it's not as important as alan dershowitz.drienne elrod and emily jashinsky, thank you very much. . . the president's attorney. but i think we should be thinking of the larger story. we were told for many years by many people in the media and anonymous sources there was treasonous collusion with russia to steal the election. do we have anything that supports that? we have cohen under fire. and various other people under fire. but what they are allegedly under fire for has nothing to do with that overarching story that led to the drama we have had the last few years. i think journalists should take a step back and think about how honest they are being. howie: he does have some exposure on the payment to stormy daniels. the $130,000 hush money payment for which he was reimbursed by the president. but one of the reasons he wasn't appearing on camera is he didn't want to say again and again and again, i can't comment about the investigation. rudy giuliani said the president wants to testify but we the lawyers are holding him back.

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is harvard law professor and author of "the case against impeaching trump," the one and only alan dershowitz. thank you on a friday night. i appreciate you being here. mariotti, you are bringing the prosecution in this case. when you look at the tapes, they are damning for the president because? >> because he's talking to a suspected criminal about matters under which he is under federal investigation for. it's never a good thing when your client is talking to somebody who is under investigation, particularly when it's about the subject matter that the government's investigating. you can spin it all you want, and we've heard more reporting. cnn has reported there's other tapes and there's a lot of discussion about what's actually on these tapes. but it's never a good thing. >> fruit of the poisonous tree aside as to a potential ethical violation by one's counsel in making such tapes, it was his lawyer, alan dershowitz. he was talking to him.

that why peo it's an embarrassment.reating alan dershowitz the way they are.s an the intellectual dishonest of . these people is staggering. they are frightened of other it ideas.ual dishonest of these people is staggering. they are >> sean: let's talk about this ideas. >> sean: let's talk about book in the context of where we are with the mueller t cont investigation. of where we are with the mueller because you have called this invest what it is from the beginning.n. because you it's very dangerous when we all what it is from criminalize political difference. your words and not mine?beginni. it's very >> right. dan i agree.gerous when we criminalize political difference. your words and not mueller will end up not having ? >> right. i accomplished very much. agree. mueller will you can't indict a sitting president. end u not having accomplished very kavanaugh agrees with.. you can't indic that you can't impeach a sitti pres a president unless he committed a crime.vanaugs with. that you collusion is not a crime. can't a president unless he the president can ob

alan dershowitz is under fire for standing up for principles he's always held.ot a good time. >> the reason is simple. you can't be honest anymore. and the reason is -- and i hate to say this -- the leftists and the democrats have established an idocracy populated by fools and naves. listen to the senator on face the nation the other day said that the nominee for the supreme court was coming from an extremistive organization. the federalist society! members of which included john roberts, scalia, clarence thomas, sam alito and gorsuch. when a u.s. senator says something as stupid as that that's why people are treating alan dershowitz the way they are. it's an embarrassment. the intellectual dishonest of these people is staggering. they are frightened of other ideas. >> sean: let's talk about this book in the context of where we are with the mueller investigation. because you have called this what it is from the beginning. it's very dangerous when we criminalize political difference. your words and not mine? >> right. i agree. mueller will end up not having accom

to alan dershowitz we have a great show on tap. tune into radio tomorrow. that's it for me tonight. follow me on twitter. i like reading your tweets, even the mean ones, those are entertaining. shannon bream and the "fox news @ night" team. >> shannon: you know, the mute button is one of the best inventions twitter ever came up with. >> laura: you use that too? >> shannon: once in a while. thank you. we begin with a fox news alert. breaking tonight, suing the cia over embattled former director john brennan and alleged leaks to then former top democrat harry reid. it is all in the wake of the trump administration threatening to pull brennan and other security clearances. do they have a case? stick around vinyl. chief intelligence correspond to catherine herridge is here tonight with new analysis on the heavily redacted fisa documents about former trump campaign advisor carter page. jason chaffetz uncovers meant matt gaetz join us live to investigate the fusion gps connection and answer the critics about what the fisa documents really tell us about

