so where does this robert mueller investigation go, alan dershowitz?'m hoping that they help the system of checks and balances in the midterms. i don't think robert mueller will impact the election. i think is getting too late now for report to come out because if we had a report now it would be seen as designed to impact the elections. and the justice department regulations preclude that from happening. if it doesn't happen right away, and it will not happen it is not resolved of the present will sit down. they'll have to wait until december to release this. i do not see robert mueller impact in the election. but i think the president has a problem of immigration in healthcare and his tone and i do not see how that can be changed or improved between now and then. i do think that the democrats will do much better in the house and if they do better in the senate will have an impact on the supreme court. maria: and of course, we waiting on confirmation of brett kavanaugh. which most people think the votes will be there.at this point, american people want

like you like alan dershowitz to this day he's anti-left alan dershowitz said to me i have the video it's on video alan dershowitz lifelong liberal hillary clinton supporter professor of law at harvard i am far as a jew and as a liberal i am far more afraid of the left than of the nazis he was on this show and there she was he's a hillary fan now he's does not favor trump's policies he just thinks trump can not be indicted while sitting on things he thinks the left is ruining the universities he thinks the left is a greater danger to america than the right i have i play that video and all i will we will make a bet alan dershowitz support in twenty twenty oddly enough he will support any democrat correct correct ok i agree that is so you know making him a hypocrite no i'm making him inconsistent which is not uncommon in the human race are you still an orthodox jew i was never an i was own orthodox jew till i was thirteen i was i went to yeshiva i was raised an orthodox jew i am still a religious jew but i am i am an oddball in that i am a deeply religious jew who believes that the tou

like you like alan dershowitz to this day he's anti-left alan dershowitz said to me i have the video it's on video alan dershowitz lifelong liberal hillary clinton supporter professor of law at harvard i am far as a jew and as a liberal i am far more afraid of the left than of the nazis he was on the show and there she was he's a hillary fan now he's does not favor trump's policies he just thinks trump can not be indicted while sitting on things he thinks the left is ruining the universities he thinks the left is a greater danger to america than the right i have i play that video well i will we will make a bet yeah who will alan dershowitz support in two thousand and twenty oddly enough he will support any democrat correct correct ok i agree that is so you know making him the hypocrite no i'm making him inconsistent which is not uncommon in the human race are you still an orthodox jew i was never an i was own orthodox jew till i was thirteen i was i went to yeshiva i was raised an orthodox jew i am still a religious jew but i am i am an oddball in that i am a deeply religious jew who

like you like alan dershowitz to this day he's anti-left alan dershowitz said to me i have the video it's on video alan dershowitz lifelong liberal hillary clinton supporter professor of law at harvard i am far as a jew and as a liberal i am far more afraid of the left than of the nazis he was on this show and there she was he's a hillary fan now he's does not favor trump's policies he just thinks trump can not be indicted none of the last things he thinks the left is ruining the universities he thinks the left is a greater danger to america than the right i have i play that video we will make a bet alan dershowitz support in twenty twenty oddly enough he will support any democrat correct correct ok i agree that is so you're making him a hypocrite no i'm making him inconsistent which is not uncommon in the human race are you still an orthodox jew i was never an i was only orthodox jew till i was thirteen i was i went to yeshiva i was raised in with an ox jew i am still a religious jew but i am i am an oddball in that i am a deeply religious jew who believes that the tourist from god

it is not based on anything real. >> alan dershowitz, professor dershowitz, you are on the phone withdent said he is basing that notion on what he has heard from great scholars. i am guessing that he means you. i think he watches you on tv quite a bit. you have said there never should have been a special counsel, but i don't believe you have said that robert mueller is doing an illegal investigation. >> quite the opposite. i've said that i disagree with my friends, even a great scholar who has written a powerful article arguing the case of special counsel and giving him the ability to rule without the senate is illegal and plausible situation and here i agree with jeffrey toobin. i always said i thought the appointment of special counsel was lawful. i thought it was unnecessary and the southern districts and other districts could handle it. i thought it raised serious policy questions, there's really no check and balance effectively on the special counsel. i've been critical of special counsel. if the president meant me, i'd be flattered if he called me a great legal scholar, i think

