. >> hoe's wrong about that. there's nothing in the constitution that would preclude it. he make answer important point that the special counsel isn't confirm by the senate. the attorney general has the right to appoint special counsel

to make recommendations to the attorney general. in the end the attorney general is responsible for deciding who to prosecute. i think the president is wrong about th. >> the rouge ruled today that president trump can be deposed in a defamation lawsuit brought last year by a former apprentice contestant. she accuses the president of unwanted sexual conduct. the president's lawyers are appealing the deposition. they say this is a critical constitutional issue. can the president -- this involves state courts. doesn't involve federal courts. it's a bit different. what do you think his chances are onappeal? >> i think zero or less. the fact it's a sate court makes it much more difficult for federal court to intervene. it seems the supreme court has ruled you munanimously that a president cannot refuse to sit for a subpoena.

it was led into a perjury trap by hislawyer. i would think this president would figure out some way of not having to testify about his sex life. >> going back to robert mueller. if he subpoenas the and says he wants to question him about his actions before he was president. is there any way the president can that issue knsubpoena. >> he can. then the southern district of new york would issue a issue knee and he could not disregard that as mr. trump. >> all right. you're churning out a lot of books here. now you have a new one coming. see you soon. i he another one right after that. thanks. >> it's primary day in california. voters are voting right now. some voted in the mail. others will drop it off and get

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we're back. voters are voting in eight states including the california. we'll soon find foout if the golden staill truly golden for democrats. they are risking getting shut out of a general election in three republican held districts in southern california that hillary clinton cried in 2016. california's primary rules mean the top two finishers regardless

of party move on to the general. democrats have so many candidates they could split the vote. a republican risks getting out of the gubernatorial race and senate race. the second pot is apparently up for grabs. if a republican doesn't get a spot in top of the ticket, overall, gop turn out could lag making more incup benkucumbents ballot susceptible to a blue wave. >> gre to see u. >> i want to move start top of the ballot on down. how long are we going to be waiting this week the find out for more votes coming in on the

mail in ballots to find out if it's rigosa or jury box cox, the one that appears to have the >> you havright qution there. it will be this week. it's entirely possible we don't know the slot is. polls close at 8:00 p.m. pacific. if we're lucky, we'llave some sense before the clock strikes midnight. it takes time to count votes here. there's a lot of leniency in the way california votes. they will accept ballots most parked today. that will post friday. it appears that republican enthusiasm are wrong. there's more republicans that return early ballot. that suggests to me perhaps cox has consolidated the republican

vote. if there's strong republican turn out, we could know tonight early. >> i've seen track polls that indicate many the last week there's republican consolidation for cox. we'll find out tonit.let's go t situation in these three con ve -- congressional districtsn particular. the democrats decided not to throw a bunch of money to salvage these top two disasters they fell into. this time they spend all sorts of money. do you think they will be able to get two of these districts to come through for them. >> t realit's really hard to pr. i interviewed some in the 48th congressional district.

they were completely representative of the electorate here. in addition to that, there's a nuer of who dropped out of race and their name still appear. we know in california there's low information voters who just pick a name. the fact there's not a prominent woman running among these top candidates, make they pick a woman or some other circumstance pn and is democrats that are runng e nell known. they have little political experience, if at all. they really have these grazss roots campaign. a congressman who has represented the area for several decades. that's going to be a real jump ball. that's the district we're look i ing the closest at. that's another area we may wait several days before we have all the information. >> let me you as the political

editor there at the l.a. times and decide whi races matter an which don't. you watch the rn tonight and we get the final results on these house races, they are interesting little polls. we get the find out these incumbents. that's their number. she's in one of these districts that clinton carried. not quite sure how competitive it's going to be. what are you looking for? is it any incumbent that doesn't 50 thald be onhe radar. is it 45? what's the number for these incumbents that will make the top two, that's not the issue. what's the number that will tell you they're vulnerable, they're not for these iumbents on the ballot? >> that's real great question. i think we'll be doing that as we write our analysis over the next couple of days. if you're satie ing a sitting m congress you will come in first

place. they haven't spent a lot of time campaigning here because they are waiting to see who their forho incumbents that will be an issue . steve knight is the only repuican member of congress left. it's become so democratic over the years. >> speak of turn out, is california reverting to form, usual apathy or do you see a bit of more interest in a primary than usual? >> i would hope so. it's hard in our business when people don't show up. the polling places that we have seen today are empty. there's a lot of people that don't know it's election. >> l.a. being l.a. >> you really are voting for an

entire month. >> you probably just gave some d news to one talk about empty empty l.a. precinct. it's going to be a long week of counting ballots. we may not know the answer until next week. thank you. up ahead, the senate will come to order all summer long. a bachelor. and that's how he intended to keep it. who came with a three foot, two inch bonus. for this new stepdad, it's promising to care for his daughter every way we look out for those we love is an act of mutuality. we can help with the financial ones. learn more or find an advisor at massmutual.com

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welcome back. we already gave you tonight's primary notes but there's something else goingon. mitch mcconnell are trying to keep senate democrats upor re-election off the campaign trail. he announced he is cancelling most of the traditional august recess because he says they have a lot of work to do on spending bills and nation. more time in d.c. means less time on the campaign trail. it's democrats and their incup bents who is have a will the more to lose in they can't campaign. that's mcconnell's po never underestimate the power of jet fumes. he cancelled two weeks after the august recess last year only for the senate tok jus extra week many the the end. do you believe august goes all the way through?