fane constitutional expert alan dershowitz for a sense his case against impeaching president donald trump on this edition of. the politicking on larry king he's been called one of the most prominent and consistent defenders of civil liberties in america he's often the go to expert on constitutional law and individual rights and lately he's come on the heavy partisan fire for his well publicized augments against the call by many to attempt an impeachment of president trump he's laid out his opinion in his latest book we show it here in titled the case against impeaching the president. professor dershowitz is a hollywood law as a harvard law professor emeritus and he now joins me via skype we can say hollywood because he's so well known he's been played in movies television if. you want to a little attorneys for o.j. simpson my friend and thomas von bulow always a strong support all these opinions never had problems you were known as a constitutional expert you've written a hundred books now you come out in the past with defending the president and the issues and a lot of people on the left

mark meadows and alan dershowitz will be here to tell us how much trouble page is in. raymond arroyo joins us with the story of a comedian who bamboozled sarah palin and former vice president dick cheney into doing an interview by assuming an unbelievable identity. it's really classy. you're not going to want to miss it. new york city sanctuary mayor is accused of -- i love this -- illegally crossing the border. ben shapiro will react, but first, trump calls out the real russian collusion. that is the focus of tonight's angle. i don't know about you but i thoroughly enjoyed seeing the grim faces on some of those other cable networks today after president trump's meetings with his nato counter parts in brusselss. it was obvious that pundits and writers wrote their scripts long before air force one even touched down in belgium. of course, trump was going to be an american wrecking ball, a bull in a china shop, further damaging the north atlantic alliance that had helped keep the peace for 69 years, putin's poodle, yada, yada, yada. germany, the richest country in nato is

of harvard law professor, alan dershowitz, rushing back. he schooled-- scolded an msnbc . -- it should be pointed out that alan dershowitz voted for hillary clinton. watch. >> you are implying in a mccarthy way that i am somehow defending donald trump and i am making his case. shame on you. i am making a civil liberties case. i'm not part of the trump defense team.don't you dare accuse me of doing that. i am not making a case for anybody. i would be making the identical case if hillary clinton had been elected and they were trying to stretch the law the way all four of you are trying to stretch the law to target somebody who you disapprove of. elizabeth: with me now we have the harvard law professor, alan dershowitz. good to see you. you are accused of defending trump. what happened? >> they assumed i was his lawyer and responsible for everything he said.i am saying the exact same thing i would say if hillary clinton had been elected president and they were trying to impeach or investigate her. the commentator earlier was saying it's a crim

try head and shoulders two in one. >> now no love this summer for alan dershowitz from some people on martha's vineyard. dershowitz, a fox news contributor, wrote an op-ed saying friends are snubbing him for his legal argument against impeaching the president. check out this headline. "the martha vineyard's crowd strikes back against dershowitz." and he said he was opposed to a special counsel for hillary clinton's campaign and i'm against it for trump. i'm a neutral libertarian when it comes to the constitution. that's not good enough for my old friends on martha's vineyard. he said what i said about the constitution might help trump so they're shunning me. one prominent lawyer sent this e-mail to dershowitz in their inner circle. you defended and gave cover to this present who relentlessly disrupts and causing damage to our political system, our courts, our standing in the world and the environment and more. in all of that, you're complicit. this comes as james woods revealed and e-mail from his agent reading, it's the fourth of july and i'm feeling patriot tick. i don't want to rep

know i read that you dined with dirt with the president you appear on fox news regularly that alan dershowitz would become a hero of the far right is an anathema yeah yeah i mean first the i'm not here of the far right i am hero of some people on the right and i'm a devil to some people on the left look i dined with president obama dined president clinton i don't think any american should turn down an invitation to dying president he wanted to talk about the middle east i'm deeply involved in the middle east peace process as you know and a close friend of benjamin not that you know who i know president abbas and i've been asked for my advice i was asked my advice by president obama president clinton president carter president bush and i'm always going to give advice and i'm always you know except an invitation to have dinner with the way i thought i sort between people in the white house i'm not embarrassed about that first box concern i've been on c.n.n. much more than fox and this in b.c. but i'm not going to keep myself off fox one reason i turned down the out unity to be a special can cor