professor, and he is the author of the blockbuster book "the case against impeaching trump," alan dershowitzeat to see you, alan. >> thank you very much. elizabeth: what's your take of what's going on? >> well, i think it's exactly the right thing. we live in an adversarial system. the mueller probe has only heard one side of the story. remember, grand juries don't invite exculpatory witnesses to come, and they only hear one side of the story. and in an adversarial system, both sides of the story have to be heard. so i think it's a good thing for america, it's a good thing for justice, it's a good thing for truth for the trump team to be bearing their side of the story -- baring their side of the story, and then the country can judge. the problem with the mueller report is it's illegal for mueller to disclose grand jury testimony. and so he's going to have to write a report either without disclosing what he heard in the grand jury or his prosecutors heard in the grand jury, or he's going to have to get special permission from the court to disclose this material. and the reason we don't permi

opening monologue, the author of another best-selling author, "the case against impeaching trump," alan dershowitzas a great book. professor dershowitz, let me begin with you. i think that sara's report tonight, what are the firewalls? i don't r have any new information. it sounds very nefarious and damning to me. >> i have no idea. that's why it from the beginning i called for a nonpartisan complete investigation by experts to all aspects of this whole election. we have to get to the bottom of this. we have to have testimony that's open to the public, not behind closed doors of the grand jury. the american public is entitled to know what these things mean. i have no idea what these firewalls are referring to, but it's enough to open up some kind of investigation. can i comment just briefly on, your opening monologue? i wrote a piece for "the boston globe" arguing thatr if the president revokes the security clearance only of hisui critics, that would raise a serious first amendment question. it would be a close question because he's not shutting them down, people can say what they want. they can c

his inside author of "the case against impeaching trump" and harvard law professor emeritus, alan dershowitz client, would you condone your client waiving the attorney-client privilege or in this case the executive privilege to allow you to testify if you had something to hide? >> it's a very, very tough call for any lawyer. look. there is no lawyer lawyer-client privilege between the president of the united states and the white house counsel. the white house counsel is not the personal lawyer of the president. he or she is the lawyer for the white house, the government of the united states. so there was probably no lawyer-client privilege to waive waive. as far as executive privilege is concerned, it's a tough call. and unless you know everything that the lawyers know, it's awfully hard to second-guess it, because the president's position is he did nothing wrong. and if he did nothing wrong, he has nothing to fear from his white house counsel having a full sit-down with the special counsel. alice it doesn't risk anything for the president because the president can't be charged with anything

alan dershowitz. if you are over 30 and you've grown up watching alan dershowitz, it's amazing we got into this place. >> that's exactly right. they are very few liberals left. >> dennis: you know who the liberals are? us conservatives. >> tucker: exactly. chris hahn is a radio show host and he joins us tonight. thanks for coming on. >> any time. so people say all kinds of things like cable tv shows. and what bothers me is when officeholders or people seeking to become officeholders start parroting that same language. so i'm trying to figure out what's acceptable now on the democratic mainstream of which you are a part. so tell me honestly what you think and that will be a marker for where we are. reasonable people talking to each other. a, should we abolish ice and begin criminal prosecution against i.c.e. agents? >> no. but we should reapply some real rules to i.c.e. i don't believe we should do away with it, maybe we have to rebrand it at some. >> tucker: that sounds fine, i'm always for making fed

will get a reaction from legal icon, law professor and liberal alan dershowitz.n a moment, chief white house correspondent john roberts. >> a new fox news poll released this hour showed president's troubles weighing on him slightly. his approval rating slipping a .2 now 45%, his disapproval ratings rising to 53%. after his former personal attorney dropped a large dime on him, there's uncertainty as to where things are headed next. in his first interview since michael cohen accused him of committing a crime, president trump insisted there was no campaign finance violations associated with two hush payments to women because funds used to pay them off came from him. >> president trump: they came from me, i tweeted about it. >> the white house insisted the president is innocent of any wrongdoing. >> the president has a stated a number of times he did nothing wrong. just because michael cohen has made a deal doesn't mean anything regard to the presiden president. >> prosecutors claim president trump directed cohen to make payments to stormy daniels index "playboy" mod

