why didn't they subpoena mcgann?d for impeachment, you decided you were going to get the president for obstruction of congress for using his constitutional protections of executive privilege. you guys missed the boat and giving the president every opportunity to defend himself. >> he decided not to. you know that. >> leland: reasonable people can agree or disagree but the facts remain the same at the house committees chose not to litigate in the court subpoenas for mcgann or for mick mulvaney or even for john bolton. that was a political decision on democrats part, was it not? >> it absolutely was, the processor problem was that the timing it takes. >> leland: i appreciate the candor, it was a political decision. so you've already impeached him in the house, why come back again and say now that we've set impeachment up but we are not truly like how things are going to go on the senate, never going to to try to impeach him again? >> i don't categorize this as a plan b, this is a separate effort by the judiciary commit

don mcgann, by the way, the court decision is that he has to show up. so i will pull out a pundit out of business for the next week. to stop it. he does not have to testify. privilege can still exist. not to mention that he does not have to give up his fifth amendment rights. this is all just narrative spin and keep control of it. >> julie: lisa, the first article abuse of power for pressuring ukraine. the second article charging him with obstruction of justice. the third would charge trump with abuse of power and obstruction of congress. how is this different than the first two articles? what does this say about democrats looking to find more, because perhaps they don't have enough? >> lisa: jonathan turley made this point when democrats did that really boring hearing with the constitutional law attorneys, and what jonathan turley was saying is if you go after president trump for asserting his executive privilege, it is your abuse of power. this is what presidents do. they use the courts to fight subpoenas. this is what president obama did. this is wha

as you point out, it's beyond don mcgann, right.alking about other people like john bolton who the president says he is protected by absolute immunity. so i think there's a big question that the supreme court will get to hear from the witnesses and whether they get to say, forget about congress. >> so much riding on that as we wait and watch. evan perez, thank you. >>> oregon democrat says the house should take its time before transmitting these to the senate saying at minimum there should be agreement on rules of the game and access to witnesses. congressman, good to have you with us tonight. >> thank you. >> sir, give us a sense. the notion here that the house, as i was just talking about with evan based on the filings, could recommend new articles of impeachment. how real a possibility is that? >> we are, as we keep saying, in unchartered waters with this president, his reckless behavior, his denial of the norms that everybody else has adhered to, challenges to the court. we don't actually know what he's going to do next. the fac

the justice department argued mcgann should not have to testify citing executive privilege. set for early january. the fight over what comes next in the impeachment trial continues, democrats say they will also continue to pressure mitch mcconnell to allow witnesses to testify in the looming senate trial. >> it's called a speedy and fair trial. that is just what we want. it is hard to imagine a trial not having documents and witnesses. if it doesn't have documents and witnesses it is going to seem to most of the american people that it is a sham trial, a show trial not to get it the fact. >> reporter: mitch mcconnell has argued it is up to the house, not the senate to investigate and this is a political process. he is blasting nancy pelosi over her decision to delay sending impeachment articles to the president. mcconnell said on monday on fox that he has not ruled out allowing other witnesses to be called but a final decision has yet to be reached. it is unlikely we will see a final decision reached until january. >> list you thought it was all santa and jillian: this chris

, the white house refused to let don mcgann testify.s testimony produces new evidence supporting the conclusion that donald trump committed impeachable offenses that are not covered by articles approved by the house the committee will proceed accordingly. the justice department argues mcgann should not have to testify citing executive privilege and the court date for this is set for early january. the fight for what is next continues. democrats promised to continue pressuring majority leader mitch mcconnell to allow witnesses to testify in the senate impeachment trial. >> it is called speedy and fair trial. that is just with we once. hard to imagine a trial not having document and witnesses. of it doesn't have documents and witnesses it will seem to most of the american people that it is a sham trial, a show trial not to get at the facts. >> reporter: mitch mcconnell argues it was up to the house, not the senate to investigate and for him this is a political process, blasting nancy pelosi over her decision to delay sending impeachment a

the possibility came up other whether or not don mcgann can be compelled to testify. the drgsoj said the last impeachment was moot, and then they said if they're supporting the conclusion that president trump committed impeachable offenses they will proceed accordingly. considering whether or not to add new offers for impeachment. let's break this down a little bit and get the sense are they serious about another wave of articles of impeachment if in fact don mcgann is compelled to testify. >> i can't speak to whether or not their serious or not, is it likely or not? highly unlikely, right? very extremely unlikely there will be more impeachment proceedings brought forward. this is a legal maneuver. they're trying to make the case for don mcgann, that the impeachment trial rendered this whole thing. will it really relate in the house judiciary committee about the president related to the obstruction of justice? i think any observer has to look at that and say not. so i don't want to say, but it is worth noting that this filing happened and this this is the argument, th