we will get reaction from alan dershowitz.ore that, a delay in the planning of another summit between president trump and vladimir putin. we explained that earlier, but kevin corke has the story of the day from the white house, tells us what's happening. >> thank you very much. >> with a schedule dominated by talk of trade, tariffs and economic storm clouds brewing both at home and abroad, president trump waited into even more turbulent waters today. >> i need to open up a company for the transfer of all of that info regarding our friend david so i'm going to do that right away. >> a leaked recording of his private conversation with an attorney michael cohen occurring just two months before the 2016 election. it seems to be the man apparently discussing -- more than a decade ago. >> correct. i'm all over that and i spoke to alan about it. when it comes time for the financing. >> what financing to mark >> known. >> the release of the recording sparking a twitter back and forth with the president asking why the tape was so abrup

famed constitutional expert alan dershowitz for sends his case against impeaching president donald trump on this edition. of the politicking on larry king he's written for one of the most prominent and consistent defenders of civil liberties in america he's often the go to expert on constitutional law and individual rights and lately he's come under heavy partisan fire for his well publicized arguments against the call by many to attempt that impeachment of president trump he's laid out his opinion in his latest book we show it here entitled the case against impeaching the president. professor dershowitz is a hollywood law is a harvard law professor emeritus and he now joins me via skype we can say hollywood because he's so well known he's been played in movies television if. you want to be able attorneys for o.j. simpson my friend and thomas von bulow though is a strong support all these opinions never had problems you were known as a constitutional expert you've written a hundred books now you come out in the past with defending the president and the issues and a lot of people on the l

it matters what crimes you're looking at and is there evidence of them. >> alan dershowitz, one of the claims in one of these tweets is that he says he had a very nasty and contentious business relationship with robert mueller. there has been other reporting that says that this may be around mueller's purported membership at the trump national golf club and a dispute over fees. why is the president elevating this like this? >> well, first of all, has nothing to do with cohen because cohen is not in mueller's camp. cohen is in the southern district of new york. his whole case is based in the southern district of new york. the case has nothing to do with mueller so i don't think it's correct to say that it was the cohen issue that stimulated him to write the tweets about mueller. look, if the president thinks that mueller should be recused, his lawyers have a right to go to court and seek recusal. i have strongly urged that that be done with rod rosenstein. rod rosenstein has the clearest possible conflict of interest if there is an obstruction of justice investigation against the presid

guest is the author of the new book, the case against impeaching trump harvard law professor alan dershowitzright now and alan good to see you this morning your reaction to what we've received in terms of this fisa warrant which is heavily redacted every page, massive black spots. what do you think? >> well i'm used to seeing redacted information. i would say 90% of redactions are generally designed to cover people's in competence and they're not national security and i think you should have an objective neutral person go through the redactions and always error in favor of publicly releasing transparencies rather than secrecy but what it also shows us is that there is potentially a violation of the united states supreme court decision called franks vs. maryland and that case says when you make an application for a warrant you have to be truthful, and if you omit important information or fail to disclose information that might discredit the source, there's a real legal problem and here of course we know that the steele dossier, we know how it was obtained we know the circumstances, and the fi

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. >>> alan dershowitz is coming here. and making a case against impreachi impeaching trump. >>> the president's response, don't come to this country illegally. the "hardball" round table weighs in on that one. >>> the danger of embracing putin. and let me finish tonight with trump watch. this is "hardball" where the action is. across the country, we walk. carrying flowers that signify why we want to end alzheimer's disease. but what if, one day, there was a white flower for alzheimer's first survivor? what if there were millions of them? join us for the alzheimer's association walk to end alzheimer's. register today at alz.org/walk. but prevagen helps your brain with an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember. need a change of scenery? the kayak price forecast tool tells you whether to wait or book your flight now. so you can be confident you're getting the best price. giddyup! kayak. search one and done. >>>