also, alan dershowitz, david shown, they will react to this breaking news. the great one mark levin. busy news night. stay with us. george woke up in pain. but he has plans today. hey dad. so he took aleve. if he'd taken tylenol, he'd be stopping for more pills right now. only aleve has the strength to stop tough pain for up to 12 hours with just one pill. aleve. all day strong. 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. healthier brain. better life. why people everywhere are upgrading their water filter to zerowater. start with water that has a lot of dissolved solids. pour it through brita's two-stage filter. dissolved solids remain? what if we filter it over and over? (sighing) oh dear. thank goodness zerowater's five-stage filter gets to all zeroes the first time. so, maybe it's time to upgrade. get more out of your water. get zerowater. -morning. -morning. -what do we got? -keep an eye on that branch. might get windy. have a g

alan dershowitz.f you are over 30 and you grew up watching alan dershowitz, it's amazing. >> he's a liberal, not a leftist. >> tucker: that's exactly right. there are very few liberals lef left. dennis, thank you. >> you know who the liberals are? us conservatives. >> tucker: me, exactly. chris hahn is a radio show host and speaking of chuck schumer, a former staffer for senator schumer and he joins us tonight. think layla coming on. >> any time, tucker. >> tucker: so people say all kinds of lunatic things, i get it. i tend to discount a lot of that stuff. what bothers me is when officeholders are people seeking to become officeholders start parroting that same language. so i am tryingg to figure out what is acceptable now in the democratic mainstream of what you are a part.t. i i will ask you some questions and you tellin me what you thin. reason about people talking to each other. should we abolish i.c.e. and begin criminal prosecution against i.c.e. agents? >> no. but we should reapply some real ru

when we come back, andy mccarthy, alan dershowitz. maybe i will get more out of them.s straight ahead. >> they are much smarter than me. ♪ these folks, they don't have time to go to the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper get our special tv offer a 4 week trial plus postage and a digital scale go to stamps.com/save and never go to the post office again enterprise car sales and you'll take any trade-in?rom that's right! great! here you go... well, it does need to be a vehicle. but - i need this out of my house. (vo) with fair, transparent value for every trade-in... enterprise makes it easy. ♪ >> sean: here with reaction to my interview with president trump's attorney, the breaking news tonight, rudy giuliani, former assistant united states attorney for the all-powerful southern district of new york, andrew mccarthy. this book right here, you see it on your scree

try to bring steele back in after he was completely discredited. >> sandra: joining me now is alan dershowitzthor of "the case against impeaching trump." professor dershowitz, thank you for coming back on the program this morning. so they are surely, the president's team, doubling down on the call for this to end. what is the strategy here when it comes to this back and forth that we're seeing between giuliani and robert mueller? >> let's remember that the entire trump legal team is against trump testifying. that's the right tactical decision because all trump has to do is be asked the question did you know about the meeting in the trump tower with your son? and if he says no, which he has said which may very well be the truth, he has walked into a perjury trap because cohen has said yes. that's all the prosecution needs to set a perjury trap. his lawyers are right to say he shouldn't. he wants to testify. i think what's going on is his lawyers are making mueller an offer he can't accept. i don't think he can accept the offer and he will probably reject it and then the trump team can say see,

katrina, here is harvard law professor alan dershowitz telling fox this morning, this crackdown on presidentossibly dissuade other businessmen from running in the future. let's watch this i would like your reaction. >> the biggest crime you can commit in america today is associated with donald trump. if you're associated with donald trump they will manafort you, they will cohen you, they will do all of these things to you, they will look hard and they're going to search and they're going to stretch. maybe they will find something, maybe they won't. is anybody really caesar's wife, above all reproach? businessmen will be deterred from running for office because they know it will result in kind of a legal colonoscopy. they usually do it with the mafia. it is the al capone approach. if we can't get him on grounds we would really like to get him on, let's go after him on taxes, let's go after him on business. it is targeting people. if they can target president trump, they can target you, they can target anyone. that's the problem. liz: so that, what alan dershowitz is also saying, katrina, the