does the senate trial bring in mueller and mcgann, does the scope widen in any way? >> possibly we need to see how the articles are actually written. on my point earlier -- >> what does that mean? >> imagine in a federal criminal trial you have an indictment and articles of impeachment are an indictment, and it would list the thing that we think you did, and then it would describe how you did, or how we allege you did whatever crime you're charged with. the devil is in those details, it is not enough to say that the president obstructed congress or abused his power. they need to detail how they did those things and they need to prove what they detailed. we have to read the articles of impeachment, precisely what the house is alleged that the president did in all of it's detail, and at the senate trial i mag the hou-- imagine they wi keep their allegations. that's how you prove a case in court and that's how they will prove their case in the united states. >> which is the stronger article here? >> well, you could have rolled all of this into one article or abuse of po

don mcgann has not testified.e indicated he wanted to but he sort of complied with president trump's with wishes that he didn't testify. if he does testify and we get information that looks bad for the president, there's nothing in the constitution that would stop the house from bringing additional articles. we may be tired of the investigations but he should be brought to justice, the president that is, if moore comes out to make the obstruction of justice case stronger. >> mike: are beltway democrats other than kevin out of touch if they think the american people want more impeachment? >> i would just say that. they have to focus on their message to the holiday people. what type of uplifting positive message will they deliver? and impeachment of donald trump started in 2016 and since then, there have been -- unemployment has been as low as it's ever been. that will continue to drive progress forward and try to drive us further and further. >> you talk about other things other than impeachment. your thoughts on t

the mcgann case. we are all aware of it.n april 22, this committee served a subpoena for testimony to white house counsel don mcgahn. after don mcgahn refused to testify on may 21, the committee filed a lawsuit on august the seventh. even though we did request expedited rulings, it was another -- it was another three and a half months before judge jackson found to the constitution does not allow the president to kneecap investigations because, as the judge wrote, "presidents are not kings." as you know, mcgann has appealed, and a hearing is set for january the third of next year. as we sit here, eight months before we issued the subpoena, would you agree it is likely will not -- we will not have an appeals court ruling for several months? >> and then there may be the supreme court. >> exactly. mcgann may appeal to the supreme court. conceivably, that could take a year or more? >> it depends on whether it is this term or gets pushed over. >> given this, illustrated by the began example specifically, would you agree that if we

and president trump is probably but it they are afraid of the truth. >> as for the fight over don mcgann'sestimony, they are scheduled to hear oral arguments last week in the case could have a significant impact on both the current impeachment proceedings and potential future ones. >> garrett tenney, thank you. good to have you here. >> house democrats did not exactly allow very many republican witnesses. all of a sudden in the child they want a lot of witnesses. >> this whole impeachment was lou goldberg operation, and nothing was according to process. if they wanted this testimony they should have pushed it in the court. also the second article about abuse of congress for the president protecting his businesses, that's abuse in itself. >> now may be the president will lose, that would be an interesting case but they didn't think this testimony was so important a few weeks ago. a few weeks ago we were told we needed to get it done quickly. now we are told we can impeach him when he's reelected. >> ed: on that point, not even in the ukraine but going backwards to robert mueller and russia,

>> there are two important hearings, get january 3rd, two court cases, one involving pushing don mcgannn the subpoena issue and the grand jury material, whether they should be released in any form or fashion from the mueller investigation. andy mccarthy says house democrats in such error to impeach the president before the 2020 election year begins the they won't weight for decisions about access to impeachment evidence they told the court they needed. >> the republicans were saying put this out in the open, put it out to the public and they did and they did it fast and we saw that again today. secondly they have also set and the president has said put it to a vote, put it to a vote. republicans, even the president, his administration, they want this to be fast and the democrats tried to deliver it fast -- >> they wanted a vote for an official start. >> absolutely but if they are going to do that then now people are saying what is the harry and what they have done timing wise is what they should have done. there was an investigation, nobody likes it, that was public and nobody likes tha