but alan dershowitz will be joining us live at 9:30 a.m. at the top of the hour, our headliner will be here to weigh in, and will also hear from eric swalwell. that will be at 11:30. >> bill: coming up, fox news alert, taking his american first agenda on the road at this hour, he will head out to iowa. meanwhile, is there a deal on terrorists with the e.u.? the president was with the president of the e.u. in the rose garden yesterday. >> for free and fair trade, we met right here at the white house to launch a new phase in the relationship between the united states and of the european union, a phase of close friendship, of strong trade relations in which both of us will win. >> bill: that was yesterday. folks woman for the rnc. how are you doing and good morning to you? working towards a resolution. how do we rate this news that came here late yesterday? >> this is extraordinary. it is really important to put it into the context of american history. yesterday, you had that you commissioner standing there by the president of the united state

the absurd claims is the author of "the case against impeaching trump," harvard law professor, alan dershowitz. sara carter. judicial watch president tom fitton. professor dershowitz, i will go to you first. what is treason? >> treason is the only crime defined specifically in the constitution. it shall consist only in levying war against the united states or in adhering to their enemies giving them aid and comfort. obviously, it's wartime. it's what aaron burr was accused of doing. it's what people who became nazis and supported the nazis and joined the nazi regime were accused of doing. it's not what president trump did. nor is it what franklin roosevelt did when he sat down with stalin and allowed him to control all of eastern europe. many americans on the right were calling that treasonous or treason. you can't just throw the term around. it's the only crime specifically defined in the constitution. i want to make one more point. to compare what president trump did to the holocaust or kristallnacht is a form of holocaust denial. what it suggests is that nothing more happened to the jews th

but i think, you know, there is something about alan dershowitz that has become a media personality. and put himself in that position. >> as my grandmother would say, alan when you lay down with dogs, you get up with flees. he can't try to undermine robert mueller iii's investigation of vladimir putin trying to destroy our democracy. trying to undermine our democracy. and then be shocked that he's not allowed to go to the finest spots in martha's vineyard. >> one point, joe, there are no fleas on martha's vineyard. >> he's brought them there and they do not like it. we are going to be later, i'm sure, some time today reaching out and maybe have on our ground investigator reporter. >> all right. >>> we're going to move on now to the -- >> do you see the spot that nbc has given him? >> he's got the best location with borders on the island. >> it's unbelievable. >> okay. we're going to move on now to the frantic effort to rescue that team of 12 young soccer players trapped in a cave in thailand. a threat of monsoon rains expected to hit the area at the end of the week is forcing rescue t

has spoken out against these calls for him to teach men fans lawyer and harvard law professor alan dershowitz and his latest book the case against impeaching trump dershowitz uses his knowledge of constitutional law to argue against both his political colleagues and folks who are now calling for the removal of one donald trump recently our own tire of interest travel to the book signing in new york city to sit down with mr dershowitz to discuss his new book. alan one of the banes are calling for an impeachment of donald trump with the dangers are of undercutting the constitution when you reverse an election without a constitutional basis that's the road to tyranny so nothing could be more important we distinguish between democracies and banana republic cement and a republic they read them selves of unpopular leaders by coups and other non constitutional means we pride ourselves in being a nation under the law and the constitution provides very rigid criteria for how you can remove a president from office and in my book the case against impeaching trump i demonstrate that those criteria have n

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the absurd claims is the author of "the case against impeaching trump," harvard law professor, alan dershowitz. sara carter. judicial watch president tom fitton. professor dershowitz, i will go to you first. what is treason? >> treason is the only crime defined specifically in the constitution. it shall consist only in levying war against the united states or in adhering to their enemies giving them aid and comfort. obviously, it's wartime.g it's what aaron burr was accused of doing. it's what people who became nazis and supported the nazis and joined the nazi regime were accused of doing.ed it's not what president trump did.d. nor is it what franklinn roosevelt did when he sat down with stalin and allowed him to control all of eastern europe. many americans on the right were calling that treasonous or treason. you can't just throw the term around. it's the only crime specifically defined in the constitution. i want to make one more point. to compare what president trump did to the holocaust orns kristallnacht is a form of holocaust denial. what it suggests is thatau nothing more happened to t