when we come back, andy mccarthy, alan dershowitz. maybe i will get more out of them.>> they are much smarter than me. ♪ pressure... ...that's just my favorite boat. boom. (laughs) make summer go right with ford, america's best-selling brand. and get our best deal of the summer: zero percent financing for sixty months on f-150. right now, get this special offer on f-150: zero percent financing for 60 months - during the ford summer sales event. means passing it down. we know that hunting actually helps our nation's wildlife grow stronger. we know that this isn't just what we do, it's who we are. we know the great outdoors. we love the great outdoors. bass pro shops and cabela's bring you the fall hunting classic - with great deals. like savings of 35% on scentlok savanna crosshair jackets and pants. and save $20 on a 6-pack of big foot b2 full body goose decoys. uhp. i didn't believe it. again. ♪ ooh, baby, do you know what that's worth? ♪ i want to believe it. [ claps hands ] ♪ ooh i'm not hearing the confidence. okay, hold the name your price tool. power of options b

eastern, sean spicer with his memoir "the briefing: politics, the press, and the president," and alan dershowitz with his book "the case against impeaching trump." wednesday, lillian discusses her book about harvey milk. and then richard munson on his book "tesla: inventor of the modern" thursday at 8 p.m.. 10tist self-help book, arguments for deleting your social media account right now. friday, "the capitalist come back: the trump boom in the it."s plot to stop watch book tv this week in prime time on c-span2. >> larry kudlow is the director of the national economic council. let's begin with your health. how are you feeling? larry: i am feeling great. thank you. jamie a new set of spark plugs. -- gave me a new set of spark plugs. i have new energy. if you have to have a heart attack, do it at walter reed. that's the best advice i can give anybody. >> what happened? what did you feel? larry: i was sick one night. i didn't have the chest thing, but i was just really sick. my wife called the white house medical, and they diagnosed it very quickly. they sent a car and shipped me over to walter ree

legal scholar alan dershowitz and former indieder omarosa manigault-newman. they'll join me later on in the show. we have a wild wednesday morning. kelly o'donnell at the white house. an epic news day. the president tweeting, turning on michael cohen, but being sympathetic toward a guy he used to distance himself from, paul manafort. >> reporter: you see the divergence in the president's tweets. it appears to have been a slow burn when it comes to michael cohen. the president took his time responding to cohen and his guilty pleas. today, we see the president deriding cohen, saying, not the lawyer you want to hire, in a bit of sarcasm there. also talking more specifically about the charges and the evidence in a more recent tweet, where he talks about him pleading guilty to two counts of campaign violations, where the president asserts is not a crime. he said president obama had a finance violation, and it was settled. there are instances where violations of campaign finance law can include a financial penalty, and it is not in a criminal realm, as we saw with

joining us is alan dershowitz and cnn's chief legal analyst jeffrey toobin.to go back to this thing which is, i mean, if lanny davis is saying that michael cohen is unburdened. he doesn't care about immunity. he wants to speak the truth. can he just speak the truth? >> sure. >> i mean he's raising money for people to pay him to speak the truth and fund him. can he just hold a press conference? >> he could. i mean, he is also under the thumb of the prosecutors at this point, and they may not want him to go public at this point. i mean, they may want -- they may be continuing their investigation, they don't want his story out there. >> mueller prosecutors -- >> mueller prosecutors -- particularly the southern district, because that's where his case is. i don't though what thefully has been between cohen and the prosecutors, but certainly, as a legal matter, there's nothing stopping him from telling his story right now. >> professor dershowitz, you said that the white house, that the assertion that the white house made today that the president committed to crime

alan dershowitz said, compose, right? they make up lies -- i've seen it many times. they make up things, and now they go from ten years to they're a national hero. they have a statue erected in their honor. it's not -- it's not a fair thing, but, uh, that's why he did it. he made a very good deal. >> so flipping's the crime, not the actual crime. incidentally, the president also said the markets would crash if he were impeached. >> that's possible. joining us now on the phone is josh dawsey, the cnn political analyst and white house reporter for "the washington post." good morning, josh. >> good morning. how are you? >> i'm well, josh. you have very interesting reporting this morning about the mood inside the white house. so both the president's mood since this news broke and the general mood. so, describe it. >> so, there's a palpable sense in the white house that this is different than a lot of the other sort of bad weeks we've had in the past. i think a lot of folks are shell shocked that this happened. a lot of people were on the campaign and did not know that th