writing quote, mcgann says it's critical both to us in a trial and to the committee's ongoing impeachment investigations to determine whether additional presidential misconduct warrants further action by the committee. >> the white house but since it has executive revenge to poor mcgann from testifying in an appeals court arguments in the case next week. in washington, mark might minded, ktvu fox 2 news. >>> aaa is doing its part to keep the area roadways a safe this holiday season. starting at sisolak tonight, sloshing what's now called a holiday safe ride home. program used to be known as tipsy tell. riders i given it feet so. within 10 miles of the baker. the persons reviewed 6:00 tomorrow morning. >>> and the driver to be area can call the safe ride home phone number even if they're not a aaa member. the numbers here right on the screen. it's 855 two told to go. it's supposed to rain later today. after christmas. in those wet roads possibility of impaired drivers will be traveling more dangerous. the chp is maximum enforcement period starts at six tonight and was a through christmas d

the house judiciary committee are floating more articles of impeachment, in a court battle for don mcgann's testimony, they say it is essential and could be useful in a senate trial. in washington. fox news. >>> u.s. military and intelligence agencies are on high alert, closely watching north korea for signs of a nuclear test or missile launch. following vague threats that a major launch or test would mean the end of north korea's self- imposed moratorium on major displays of military power. a major setback for the trump administration, which is been trying to get north korea to eliminate their nuclear weapons and skill back there missile program.>>> the clouds are getting closer, today was a beautiful day front to back, sunshine most of the day, mid and low 50s. the clouds are moving in tomorrow, it will be cloudy starting early morning, the clouds will increase all day as the system rolls in. it is a super elongated front, it has spread out, the power has weekend, rainfall accumulations are expected to be an inch, oakland, fremont, half an inch in san francisco. maybe three quarters of an

the reality was, he kept saying he want one but he couldn't go against mcgann because don mcgann wasey to keeping the support behind him to get him to the court. so, i don't know. >> ten to leak in washington and since the hearings, there hasn't been much we could that reinforced christine said. >> hasn't been an investigation either. i spent most of my time trying to figure out who brett kavanaugh was. what to understand about his biography that can help us understand what kind of justice he was. how he was chosen in one of the most interesting aspects of the whole process was the anxiety that social conservatives had about judge kavanaugh and whether he would be inserted enough. what happened behind the scenes as his confirmation proceeded and after her allegations came forward, i did try them and certainly others have tried to do more reporting but i would say fbi badge might be more persuasive. next time. >> congratulations. >> thanks. >> anybody else? hi, owen. >> thank you very much for your book. in the introduction, he said it's a tough and fair evaluation of kavanaugh. would

thank god don mcgann didn't fall into one. this is even more outrages. give us what we demand or we are going to throw you out of offi office. there is another thing that could've been done besides going to court, could have passed a bill requiring the president to do certain things didn't turn over certain things and gotten the senate to agree, the president vetoes it, you override the veto, which is kind of what happened to andrew johnson, then you could really have a legitimate obstruction of congress, not just obstruction of a majority in one half of the congress. that wasn't done either. even if that had been done, the president or the congress would've gone the supreme court to get the courts to save this was a lawful act. in the case of congress and andrew johnson. either way you've got it end up at court at some point before it can be an obstruction of congress. the majority was in a hurry and when the majority, this majority is in a hurry, then justice is undone and so is our future. i yelled back. speak of gentleman yields back. >> as i underst

scantily clad girls took to the stage here today things are as racy says mcgann a dancer at the moulin rouge. the 22 year old joined the chorus line at the world famous cabaret 6 months ago. i feel mcniff isn't in this costume you can like a little prince and it's. time for the final touches everything must look just right because the costumes are a lot of brit an important part of the show. the current one is called fieri and mcgaugh knows every step by heart. the mother also danced in the chorus line. twice a day it's show time. close to 100 dancers sport a 1000 costumes but best talk was to a long standing tradition at the movie honors it's normal from a gun. and it is a show for the entire family so there's nothing to send sewell about it so the children from the age of 6 can come and see the show it's very glamorous and please everyone. was proving to me it's unique this is a show like no other. than the land of heroes. i work for fun maybe you take a look at the summer before women. in the late 1900 century it was mainly the women skimpy costumes that caused the social revolution