alan dershowitz. law professor responds to both sides coming up next. ♪ copd makes it hard to breathe. so to breathe better, i go with anoro. ♪ go your own way copd tries to say, "go this way." i say, "i'll go my own way, with anoro." ♪ go your own way once-daily anoro contains two medicines called bronchodilators that work together to significantly improve lung function all day and all night. anoro is not for asthma. it contains a type of medicine that increases risk of death in people with asthma. the risk is unknown in copd. anoro won't replace rescue inhalers for sudden symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, high blood pressure, glaucoma, prostate, bladder, or urinary problems. these may worsen with anoro. call your doctor if you have worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain while taking anoro. ask your doctor about anoro. ♪ go your own way get your first prescription fre

joining me alan dershowitz author of the new book "the case against impeaching trump." professor dershowitz, take us back into the classroom. you're teaching ethics in criminal law. i wonder if this is something you dealt when you were teaching the class about a lawyer recording conversations with a client. >> absolutely we spent a lot of time with that. sometimes lawyers feel their clients are going to set them up and maybe do something and say something to get them in trouble. it's not unheard of that a lawyer records a client. it's legal in new york. there's questions about whether it's ethical for a lawyer to record a conversation with a client. for me the big issue is who leaked this. that's more than just ethical. that probably violates a specific court order. of course it was leaked by prosecutors it's a serious problem. if it's leaked by white house or anybody on the trump team it constitutes a waver not only of this by giuliani but may constitute a waiver on other issues. if leaked by cohen, obviously gives us more information about whether cohen is going to fli

among our guests, legendary lawyer and law professor alan dershowitz. alabama senator, richard shelby. and kentucky congressman james comer, house oversight committee. melissa: back to the markets. dow dragged down by shares of boeing and caterpillar. phil flynn watching oil in cme. nicole petallides on floor of the new york stock exchange. nicole, we go to you first. what is the big story for you there? >> the first we turned negative for the dow in 2008 with selloff. some traders i spoke with this morning noting with these headlines, they didn't expect such a selloff. one confiding saying he was on complete wrong side of the trade because he had to buy more, because he feels optimistic about earnings coming out on friday. others tell me, they feel it is noise. ultimately bargaining by president trump. once we get headlines the u.s. and china are negotiating we'll get a pop to the upside. the dow is down 219 points. we noted that we snapped the recent up streak. industrials are definitely trade-related. oil, phil flynn will hit on that with a big sello

take a look at alan dershowitz on view. >> i wouldn't have nominated kavanaugh, he wouldn't have beenoice. >> why? >> he might have to recuse himself based on what he has written. >> that is traction for this recusal argument and it could be the supreme court that has the final word if mueller pushes it. >> it might be the first thing alan dershowitz and i have ever agreed on in the history of jurisprudence but it's important particularly around his -- kavanaugh's passionate love for expanding presidential power particularly the presidential power of the president he's employed by. >> you're speaking to the point there is the power theories. the court held flx the war making power, the drone power is not easy to question regardless of who is president. the democrats are singling out that kavanaugh didn't seem to feel as strongly about this when bill clinton was president. >> that's definitely true but we have to expand it out to look at what presidential power does so in the context of guantanamo detainees and torture, judge kavanaugh was a judge on the circuit court of appeals that d

let's bring back sol wisenberg and alan dershowitz to react. to what we just heard from mayor giuliani. sol, let's start with you. anything jump out at you that the mayor just said? >> what jumps out at me in one way is what is not being said. of course i haven't heard the whole tape, as the mayor points out. but in all this conversation about did he say cash or didn't he say cash? my question is, why is he even discussing buying the former play mate's story if it's not true, which he has said it isn't true? why would you care? why would you want to buy it? let's look at the big picture. professor is right, it's not a crime, but i think it is the elephant in the room. it needs to be mentioned. >> laura: i would say, sol, businesses settle things in different ways all the time because well-known people are targeted and sued because people know you will settle. that goes right to the settlement. they probably just wanted -- i don't know. i am just guessing. professor dershowitz, you deal with this all the time. people want to get stuff off their