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the suggestion was that i never apologizedor what caused all the trouble for me 20 years. first point is, i did. i meant it then and i meant it now. i apologized to my family, toni and to the american people before a panel of ministers in the white house whichas widely reported. i did that. >> time now for the lid. that was former president bill clinton last night. that was after his, i guess you call it an uncomfortable today

show. president clinton referenced an earlier apology. this was president clinton at the national prayer breakfast if september of '98. take a listen. >> it is important to me that everybody w important to me tha everybody who has been hurt know that the sorrow i feel is genuine. first and most important, my family. also, my friends, my staff, my cabinet. monica lnd her family. and the american people. i have asked all for their forgiveness. >> the panel is back. sort of podcast lastweek, i had said one of e things that's always bothered me, it's always felt like he never apologized to monica. for what it's worth, that is a public apology to her. some people wonder, has he shown

enough remorse for her? he ruined that woman's . r life wl never be the same. she had to live with it in ways he didn't have to live with it. >> yeah, her life was defined by it. >> defined by it, in ways. and i guess the question is, for some people, he can never say enough. >> yeah, i can -- you know, i can't speak for him on thatn that piece. i do -- i was there in i mean, experience here. she was my intern. and i think he felt real remorse across the board in '98. and i think it's part of the reason why he had such a bad reaction -- >> that he was so defensive, you think? >> and i think when people are defensive, it also suggests they still have a lot of unresolved feelings about what they did. but, the one thing that always struck to me, in realtime and now, is he was president of the united states and she was an

intern, right? it's like, an abuse of -- you know. it's like the power dynamic, you know, historic ase o power dynamic. and thene was def by it in a way that his -- y kn, d a very bigprice, but he wasn't defined by it. and in a way, all during impeachment, it felt tome, in realtime and in retrospect, it was all abo men in wer, right? >> mm-hmm. and t woman was just collateral damage. and what's happening now and what i think me too is a lot about is, you know, it was always before sex a politics what does it say about the man? and now it's, what's about the impact of the woman? >> that is what struck me about the "today" show interview, with r. and the former president, anita, was that they didn't understand what the me too movement was all about. like, that seemed to be -- or if ey don't understandit, hay don't -- the president doesn't

see it in his eyes yet. >> well, what struck me was stofsort of the same thing. he was talking about himself. he wasn't talking about monica lewinsky or women, or the other he was talking about how much moy lost from fighting this. even yesterday, when he was going back and trying to fix it, smooth it all out, he said, what did he refer to it as, the thing -- that terrible thing that happened, or that trouble that it caused me. it was still all about him and not about her. and not about anyone else. the other thing that struck me was, how did he not expect this question to come up when he's, you know, doing this book, you know, releasing this book in the me too world. i mean, he didn't expect it or he wasn't prepared for it. >> well, it hasn't come up. bill clinton, if you look through his history, has a tendency, when he's confronted with a tough question, he blows up. we did a whole 60 second super cut of this. this goes back to the '80s.

you ask him a tough question, it can be about his attitude and conduct and policies tards terrorism when he was president, right? do you remember that interview with chris walla i20? he blew up. so i think the difference is here, he blew up. he's done what he's done for decades, bdn h the support he had in the past. a y.time has moved beyond yo at a man who's kind of out of place in his party and in his moment. >> but what do you make that, jennifer? it does feel like he just felt out of touch to the moment. that is probably -- i don't know any other way to look at it. they just felt out of touch yesterday. >> i think what the me too movement is about is about, is the impact on the woman and i don't know -- i personally believe he does see that writ large. you know, it's hard when, you know, when he's talking about himself, you know, i mean, we all saw like, that was really defensive. >> i'm going to leave it there.

jennifer, i know this isn't easy for you. these are not just people -- >> people. >> the are people, these are human beings, these are friends, your personal interaction with monica, there's all sorts of -- you know, so i know this was -- >> thank. >> thank you. matthew annianita, thank you both as well. when we come back, philadelphia fights back. hey blue. i brought you something. okay. we're getting out of here. you're welcome. run! holy! this is gonna be awesome. rated pg-13.

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in case you missed it, apparently don't miss with philly. it's the city of brotherly love, except when it absolutely is

not. i mean, the city has two major icons, right? on one hand, the liberty bell. a tribute to our independence, our high test ideals. let freedom ring! on the other hand, there's rocky balboa, a fictional philadelphia-bred working class hero with fists of steel. emphasis, fictional, but, who punched a lot of refrigerated meat in a movie. so it appears president trump may have messed with the wrong town when he disinvited the super bowl-winning eagles from the white house. he hosted this celebration of america, sans football players, instead. well, here's the cover of today's "philadelphia daily news." , decidedly unimpressed. but perhaps the best/worst of it is coming from city hall. i give you mayor jim kenney. "our president is not a true patriot, but a fragile egomaniac obsessed with crowd size and afraid of the embarrassment of throwing a party to which no one wants to attend." okay, not to put too fine a point on it, but here's a tweet from the mayor's chief of staff comparing the inauguration and the super bowl. okay, then. trolling each other. so, president trump be warned, philadelphia is putting you on

notice, because it's really never a good idea to mess with an eagle, especially one that maynow how owries ta claus. anyway, that's all for tonight. we'll be back tomorrow with more "mtp daily." "the beat" with ari melber starts right now. >> our top story tonight is fallout over bob mueller alleging that donald trump's former campaign chair committed a new felony. significant development that comes as trump's own legal team shows some signs of serious strain. mueller filing this motion. it argues that paul manafort should be jailed or have his bail revised because of new alleged witness tampering. this is, by all accounts, a surprise move. no one knew up until mueller said this, that there was alleged witness tampering going on. and it comes at the same time that trump's lawyers admit they put out false statements denying that trump wrote that defense of don jr.'s meeting of the russians with trump tower and those same lawyers admitting that trump can commit t