i think the summer zervos case is significant.t is why he is fighting it and that is why there have been efforts to delay it. it is like a slow moving train and i don't think he likes where it's going. donald trump's own words may also be used against him in court. i did try and bleep. she was married. like this infamous tape. after the tape came out, donald trump apologised for his language. i have never said i'm a perfect person. i have said and done things i rethe words released on this video are one of them. after the tape came out, donald trump apologised for his language. i have never said i'm a perfect person. i have said and done things i rethe words released on this video are one of them. anyone who knows me knows these words don't reflect who i am. panorama has spoken to women who say that's exactly how he is. it was mr trump's denials that made them come forward. there is a gentleman at the window, introduced himself as donald trump. jessica leeds says she was assaulted on a plane in the late 70s. suddenly this man star

they can be subject to civil depositions. >> that's why he says you need legislation. >> summer zervosng him civilly should be able to proceed. this question of impeachment versus indictment is at the heart of the matter. he has not repudiated the possibility of impeaching a president for lying to the public. during the clinton impeachment proceedings, he really was the attack dog on ken starr's team. he wrote that report. he was the one who supported the notion of lying to the public is an impeachable offense, that lying about an extramarital affair in a deposition is an impeachable go ahead, dana. >> i think the idea he put forward to the american public then, that lying is an impeachable offense, it's hard to imagine that's not something drilled down on by democrat after democrat at these hearings. obviously before we get to all of this, we have to see the vote. the confirmation hearings and the vote. one thing i wanted to throw in here is there's been a lot of discussion about the reality of the razor-thin majority that the republicans have in the senate. they basically have one vo

, i might add, to this question of mueller, but it also might apply to civil lawsuits like summer zervos, who is suing the president. this has implications for him. you can be sure that it's going to be really central to democratic questioning of kavanaugh when he appears before congress. >> and to your point on recusal, it is true that three justices on the court were appointed by nixon and ultimately ruled in that case, but none of them were -- none was appointed during the time of the litigation. >> that's true. >> so this is where i say there's an appearance issue. this is during active litigation where the person who may be the subject of the decision is appointing you. that creates an appearance to me that i think kavanaugh has to be very sensitive to. >> this is kavanaugh 2009 from the minnesota law review. provide sitting presidents with a temporary deferral of civil suits, of prosecutions, and investigations. dana, weigh in. how much of a factor was this, do you believe? >> i mean, we won't know until we hear from the president himself or we have a chance to do some reporting on

mueller investigation, but also for any liability that may attend to the trump foundation, or the zervos lawsuit, or the emolument cases that have been brought over the last year and a half. >> we know this president is already nose deep in legal matters before he even became president and was settling with millions of dollars beforehand. now he has a lot of legal trouble. the challenges that this president could have caused for himself, now he has that insurance policy. he has this get out of jail free card. and sifting through 20-plus names, as well as all the others he could have considered, he picked the one, it's not just that he said a president couldn't be indicted or held accountable for his actions. he goes as far as to say even an investigation. even being in the midst of a larger investigation. this could distract a president from other urgent work. you're right, rachel. it's a choice piece of irony that this is a person that is very much a political actor before he was a jurist, that was a part of the starr investigation himself. i am deeply troubled. before you get to the is

mueller investigation, but also for any liability that may attend to the trump foundation, or the zervos lawsuit, or the emolument cases that have been brought over the last year and a half. >> we know this president is already nose deep in legal matters before he even became president and was settling with millions of dollars beforehand. now he has a lot of legal trouble. the challenges that this president could have caused for himself, now he has that insurance policy. he has this get out of jail free card. and sifting through 20-plus names, as well as all the others he could have considered, he picked the one, it's not just that he said a president couldn't be indicted or held accountable for his actions. he goes as far as to say even an investigation. even being in the midst of a larger investigation. this could distract a president from other urgent work. you're right, rachel. it's a choice piece of irony that this is a person that is very much a political actor before he was a jurist, that was a part of the starr investigation himself. i am deeply troubled. before you get to the is

he is currently being sued by one of his accusers here in new york court, summerer zervos on the apprentice harassment from him. it's a case that's moving forward. the judge has allowed it to move forward. it has the potential to continue to basically keep this issue of the sexual misconduct allegations against him very much alive. and we've also -- he's also dealing with the ongoing issues of stormy daniels and karen mcdougal. it's interesting this is a live issue for trump. it's not just in his past. and he's bringing in somebody who has been known to help basically powerful men cover up and deal with these allegations. >> yeah. i mean, and i think -- i think megan's right in terms of it being not only symbolic, but it's a signal too. it is, again, the point you made earlier about trump is more interested in the show than he is in any real agenda. all right? he has a couple points he's hit in terms of immigration and whatnot. but beyond that, i think really being able to lay claim to certain wins is more important than actually getting them. i mean, i think that even when you look at what

and a smaller case, summer zervos, who is suing him. is fighting and still with a relatively small bare bones legal team. that's going to be a major issue going forward. >> john, final thought this morning as we wrap up. >> i'm thinking that 30-minute lunch is talking about are not going to work for you and me. >> you don't think so? >> stretch it out a little bit. i need a court that moves with a little less dispatch. >> stretch it out. >> you're positioning for some of your legal troubles, aren't you? g guys, thank you all for being here this morning. that'll do it for us. stephanie ruhle picks up our coverage. >> good morning, everyone. i'm stephanie ruhle with a lot to cover today, starting with a secret recording revealed. for the first time, we're hearing audio of then-candidate donald trump and his fixer michael cohen apparently discussing a payment involving an ex-playboy play mate right before the 2016 election. you're going to hear the whole thing and how the president responded this morning. >>> while republicans are raging a