that debate with the key congressman, eric swalwell up against law professor, alan dershowitz. the facts that matter this week. >>> good morning and welcome to "this week." american politics lost a giant last night. john mccain passed away at the age of 81 after stopping treatment for brain cancer. he will lie in state in the arizona capital, the u.s. capitol, and then a full dress funeral at washington's national cathedral before his burial at the naval academy in annapolis. this morning, flags flying at half staff at the white house and the u.s. capitol. tributes pouring in from across the country and around the world. presidents, his colleagues in congress and the military and his daughter, meghan. all that i am is thanks to him. now that he is gone, the task of my lifetime is to live up to his example, his expectations and his love. the example john mccain set, extraordinary by any measure. >> reporter: fighter, maverick, hero. senator john mccain spent his life in service to the country he loved. his loyalty, first and always to his country. he came from military royalty.

he is alan dershowitz. so, what is the fallout for president if manafort is found guilty?> well, likely he will be found guilty, 92 percent of people who come to trial are found guilty, they have two shots of convicts him, one in virginia, and one in washington, d.c. but statistical likelihood there will be a conviction. some posse of get trump at any costs are preparing for possibility of a hung jury or a loss, a former federal judge, and defense attorney by trade and back ground very lift wing person wrote an op-ed cast i opg the have for being too favorable for the defense. if this was hillary clinton associate she would be praising positive. they are so determined to get manafort convicted, only reason they went after him to squeeze him to sing or compose again president trump. i can understand why the judge is unsympathetic to mueller. liz: seems that jury asked question about shell company and reasonable doubt. the verdict would have nothing to do with trump. no implications for mueller probe to russian interference? >> well only implication it has is they would try

me give you another example is that over the weekend there was someone who tweeted to me that alan dershowitz, harvard law professor is a pedophile. that's just alive. it's just a lie. first of all is accusing him of a crime which is liable and the reason it was predicated on a prior some other story six or eight months ago when someone else did it and alan had to hire a lawyer and they shut down. and there's no question it's a lie and i won't get into the whole background but the thing is that that first story on this to that was tweeted to me, ivan tweeted that if i were alan dershowitz i'd sue for defamation because unless people start standing up to this stuff is that it's not going to stop. defamation suits against people who are reckless or mean or cruel or intentionally do these things, that may do some part in stopping this. this is not going to be an easy struggle to be all the horrible things but i'm big on the first amendment. because of some of the horrible stuff, i don't want to throw out the internet, it's not going to go away anyway. so we can all , believe me, i read stuff abo

if you make up stories, they just make up lies recommendation alan dershowitz said compose. they make up things and now they go from 10 years to they are a national hero. they have a statue erected in their honor. it's not a fair thing. but that's why he did it. he made a very good deal. for what he did. but i will tell you someone made a better deal awan, the it guy for schultz, congresswoman schultz. he had all the information on democrats. he had all the information on everybody, he went to jail holding the hands of the justice department or the fbi. they sat there together. they were smiling and laughing. and he got nothing. and he stole money and he had more information on corruption of the democrats than anybody and they don't even have his computers and his servers. they just gave him nothing. you saw that it was on your show. they gave him nothing. nothing. ainsley: double standard? >> double standard? i mean, he was worse than anybody, in my opinion. he got nothing. he's a democrat. he got nothing. the reason he got nothing is because the dems are very strong in the

he'll listen to rudy giuliani mouth off and alan dershowitz when dershowitz goes on the television to attack robert mueller, and he'll listen to people who repeat the lines that he wants to hear. but he will not listen to good lawyers. donald trump, even in his days back in new york, had trouble finding good lawyers. he took roy cohn, who was senator joe mccarthy's lawyers, he was one of the nastiest lawyers in new york. the bottom line is donald trump doesn't want to listen to good lawyers, good lawyers don't want to work for him. he ends up with people like michael cohen. it's been a disaster. i would never want to be donald trump's lawyer. i wouldn't want to end up going to jail. >> there is a lot of liability that seems to come with working in this white house. thank you, guys. >>> coming up, while robert mueller's team ponders its next move, paul manafort's lawyers want to move his next trial. an investigation update ahead. >>> why this contest is being called a proxy war in the national political debate. "the 11th hour" just getting started on a wednesday night. to rent a movie?