mcgann to create a false written record denying that the president had ordered him to have mr. mueller remove. >> that is correct. >> you also point to the meeting of the president with his former campaign manager corey lewandowski, in order to get him to take steps to have the investigation curtailed, right? >> yes, sir, i did. >> and you also point to part in dangling and witness and tingling as the michael cohen former official and former lawyer of the president. >> individually and collectively these are forms of obstruction of justice. >> is that obstruction of justice? >> it is quite serious, and that is not all, of course. we know as you have mentioned before, obstruction of justice as we recognize an impeachable offense in president clinton and president nixon. the evidence put forward by mr. mueller that is in the public record is very strong evidence of obstruction of justice. >> professor karlan, when you look at the department of justice russian investigation and how the president responded to that, and when you look at congress, ukraine investigation and how the pr

him as the 1st major politician to announce his candidacy for next year's vote that could pretty mcgann's the president what are. fireworks and flares have been set off inside one of parities main railway stations during protests against pension reforms strikers confronted riot police at the garda leone with smoke filling some of the main concourse the 2 week long nationwide walkout has crippled railway services and for schools to close workers are angry the president emanuel micron's planned reforms to public sector pensions which would force people to work up until the age of 64. iran says it's begun a series of new operations at a heavy water nuclear reactor plant the move could take the country closer towards producing weapons grade levels of plutonium but it does not breach the 2050 nuclear deal with world powers washington withdrew from the landmark accord last year the imposing sanctions on tehran that prompted iran to scale back its commitments to the deal. heavy pollution has forced iran's government to extend school closures in the capital tehran is covered in i think blanket of

move with speed and try to wrap it up, see if they can get testimony from don mcgann. they still have information that they could be getting. but the risk they run is they don't want this looking to draw on too long. you get a sense of voter fatigue. from the beginning they have been trying to set out some speed and wrap this up quickly, but right now there is a deadline of christmas which is artifical, and they're considering whether or not to push that out into maybe january and see what else they can get, but it is a real balancing game. if you look at this polls, it does show support for impea impeachment waning a little bit. >> i need the three of you to stick around, everybody at home to stick around, we're going to get to the president and the president of france, emanuel macron. joe biden just levelled his harsh criticism yet. we have a team of local reporters in iowa with what it is really like on the ground there, and it is not what you expect, and state's attorney general bill barr says he found a key finding with his own justice department's inspector gener

the judiciary committee looks into the mcgann testimony.ne given what the senate is saying it is going to do which is exonerate them, exonerate the president and mcconnell saying i am not an impartial jury and consulted with the white house. i'm not sure it would make the difference. ashley: you are not sure it would matter at all. the question is whether it makes the process drag on longer and you may be right, none of this may matter in the long run in terms of politics. we are talking something different by next year. impeachment may be a distant memory but if it drags on longer who does it hurt, who does it benefit? >> it hurts democrats the longer it goes. i'm hearing from people, nonpolitical people all around the country saying seems like a waste of time and money. it seems adam schiff opens, house intelligence committee open hearings, if this is an impeachable behavior what is? he seemed very sure and democrats seemed very sure. why haven't they sent them to the senate and why now are they looking at don mcgann's testimony, did they

they are urging former white house council don mcgann to testify in the upcoming senate trial saying his deposition could lead to more revelations about the president's behavior. the reading in part saying they needed envagss for the pressing legislative and oversight purposes. and this need has become more sir gent as this congress's time has elapsed saying if the testimony -- the idea that he committed impeepble offenses, the committee will proceed accordingly including by considering whether or not to add more articles of impeachment. welcome to both of you, happy crest mass eve to you. what do you make of this? is the house judiciary committee seriously considering this move? >> i think it is a bit of both, there is an idea that the president could have possibly committed more acts that would be worthy of impeachment due to the believe that he violated his oath of office. some of those cot be kiss covered without witnesses. they want people who know more about the president's actions and comments to speak before committees and so the idea is that with more truth, troubling for th

if you remember, it was a big issue in the mueller investigation and mcgann was one of the key witnesses on that question. so the courts so far have ruled that the president cannot do that. he cannot just give absolute immunity to his aids, they at least have to answer the subpoena, show up, and they can obviously, there's a question of what they're going to be able to testify to. but so far the courts have not been willing to let this stand, and the justice department is saying, look, the courts should stay out of this, this is a fight between congress and the white house. if this will court now wereto resolve the merits question in this case, it would appear to be weighing in on a contested issue. at any impeachment trial. that would be of questionable impropriety, whether or not it postdated any impeachment trial. the question now is for the house, they voted to impeach the president we're waiting on whether there is a trial, so doj is saying, stay out. >> i want to break down this now with dana bash. and also paul callan. >> thank you, jessica. >> the trump add ming station says the