ken cuccinelli, alan dershowitz, and laura coates. it's good to have all three of you. laura, i start with you. your interest in this? >> you know, what you're seeing here is michael cohen is very well aware the gloves need to come off. it's a credibility campaign going on right now and a game of he said/he said, he wants to prevail. particularly it seems the idea whether he says cash or whether he said check may seem like a nominal matter. what he's trying to establish is there was some awareness on behalf of donald trump at the time that there was this pending transaction, this agreement with karen mcdougal, and that he, himself, was trying to at least appeal to his good senses in some way talking about, no, no, no, no. so i think you're seeing this all play out in realtime, but certainly the gloves are off. and if you're donald trump, you're concerned there may be additional information that his tape alluded to in the form of all the things, in case david pecker no longer is in charge of ami. >> now, alan dershowitz, professor, even if we take the reckoning of the re

alan dershowitz is here with what it might mean for the case. a warning for president trump from a man with firsthand knowledge of the brutality of vladimir putin. bill browder who calls himself putin's number one foreign enemy here with his sobering analysis next. >> i think i have a very good relationship with president putin, if we spend time together. i may be wrong. ♪ you don't even understand? well, esurance makes it simple and affordable. in fact, drivers who switched from geico to esurance saved an average of $412. that's auto and home insurance for the modern world. esurance. an allstate company. click or call. paying too much for insurance that isn't the right fit? well, esurance makes finding the right coverage easy. in fact, drivers who switched from geico to esurance saved an average of $412. that's auto and home insurance for the modern world. esurance. an allstate company. click or call. esurance. an allstate company. head-clearing, body repairing, titempur-pedic sleep. purchase a tempur-luxe or tempur-breeze mattress today and en

harvard law professor alan dershowitz.esterday you wrote an interesting piece in "the hill" on how an obstruction case against president trump should raise a flag for any civil libertarian irrespective of which side of the aisle they are on. tell me why. >> they shall trying to -- they are trying to stitch together an obstruction case on public tweets. people don't obstruct justice in public. if you are going to obstruct justice you are going to do it in private. the idea the special counsel is trying to put together, he knows he doesn't have the case. he's trying to put together a case based on tweets, public statements, presidential statements dwab presidential action. that's so dangerous to civil liberties. today it's being used against trump, tomorrow it will be used against democrats and tomorrow it will be used begins in the audience. any civil libertarian ought to be outraged that this special counsel is trying to cobble together a case against president trump based on his tweets. judge jeanine: would you agree when

alan dershowitz outlines the constitution's criteria for the impeachment of a president. journalistal grade doe corps chad doe talks about paths that he and three friends took after they immigrated to the u.s. in the late 1980s. and psychotherapist jeannie safer discusses how political differences are hurting personal relationships and offers remedies to the problem. that's just a few of the programs on booktv on c-span2 this weekend. for a complete schedule, visit booktv.org. >> janet napolitano is our guest on booktv. she has a new book coming out called "how safe are we," it deals with her time as secretary of homeland security. she's also the former governor and attorney general of arizona and currently the president of the university of california. president napolitano, when you were secretary of dhs, first of all, should dhs have been created? was it the right thing to do? >> guest: you know, i think it was the right thing to do, and it was the right thing to do for a variety of reasons. the most important of which was to put under one roof various departments that

we talk to alan dershowitz next.s going to perform at the white house on independence day but she called a once-in-a-lifetime chance and comes from a military family, she joins us live. ♪ >> donald trump's shortlist for supreme court justice, interview four impressive people yesterday. on monday i will be announcing my decision for the justice on the us supreme court. >> started with 25, down to a handful. joining us is constitutional law expert alan dershowitz, author of the case against impeaching trump. thank you for joining us. what is the president looking for the most in these final candidates. >> the president make these decisions based on his personal interaction with the individuals more the recommendations. obviously will take into account recommendations as well. i hope he is looking for libertarian conservative, a true conservative who elevates the rights of individual over the power of government, a true conservative respect precedent, doesn't come to the court with an agenda, a list of issues he wants t