plus lawrence jones, alan dershowitz, and katie pavlich.ment for time life's music collection. ♪ you're the meaning in my life ♪ ♪ you're the inspiration ♪ that's how much i feel ♪ feel for you, baby ♪ how much i feel ♪ well, i need your touch (male announcer) intimate moments, cherished memories, unforgettable romances, the language of love can be spoken in many ways. and nothing ignites your emotions like the power of love. ♪ i'll always love you ♪ for the rest of my days

i think alan dershowitz is right. a lot of this is happening in the public arena. mueller does haven't a public face here. but they are both engaged in a public negotiation. what is the moment people don't want to see. they don't want to see, does a subpoena request go to the supreme court. this is the place a constitutional crisis lives. they are dancing around each other. kennedy: we have been brought to the brink of constitutional crises several times in this modern era. first with richard nixon and again with bill clinton, then with the 2000 presidential election. what would happen if there were in fact a subpoena issued and it went to supreme court? is that why brett kavanaugh is such an attractive choice? >> i don't think so. we night and our institutions will be tested and they would endure fit got to that point. for now, what giuliani appears to be doing is what we heard from professor dershowitz. they want to optically look to openly cooperate. i think president trump in his gut would love to talk to bob mueller base thinks's not guilty of the central char

alan dershowitz last night said there is no crime for the president because he paid this money, thiso these girls to protect even if it was protecting the election and helping him when it is his money and his campaign, he can spend as much as he wants, nobody think michael cohen is going to cough up 300 grand for a client. so where's the crime? >> more important we have gone through this with the john edwards case from the 2008 election in which $1 million of actual campaign funds were used as hush money for his mistress and 0 convictions. the ftc said no charges were to be brought against the campaign. we have gone through this and the john edwards case was more serious because it was campaign funds and alan dershowitz but more importantly the former head of the ftc bradley smith also said there is no crime, no felony, no campaign violation. rob: they hope to get more out of cohen and manafort and someone will sing on something because right now it doesn't sound like they got it. thank you for your help. jillian: 37 after the hour, student vandals intensifying war on confederate sta

this morning alan dershowitz explained what he thinks might be the trump team strategy. >> i think the tactic is emerging. the president wants to testify, the lawyer don't want him to testify. so the lawyers will set up a series of conditions. they will make mueller an offer he can't accept and mueller will say i can't accept this offer so we'll subpoena you. the president will say i wanted to testify, it was mule more turned me down. kennedy: rudy giuliani acknowledging mueller could subpoena the president. but what happens after that is anyone's guess. it never happened before. this could go all the way to the supreme court. let's go to edward lawrence in washington, d.c. with the latest. reporter: that could be uncharted territory. the answer to the question and whether the president would do an interview with mueller was heck no. the special counsel robert ruler asked -- robert mueller asked for the president to do an interview with him. his counsel says it would be a legal trap to get him to commit perjury against himself. >> i think the president learned a lesson about the bad re

alan dershowitz is a lifelong liberal. it doesn't matter.sn't like what you do they censor you. i need to emphasize this. the left doesn't believe in free speech and half of the students in college today don't believe in free-speech or hate speech but they declare what is hate speech. we don't have one word of hate. we have a psychiatrist who gives a talk on how to learn to forgive. a rabbi giving a talk on not gossiping. this is as sweet a website as you can find. shannon: it sounds inflammatory. facebook said we mistakenly removed these videos and restore the because they don't break their standard. this result in a reduction in content distribution, we are very sorry and are continuing to look into what happened. >> i am skeptical but i want to give them the benefit of the doubt. if a come back to us and say this is why it happened and we fired the guy who did it because we understand how bad this is i will be very impressed. i suspect no one will pay a price. i suspect there will be another mistake in the future but the larger issue, wha

meantime, alan dershowitz is saying, if mcgahn spent 30 hours talking with mueller's team, the president would probably be smart to keep him around as opposed to cutting him loose, shelly. >> that was a really interesting interview by alan dershowitz. he said the president should be worried. he said he's not paid for his legal advice but he likes to give it on television. his message is, you should be very worried. this is somebody who is cooperating with an investigation into the president himself. as "the new york times" reported, he may have done so because he was worried about getting thrown under the bus. that leaves a lot of questions about what exactly he is telling these investigators, even though the president is putting on a tough face and saying he is not worried and he authorized it. dershowitz said it wasn't smart to authorize it. executive privilege is a real thing that should have been invoked in this case. there are major questions about mcgahn leaving and what that means for session. "the wall street journal" had a great piece about republicans giving sessions encouragem