house democrats said they still want to speak with the former height white house counsel don mcgann becausehey are still exploring the idea of possibly adding more impeachment articles on top of what the improved how mike approved last week. >> alicia: and democrats are picking up on senator murkowski's comments. >> they certainly are. she was saying that she was uncomfortable with what senate majority leader mitch mcconnell was saying, she was disturbed when she heard that majority leader was in total coordination with the white house on senate impeachment trial and now democrats are using murkowski's comments to pressure mcconnell. >> he tells mitch mcconnell and every senator that you have an extraordinary obligation now as the sole judge and juror of impeachment as we have sent them over to them and please get your act together, show us the rules of the road and the article will be coming to you in terms of timeline, that's beyond me. >> mcconnell calls impeachment a political charade, and congress isn't scheduled to return until january 7th. >> alicia: thanks rich. rich edson in florid

trump had done things like telling mcgann to fire mueller and the likes.s like it will be broader. >> shannon: let's talk about the horowitz report. there was clearly a break between the attorney general and also the u.s. attorney john durham that he is appointed to look and more broadly with investigative powers. into the situation with the origins of the fbi investigation. he said the fbi launched an intrusive investigation of a u.s. campaign on the thinnest of suspicions. fbi officials misread the report, exculpatory facts from their finding and suppressed information gauging the reliability of the principal source. that is in the headline we got when this thing broke today. >> no, it isn't. because of the opening lines about, there was no demonstration of a political motivation. that's an important conclusion that michael horowitz reached. when you take the report as a whole, it's extraordinarily and troubling. a number of judgments have been called seriously and to question. one of the things that she disturb everyone is the lack of candor with the co

house democrats said today additional charges could ariseer if f judges order white house counsel don mcgannn to testify and get material from the russian investigation. the u.s. special forces soldier was killedn roadside bombing in afghanistan today. the green beret identified as 33-year-old sergeant first class michael j global. happened in a northern province and the taliban claimed responsibility. 20 u.s. soldllrs have been in action in afghanistan this year. in iraq, political leaders missed another deadline for iming a new prime minister the face of new, mass protests. thousands turne out sunday and ain today. they rejected any candidate belonging to ruling political in baghdad's central square, demonstrats wrote memories. they say no existing party represents them. >> we have entered a constitutional vacuum. consequently, there is no government. they want to appoint a prime minister, pay no heed to the people protesting against them. we do not want any of the political parties ninated. stephanie: at least 400 protesters have been killed since october, many at the hands s. government

it involves don mcgann and whether or not information in the mueller report can be turned over to congressin that lawsuit, the house general counsel said we need this information because we want to determine whether president trump lied to robert mueller. this lawyer, is my georgetown - - an extraordinary guy. he's a 35 year justice department veteran but a very careful lawyer. all his words are chosen with care. there must be something going on there. the judge last week ruled and said, the information has got tobe turned over to congress . there's been a valid subpoena in the context of impeachment. trump fault on an emergency basis to stay that, to prevent the subpoena. she rejected it in the strongest line which i think i've ever seen. against the justice department. it just makes fun almost. calls it disingenuous, trumps position. that will go in a rocket docket to the dc circuit. the second highest court and ultimately to the supreme court. but i think trumps arguments are weak and i don't expect the supreme court to hear this case. so i think that sabine is going to stand. when that

if mcgann's testimony produces new evidence supporting the conclusion that president trump committed impeachable offenses that are not covered by the articles approved by the house, the committee will proceed accordingly, including, by considering whether to replace the president. they are not investigating whether this goes to their favor. they're hearing don mcgahn's testimony in the heat of the campaign and their problems may not be done here. >> one goes back to the mueller probe, the other goes to ukraine, but they both go to the question of obstruction. the kind of circular reasoning here has been the white house saying on the impeachment case -- well, actually, on the mueller case, too -- if you don't like our stance, take it to court. and this proves why that probably wouldn't have worked if democrats had pursued that route, because guess what, you take it to court and the white house says the court shouldn't be considering this, or if the courts are going to consider it, consider it later, don't consider it during impeachment, that's not fair. it's important for the public t