not. >> it is becoming a little hard to escape alan dershowitz.this morning and there was a huge op ed of alan dershowitz. i've had enough of him for the year. >> we've all had. >> you never had enough of the red sox winning, have you? >> no. that's the way it is supposed to work. >> it is working that way this year. we heard and saw much in those trump tweets. it is pretty extraordinary a man who kowtows to chairman kim as donald trump calls kim jong-un could be so bitterly critical of nato allies that helped us win the cold war. what is your take? >> my take is we're about to see a week that is essentially a reprice of what happened a few weeks ago when trump first went to the g7 and insulted all of the leaders there and refused to sign the communique and flew all of the way to the sing sing important a -- singapore to have a love fest with kim jong-un. trump in some ways will be more isolated in belgium than in g7, there are just more nato members. he will probably try to put in his meeting with putin in helsinki the most positive spin availabl

joining us now is harvard law professor emeritus alan dershowitz. his new book is called "the case against impeaching president trump." professor thank you for being with us. you had a chance to speak to the president. you won't tell us what you talked about but what do you make of his decision? >> i think he decided this was the right nominee for this position. i think he thinks he's going to fill a lot of positions and i don't think he's excluded any of the other people on the list from being nominated in the future. >> brett kavanaugh has written extensively about investigating and prosecuting a president in an article in the minnesota law review in 2009. one thing he says is the indictment and trial of a sitting president would cripple the federal government rendering it unable to function in the international or domestic arenas. >> he's right and in my book "the case against impeaching trump" i make the argument that the constitution for bids the prosecution of a sitting president because it says you can only prosecute a president after he's be

let's bring in alan dershowitz law professor author of great bookcase against impeaching trump.fessor, you know, people hearing this exchange that was recorded secretly by mr. cohen and they are going i don't know exactly what's going on. you've heard it. is anything illegal? have any crimes been committed in what we have heard so far? >> not even a close question. there is no crime. this was a conversation between a lawyer and a client that should never have been heard. even if -- even if and the tape is unclear, trump raised the word cash, there then a discussion the lawyer said no, no, no. and president trump said no, we will do it by check. lawyers and clients have those conversations all the time. i have had conversations like that with clients. the end result is cash was not used. no payments were made. the context of the tape all suggests that the president wanted it to be papered. they wanted it to be corporation, not just a payment. wanted to make sure it was done right. make sure it was done with records. so i think the big picture is no crime. it sounds like cohen is

>> sandra: a lot more from harvard law professor alan dershowitz. we'll get his take at the top of the hour. >> bill: trying to get kavanaugh through by october 1 that's the schedule mcconnell set up. right now they're on track. looking forward to dershowitz next hour. rudy giuliani not pulling any punches with the president's former attorney michael cohen. >> now i've listened unfortunately, fortunately from my client's point of view to many hours of tapes and the man is a pathological manipulator, liar. >> bill: in moments why the trump legal team say they think why they believe michael cohen is a reliable witness. >> sandra: president trump reigniting his feud with "the new york times" this time taking aim at the paper's publisher. howie kurtz is on deck with that story. >> bill: vice president mike pence says he is honored to be a part of the arrival ceremony for our nation's bravest from the korean war. what it could signal for the talks to come. >> he came home with a medal on his chest but my dad who has gone now 30 years, raised us to unders

alan dershowitz, as trays just pointed out, said setting up a corporation for payment is fine, it happens all the time and he pointed out the payment was never actually made by judge napolitano said this morning that what they are discussing is a civil fraud and could be problematic for the president. how do you see it? >> the possibility of a campaign finance violation is really the serious question. did president trump hand cash to michael cohen to pay off the publishers of the "national enquirer" to in ordeo help his campaign? that the basic question. there are a lot of dots to be connected. we don't know if the money did pass hands. how it past tense, we don't know, even if trump paid off the "national enquirer" whether it had to do with the election are not because that's really a matter of opinion. so as any of this really going to damage president trump? i think not. i think it's all baked into the cake. more than that i think it's very difficult to criminally prosecute these types of cases. john edwards, the democratic presidential contender in 2008, a very similar issue. he was a