so let's talk about alan dershowitz, a well-known attorney in his own right had this to say about what the president's legal team is presenting as an option to robert mueller. >> they will make mueller an offer he can't accept and in the end mueller will say i can't accept this so we are going to subpoena you. the president will be able to say i wanted to testify. it was mueller who turned it down. >> does this go to the supreme court if they tried to issue a subpoena? >> probably so. hopefully we are not going to go there but i agree with what dershowitz had to say about this which is you can only get the president's testimony if he is the only person and it is the only way to get that testimony. i don't think the case has been shown for that. the area of focus so far has been obstruction of justice, which he has the right to do under article 2 of the constitution and what did he know about this nothing burger meeting in trump tower and they already got testimony on that so if they can't show a compelling need they can't run a subpoena battle and the conditions being put on this are p

ben, when that is so grave and so serious, why does someone like alan dershowitz argue that is not as big after threat as what is happening at the sdny? >> first of all, i think dershowitz is wildly everystating the point -- overstating the point, and it is not the case that the southern district of new york can do everything that the mueller investigation is doing or that there is, you know, this is not an either/or proposition. in fact, the cohen investigation was referred by mueller to the southern district, right? so there is some degree of interplay between the investigations. but there are aspects of the southern district investigation that are different and more protected than the mueller investigation. so mueller can, under the regs, be removed by rod rosenstein if rosenstein were to conclude that he committed some significant misconduct. you can't remove the southern district of new york, right? and so this is, you know, a problem that develops in that context, is one that you are not going to be able to fire your way out of, and it's really not clear what the mechanism for s

listen to alan dershowitz on "fox and friends" this morning talking about the mueller investigation anddent trump and the separate michael cohen investigation by the southern district of new york. watch. >> his presidency and his businesses are in the southern district of new york. not with mueller. remember, the mueller investigation all involves issues that have constitutional defenses. the problem is with the southern district, there's no constitutional defenses. these are business investigations. of course, the president can't be indicted. his businesses can be indicted. >> dana: so we're talking about taking things outside the courtroom and the public of opinion. we're talking about these on tv. they're of interest. i wonder what you think about alan dershowitz's concern for the president saying the mueller investigation, not as big a deal or worrisome out of the southern district of new york. would you agree? how would you explain that? >> alan is the master of inside and outside the courtroom. i don't want to disagree with him. i agree with him. the real threat to trump now is co

alan dershowitz, thank you very much.s great to see you. >> bill: two players ejected during a game between the giants and dodgers. puig fouls off a foul ball in the seventh inning. gets into a spat with the catcher for san francisco huntley. and then this happens. oh oh. >> puig and huntley coming together. he is shoved. the bench is cleared. >> bill: on it went. bringing out most of the players from the dugout. benches clear. the national league west division is the most competitive in baseball. four teams including these two teams dodgers and giants within five games of first place. there you have it. doesn't look like a lot of damage was done. >> julie: are we watching hockey or baseball? i'm sorry, that's an awful example for baseball fans and boys who want to grow up like that. bad example. >> bill: no one was injured. >> julie: terrible sportsmanship. i can't stand when players get so physical. when we look at the midwest primary several candidates are trying to win by distancing themselves from house minority lead

. >> sandra: let's bring in alan dershowitz. good morning to you. could you first respond to some of the color we're getting out of that courtroom now hearing for the first time one of the jurors? >> it's not surprising. one juror can sometimes refuse to go along with the other jurors and that's the right of the jurist. they have a reasonable doubt, they shouldn't change their mind. the only legal implication this has is if hypothetically manafort would appeal his convictions and win and then there were to be a retrial, the government would prob life decide to retry all the counts because they know they had 11-1 in favor of conviction even on the counts that ended up being dismissed. that's the only real legal implication. otherwise it's just interesting color. >> sandra: we're hearing a lot from the president this morning via the exclusive interview with ainsley on "fox & friends" this morning. the key question is and if i could ask it simply to you, did president trump do anything wrong when he gave cohen money out of his own pocket to make those