the enforcement against don mcgann, has gotten as far as the d.c. circuit. are pending further backwards into the judicial system. but what i would like to ask my friends on the majority side, okay. say we are done with this impeachment inquiry next week. the house passes both articles of impeachment and goes to the senate for trial. does that mean that the whole nexus that means the whole subpoena is gone, are you going to go to court and say it's gone, are you going to dismiss those actions to support enforcement of the subpoenas? if you are following the argument that i just heard, you have to do it. but i doubt it, i yelled back. >> gentleman yields back. i recognize myself for 5 minut 5 minutes. the actions of the white house of the president in this case are different in kind from all previous actions of executives of presidents. it is not a question of asserting privilege or is it a question of adjudicating rights even in court. rather, the council wrote, given that your inquiry lacks any legitimate constitutional foundation, the executive branch cann

filing monday amidst legal battle over whether the democrats can force former white house counsel don mcganno testify. he was special counsel robert .ueller's central witness the house has already impeached trump for abuse of power and obstruction of congress related to trump's effort to pressure ukraine to investigate his political rival joe biden. this is not the first time democratic lawmakers have raised the prospect of additional articles of impeachment. among them, democratic texas commerce number al green, who in 2017, was the first congress member to call for president trump's impeachment from the floor of the house. this is congressmember green speaking on democracy now! just after trump's impeachment. >> we have brought these articles of impeachment dealing with the bigotry, hatred, the homophobia, islamophobia, anti-semitism -- we brought three articleles of impeachment addresessing these things, understanding, of course, the house of representatives went so far as to condemn the president for his racist comments. but that wasn't enough. was at best impeachment-light. if andrew jo

the lawyers say they want to hear from don mcgann. writing in a court filing that if his testimony produces new evidence supporting the conclusion the president trump come included with impeachable offenses, the committee will proceed accordingly. in the meantime the fight of what happened already passed by the house remains salt. >> a speedy and fair trial. that is what we want. democrats are pressuring mitch mcconnell to allow witnesses and documents be introduced in a senate trial. >> the president wants to have a big trial and a fair trial? and why are they working so hard to prevent the key witnesses from testifying the senate trial? >> he said it was up to the house to investigate and not the senate. and that his hands remained tied until nancy pelosi sent the case to the senate. >> an absurd position. saying that you can't send these papers over mandated by the constitution. >> mcconnell says he is not ruling out allowing some witnesses to testify. but he is not saying which ones he will be considering and nor will he commit th

it has taken us eight months to get a lower court ruling that don mcgann has no absolute right to defy congress. eight months. for one court decision. if it takes us another eight months to get a second court or maybe a supreme court decision, people need to understand that is not the end of the process. it to us, and we ask s answers and we have to go back the argu just wait amounts to this. why don't you just let him cheat and one more election? why not let him cheat just one more time? why not let him have foreign help just one more time. that is what that argument amounts to. the presidents misconduct goes to the heart of whether we can conduct a free and fair election in 2020. it is better for candidate for -- to invite a candidate into foreign conflict, but it is even bigger for a president to do so. it does it continues unapologetically and right now. as we was asked "what did you want and that call?" it was a simple one. he still wants ukraine to interfere in our lection to help his campaign. even this week, the presidents lawyer was back in ukraine seeking to revive the same t

mario mcgann, president of the council of district merchants. long time san franciscan and small businessperson in san francisco for 25 years. i unfortunately don't know all of you and some of you may know me too well. i wanted to congratulate you on crossing a chasm of -- the last meeting or a couple of meeting ago was confrontational. if anyone who knows me, i always say dialogue is messy, but it is necessary. if you're asking questions and the other side is getting frustrated or animated, you're probably asking the right questions. i come here on behalf of our 33 organizations, and hundreds of small businesses on the commercial corridors that we represent, to please keep it up. do not be discouraged. yes, transition is tough and it can be hard to take, but please know that we have your backs, and we will support you. please keep advocating for us. we have long thought that we have been either dismissed or totally ignored at times, or at least that's the way we feel, and a lot of times, legislation does not have a pulse of how small business n

