joining us now, former deputy assistant attorney general john yoo. john, it's good to see you. the house just voted 216-2027 to hold attorney general merrick garland in contempt the of congress for hiding information from congress. 207. the fallout of this, so congress wants the audio where special counsel robert hur said he would not prosecute biden over mishandling u.s. secrets because he's, quote, an elderly man with a poor if memory and memory problems. but, john, are republicans say attorney general merrick garland will not -- is defying a subpoena to turn that over what's your reaction to this breaking news right now? he's in contempt of congress. >> first, i think if this ever got to the courts, they would agree with congress. and the reason why is this: when the courts take these executive privilege claims, they balance the interest of protecting confidential discussions with the president against the need for congress to conduct an investigation. now, the problem with the white house's argument is that they already gave the transcripts of the interviews to congress. so

john yoo, you see this case in manhattan. how bad is it for our nation? our electoral system? how bad is it for the rule of law, for federalism, the whole kit and caboodle ver projects tk you for having me back. i am saddened at what this case is now done our political and constitutional system. it is hard to exact the harm it is going to do. not just to donald trump. he is important for the more orton' is what is a stooge or institution as you said our legal system our electoral system our system of federalism and systems of power for all future presidents. for all future citizens. first, we have never prosecuted former president before. this is not because of passive presidents hapastpresidents hadg bad it is because we thought it was the best thing for our separation of powers to leave presidents alone. the constitution concentrates so much responsibility and authority and the president. to take care they are faithfully executed. to protect the country from threats. we do not want our president to make the hardest decisions on behalf of the country sho

i totally agree completely with john yoo. president who is on fox and friends yesterday morning, that this is the matter of national importance and the supreme court should and could take this up from the trial court level. there is nothing prohibiting the supreme court from actually hearing an appeal now. of course,, trump's legal team would have to request that the court hears such an appeal. it is, of course, nothing we've ever seen before but nothing is restricting it's because the supreme court has absolute jurisdiction over matters of national importance and in this is not a matter of national importance, what is? this is the presumptive republican candidates now moving forward towards a possible sentencing when he is trying to campaign for a november election. >> neil: let's switch to hunter biden in that case. the more i think of what hunter is facing now possibly if he's guilty of these charges, 20 plus years in jail at unlikely grant you. but it does bring you back to that the below is almost signed, sealed and deli

john yoo, going to have you on.ing up, dramatic video shows the moment is really hostages are recovered in a daring rescue? it is a video you have not seen, even if he had, we will have a eric cole and go through this and give you an idea what is happening. later in the "the nightcap" i get that woman's olympics committed to -- decision to leave caitlin clark off of the 2024 rosters sparking national debate with many calling the move eight snob, and mist opportunity to grow the game. >> caitlin clark does not deserve a spot ahead of any of the players on this roster. okay? we're talking basketball! you know were not! no, we are not. 4000 in attendance, now 18,000. this girl's box office. >> trace: meantime others point out at the olympics is not a popularity contest and she is simply not qualified yet as other woman who made the team, we want to know what you think, should caitlin clark have made team usa, why, why not, lead as snow @tracegallagher, coming up snow @tracegallagher, coming up in the "the nightcap" neg

i think john yoo hit it right on the head. people forget because of the length of time.ever. people forget what the wikileaks exposed was real time american assets, intelligence assets in a field of war. while they were there. i can't imagine a more dangerous act of espionage than that. and, you know, i don't really understand or even hope to understand how people can make a martyr out of julian assange. i think it is -- if you have any interest in protecting the well-being of men, women, wearing the american flag on their shirt, in a field of war, have you got have a huge problem with this. >> bret: there is an argument about whether it was journalism and equating it to the "new york times" and the pentagon papers. but, the leaker, chelsea manning was actually pardoned by president obama. former vice president mike pence put out a post today, he endangered the lives of our troops. julian assange endangered the lives of our troops in a time of war and should have been prosecuted to the full extent of the law. the plea deal with julian assange miscarriage of justice and d

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john yoo, former justice. and still looking at this juror, mistrial? and too early to know where it goes, but i think of the fani willis situation in the atlanta case where that's now put that case off presumably off until after the election. stranger things have happened, what do you think? >> teflon don strikes again. of all the criminal investigations into donald trump, the manhattan case was obviously the most spurious and seemingly the most political. so, it kind of is beneficial to trump that of all the cases that could result in a conviction before the election, for it to be this manhattan one. it's very lucky of him and especially now it seems like there's a chance that this could be turned over, not just on appeal, but just on the basis of this facebook comment. look, what alvin bragg did was indeed unprecedented, right. no state prosecutor ever, in any state, in the history of the country has used federal election law as a predicate or direct crime to convict in a state court. and trump was unfortunately on the firing line of this, but do vot

co-directing this project to mark the 250th anniversary, the founding, along with our colleague john yoond myself. and he will introduce the first session and get us going. so, adam floor is yours. thank you, yuval. thanks, everybody, for joining us today. and thanks especiall to our speakers for this first conversation onmerce and the founding. now, about a decade after the american revolution began, john, as americans began to deliberate on a new constitution, commerce was, of course, a central theme. and interstate commerce was a significant. but, of course, at the beginning of it all, the declaration of independence itself and the debates leading up to it. commerce was a significant part of the conversation. the reasonsrhetoric around the n revolution in the first panel, we're so lucky to be joined by three speakers will explore a different try to ask a few questions. connecting commerc■re in the founding era to to politics, to the markets, and to statesmanship. i suppose somebody has to point out the irony of today's conversation happening on tax day. but of course, for the new engl

legal scholar john yoo says there's only one way to stope the political prosecutions. >> prosecutecalocrats, quotl only retaliation in kind canessy produce the deterrence necessary to enforce a political version of mutually assured destructioonn withouttht the threat of prosecution of their own leaders. democrats will continueture to charge future republican presidents without restrain ut restrt. >> john hughes, the former deputy assistantjohnwhat attorney general. >> john. tha l what wouldik that look like? prosecuting democrats, be specifi bec. ific >> oh, thanks, jesse, for. having me on. >> and i got to say, that was a great article you were just reading from. t readink you.hter ] i know who wrote such great. what a wonderful scholar. l now, this is what it would loook like. you'd have to have republican days indict hunter biden or indict joe biden just in thehe way that blue state daystrump. have been indicting. right. president trum p. and would it be for federal crimes? it would be for things like corruptiond, for fraud, fore tht bribery, because that's the only waythe on i thi

we've heard steve bannon, stephen miller, even john yoo, a former department of justice official, theamous "torture memo," someone on the extreme right, but one of the things he has written is that it is necessary to go after political rivals, to go after people in the democratic party, and the purpose of that is to delegitimize the prosecution of donald trump. one of the things he has written is, we can't let this conviction of donald trump stand in history. and so what we need to do is to charge and prosecute other prominent democrats, so that people will understand, this is just one more political weapon. and the danger there, of course, is that when people believe that criminal prosecution is simply a political weapon, it delelegitimatizes the criminal justice system altogether. that means people are less likely to obey the rule of law. and it also encourages people to take the law into their own hands in the form of vigilante violence. >> it's so interesting, jeffrey. if there are those who think that this is paranoia or, no, he wouldn't go that far. that's crazy. that's not for