alan dershowitz has a harsher view of all this.d julie two hours ago. >> he should have recused himself. once he sent those messages that didn't only say i don't like trump but i'm going to stop him, we need an insurance policy, that created at least the impression of bias. he is a professional and his failure to recuse himself i think is what led to his firing. >> bill: when you look at law, right, tom, and trying to sniff out a whiff of bias or improper attitude or language, have they all crossed the line based on what we have learned so far? >> well, in my judgment those texts absolutely crossed the line. i mean, when you have active f.b.i. agents texting back and forth saying we'll stop this man from becoming president. i think in my view at least that's highly inappropriate. people obviously can have their own political views internally but when you start texting with your colleagues on f.b.i. phones expressing this view, in my view that's not just crossing the line it is well over the line. >> bill: peter strzok, andrew mccab

harvard law school professor alan dershowitz and fox news contributor andy mccarthy.re, professor, i watched you both last week and it was great hysteria as the manafort verdict came in. a great speculation. lanny davis has backed off a lot of his comments, which is pretty fascinating. and professor, you kept saying this isn't even jaywalking as it relates to the president. can you explain to america's dumb pundit lawyer class why you are right and they are so wrong? >> first, i completely understand why people are so anxious to try to find crimes against trump, but you just can't make it up. you have to look at the rule of law and if you look at the statute, the statute says that a candidate can contribute any amount of money once into his own campaign and president trump has said the money came from him personally. also, there's an obligation to report -- the reporting obligation is on the treasurer of the campaign, not the candidate himself. so unless new evidence develops i see no indication of any criminal violation of any of the campaign finance statutes. if the

alan dershowitz said compose, right? they make up lies. i've seen it many times. they make up things and go from ten years to they're a national hero. they have a statue erected in their honormenthonorment. it's not a fair thing. >> so the crime is not the crime, but flipping is the crime. >> should be the crime. >> president trump was directly asked if he ordered michael cohen to make the hush money payments. listen to his non-answer. >> to make these payments did you direct him to make the payments? >> he made the deals and by the way he pled to two count which is aren't a crime. i watched a number of two shows, those accounts aren't even a crime. they weren't campaign finance. >> all right, we'll discuss that. the president also went after his embattled attorney general jeff sessions again for not stopping the prosecution of paul manafort and michael cohen and when asked to grade his own presidency, the president said a plus. joining us now, we have cnn chief legal analyst jeffrey toobin. >> i am an a plus. >> that's for sure. and senior white house corresponde

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the three of them are all worth a great read.t alan dershowitz. good to see you both.n with you, andy mccarthy, on your piece. if the lawyer gives them 30 hours, the white house counsel, the president goes in. remember, george papadopoulos, h lieutenant general flynn lying and the fbi didn't think that flynn was lying. papadopoulos is basically a nonplayer kid in all of this. why would the president think anything but a perjury trap awaits him? >> i think that that is obviously what the problem is for him here. we have a history of this investigation where one person remembers something one way, somebody else remembers it a different way. the same thing happened with general flynn. first they decide he'she telling the truth. then they decide that he's not. 30 hours of conversation about what the president was saying and what he was thinking in connection with the very actions that mueller is looking into. if the president were to go in and submit to an interview, if he remembers anything differently from the way that his attorney remembers it, the white house counsel,

mark penn is invited next year.n i'm watching the developments today, and i think alan dershowitz iswants to do it. he is following taxicab medallions, loan applications, we've got fisa quartzes literally lied to with russian propaganda, the american people, russian lies perpetrated in this last election cycle, no interest in any of this. can you believe we learned that bruce ohr was never called before mueller? mueller is not serious about russia collusion. joe digenova? >> what we know is that bruce ohr, we just learned, was not interviewed by mr. uber in utah. he allegedly is investigating all of the fisa abuse on the unmasking. sean, if mr. mueller wants to subpoena the president, he can try but he is going to lose and the reason is simple. for special counsel has already interviewed the president's lawyer, mr. mcgann come for 30 0 hours, anything that he learnedt from him, that is the president's knowledge. the president, therefore, under the law, is not readily available, under no obligation to testify, and if mr. mueller pursues the subpoena, he will lose it in the supreme cou