even the power to tell the senate what to do once they receive them so the time for them to call don mcgann or go to the courts to try to get the executive branch witnesses they wanted was during their impeachment inquiry which they were rushed. >> julie: it was over the mueller investigation. >> capri: the white house declined to be engaged in the house judiciary committee which they were able to do and they basically walked away. >> katie: that's an issue of separation of power. because they are separate branches of government, the executive branch has the ability to say no. they have the right -- >> capri: that also looks shady. the american people also see that, by invokin executive priv, why not just let everybody talk? >> griff: the entire impeachment inquiry didn't move the needle, we haven't seen that with the american people. do you think another article of impeachment will move the need needle? >> katie: senate democrats, i would not bank on them all being in lockstep with chuck schumer or nancy pelosi, joe manchin questioning the validity, doug jones saying may vote for acquittal

mcgann is being held kout bail. >>> in the east bay violence erupted during a sideshow in oakland. police tweet this had photo of a car being towed over the weekend. the department says a person was cited. about 100 people were at the sideshow. officers say someone in the crowd fired shots and then a police vehicle was damaged but luckily in all of this no one was hurt. >>> 5:05 this morning, developing news in the impeachment showdown. the final and full house vote on the two articles of impeachment against president trump is tomorrow. >> more on on on on >> reporter: this morning the house rules committee meeting for a marathon session to set the ground rules for this week's final full house vote on impeachment. this as many moderates face backlash from both sides as they announce how they plan to vote. congresswoman slotkin getting cheered and booed as she reveals she plans to vote yes. >> i will be voting less on on construction of congress. >> reporter: in new jersey congressman will impose impeachment and is planning to switch parties and become a republican causing most of h

before judge jackson and it involves don mcgann and whether or not information in the mueller report, particular rent during material can be turned over to congress. in the lawsuit, the house general counsel said we need this information because we want to determine whether trump lied to mueller. this lawyer is an extraordinary guy. i did train him. [laughter] no, but he's a 35 year justice. he's a very careful lawyer. chosen with care. there must be something going on there. the judge last week rolled inside the information has got to be turned over to congress, that there has been a valid subpoena in the context of impeachment. trump fought on an emergency basis to prevent a subpoena from coming about. she projected it in the strongest language i think i've ever seen. against the justice department. it causes disingenuous trump's position. so that is to the d.c. circuit and ultimately to the supreme court but i think the trump arguments here are. and i don't supreme expect the supreme court to hear the case. i think that subpoena will stand. the question is then, what does it do to

the lawyer say they still want to hear from former white house counsel don mcgann.writing in a court file that if his testimony produces new evidence supporting the conclusion the president trump committed impeachable offenses we will proceed accordingly. meanwhile the fight over what happens to those already passed by the the house remains stalled. >> a speedy and fair trial. that is what we want. >> democrats are pressuring mitch mcconnell to allow witnesses and documents to be introduced in a senate trial. >> at the president wants to have a big trial and a fair trial, then why are they working so hard to prevent these key witnesses from testifying in the senate trial? >> mcconnell said it was up to the house to investigate and not the senate. and that his hands remain thai until nancy pelosi since the case to the senate. >> it's an absurd position. you've impeach the president but now you want to send the papers over? it's a trial mandated by the constitution. >> they're not ruling out allowing other witnesses to testify but negotiations over how the trial will

attorneys for the house judiciary committee suggest potential testimony by don mcgann could bring new articles of impeachment into this. the senate and a stalemate as minority leader chuck schumer tries to shape the upcoming trial. >> rich westman's life with the very latest not far from facts or president trump is spending his holidays. high there rich. >> good afternoon julie and robin. the president is spending christmas here with his family in florida and it's the week after the house voted to impeach him. that's very fresh and with the president's been saying over the past week. democrats and republicans are still arguing over impeachment process and the senate. today we have heard from republican senator lisa makowski. she's from alaska and she said she was disturbed when she heard majority leader mitch mcconnell wasn't total coordination with the white house on a senate impeachment trial. mcconnell has called impeachment a political charade and here in florida the president is focused on the speaker who led the effort to impeach him. >> all i know is my poll numbers are the hig

that i don't think we don't know the implications yet but there is a case in dc that involves don mcgann whether or not information and the mueller report can be turned over to congress and in that lawsuit in fact the house general counsel said we need this information we want to determine if president trump lied to mueller i did train them. [laughter] but 35 year justice department veteran a very careful lawyer so there must be something going on there and the judge last week ruled and said the information is got to be turned over to congress there has been a subpoena in context of impeachment trump has an emergency stay she rejected it in the strongest language i have ever seen against the justice department it almost just makes fun it is almost disingenuous his position but that will go on a rocket docket to the dc circuit second highest court and then to the supreme court but the trump arguments i don't expect the supreme court to hear this case so i think that subpoena will stand so when that stands the question is then what does it do to the other witnesses that trump has gagged th

splunk question is why did the democrats not want to hear from don mcgann -- >> we did feel bad. >> julie: but as it pertains to the mueller investigation, but that third article of impeachment that they wait about which was to investigate the sum of mueller investigation, so now they are finally coming forward and saying that they want to go forward with a third article, which would charge the president with abuse of power and obstruction of congress, not obstruction of justice, but obstruction of congress, does this bolster the g.o.p. claimed that the dems are not going to give up until they oust trump? do i think it lends to the republicans in terms of their argument, they are making the case that this is for the democrats are about. whether that is accurate or not, that is the perception. and i think that the challenge is whether the impeachment rolls on and this is a framing debate of the country, as long as nancy pelosi is the face and the voice and impeachment is the vision. that is hard for whoever becomes the nominee. it makes a really hard for joe biden or pete buttigieg to real

and the issues that cupper man raised were slightly different than don mcgann. cupperman is a national security official. cupper man, you know, filed the lawsuit seeking guidance. cupper man wasn't asking the court to tell him not to come testify. to the contrary, he was seeking the court's guide answer to facilitate his cooperation. and ultimately the committee with drew the subpoena. >> yet -- >> which raises questions on whether the committee is interested in getting to the bottom of some of these issues. >> right. >> instead the intelligence committee has chosen to rely on ambassador sondland and his testimony. i think they rely 600 times in their -- >> i tell you what i did, i -- on this point, i -- yesterday, i opened the democrat report and i did a control-f. >> yes. >> and sondland's name shows up 611 times. and in fairness, it's going to be double counted because if it's in a sentence and then it's in a footnote, that's two, but in relative comparison to the other witnesses, sondland's relied on big time. >> yes. and i think dr. hill testified that she

constitutional asson that, for instance, things come out with regard to the tax returns or if don mcganns forced to testify or john bolton is forced to testify, those are all subjects that are in the courts right now. if things were to come forward in the spring, there is no reason you cannot bring further articles of impeachment. amy: congress member al green, maybe you can describe the scene of today. nancy pelosi has called all congress members to the floor at 9:00 a.m. do you foresee this, and are you being told to stop talking about this, impeachment after impeachment of the current president? >> impeachment should be used sparingly and it should be used judiciously. but it also is something that is a sosort of, please as it relats -- don mclean'n's asas it relato the president. it hangs there to let the president know there are boundaries and that if you exceed the boundaries come if you go beyond them, you cannot do it with impunity, cannot do it with h any degree of immunit. we a t there. as members of congress, we are the watts persons, if you will. we will not let you stray. i

been impeached because his own justice department made a filing last week in federal court in the mcgann case which said that case is now moot because he has been impeached. nobody -- i think nobody serious really believes this. >> and let me get your thoughts the role joint chief justice john roberts will play in this. he is expected to preside over the trial. there are sparks between president trump going after chief justice roberts on twitter over the past year or so. what do you expect him to play? does he have any actual power or influence, not on the outcome, but at least in the decorum and the process of how this plays out? >> oh, i think the chief justice has a massive role to play. so impeachments of the president have been governed by the same rules that have been around since andrew johnson in 1868. and they say that the chief justice is the one to decide over which witnesses will appear. and so mcconnell has been trying to signal that maybe he is going to try to break with those rules and try and do something totally different, something very unconstitutional. but, you know,

and as stephen mcgann said, just don't insist if someone says no.. perhaps, to something that may not suit you. for me, ithink... know is a full sentence, so if somebody... i have been the person that encourages other people to have those drinks. asi other people to have those drinks. as i mentioned on the podcast, all it would take was someone to say no to me and i would go out and buy a tray of drinks and take people with me, because my view was it is christmas, and to have fun you have to drink, that is howl christmas, and to have fun you have to drink, that is how i viewed it. whereas i think, notjust for people in recovery, like the tweet says, there can be a whole number of reasons people are turning down drinks. mental health reasons, medication. it increases domestic problems... so talk us through kind ofa problems... so talk us through kind of a scenario. so you are out, maybe somebody doesn't know your story, and there is that moment. who wants and there is that moment. who wants a drink? does that play out awkwardly sometimes, and how do