THE RACHEL MADDOW SHOW :McGahn is White House lawyer, not Trump lawyer, Trump should know


YORK TIMES," THANK YOU THIS REPORTING HAS TWO THROUGH LINES

WHAT WE'RE LEARNING ABOUT THE PROBE ITSELF AND THIS LIKELIHOOD THAT DON McGAHN WILL CONTINUE TO PROVIDE INFORMATION THAT'S ADVERSE TO HIS BOSS, DONALD TRUMP FOR MORE ON THAT WRINKLE IN THIS STORY I TURN TO A FORMER PROSECUTOR FROM ALABAMA >> THANK FOR HAVING ME >> WHEN WE KNOW THAT DON McGAHN HAS TO PLAY MORE THAN ONE ROLE, HE HAS THE DUTY TO THE COMMANDER IN CHIEF AND GIVE HIM ADVICE IN HAD THAT ROLE, BUT ALSO HAS A LEGAL DUTY WHAT DO YOU SEE IN THIS STORY DON McGAHN IS LIKELY TO PROVIDE TO MUELLER? >> IN RESPONSE TO QUESTIONS THAT ARE POSED TO HIM, HE MUST BE TRUTHFUL, LIKE ANYONE ELSE, HE TESTIFIES IN FRONT OF A GRAND JURY

BUT THAT PROHIBITION AGAINST NOT BEING FULLY TRUTHFUL MEANS A LITTLE BIT MORE TO LAWYER WHOSE ARE OFFICERS OF THE COURT SO McGAHN OBVIOUSLY HAS A LOT OF INSIGHT INTO HIS CONVERSATIONS WITH THE PRESIDENT, AND AS WE'VE LEARNED TONIGHT FROM THIS STORY, THE PRESIDENT IS PRONE TO TALK TO WITNESSES SOMETHING HIS LAWYERS HAVE UNDOUBTEDLY ADVISED HIM AGAINST DOING WHERE THIS COULD BECOME A CRIME, THERE'S A NARROW SPECIES OF OBSTRUCTION, WITNESS TAMPERING, IT HAS ITS OWN STATUTE 18 U

S CODE 1512 AND IT MAKES IT AMONG OTHER THINGS ILLEGAL FOR SOMEONE TO TRY TO CORRUPTLY PERSUADE, TO INTENTIONALLY INFLUENCE A WITNESS, TO GIVE FALSE TESTIMONY IN A COURT PROCEEDING SO WE'RE NOT QUITE THERE ON THIS STORY WE'RE TALKING ABOUT McGAHN BEING ASKED THROUGH A THIRD PERSON TO GO OUT AND REFUTE A NEWSPAPER STORY

BUT MUELLER WILL WANT TO PRESS DOWN ON THIS AND SEE IF THERE WERE MORE FURTHER, DIFFICULT CONVERSATIONS THAT THE PRESIDENT HAD WITH PEOPLE >> IF THE ATTEMPTED FIRING OF BOB MUELLER BECOMES A PART OF AN ELEMENT OF THE OBSTRUCTION CASE AGAINST ANYONE AT THE WHITE HOUSE, CAN DON McGAHN THEN BE CALLED AS A WITNESS AGAINST PEOPLE AT THE WHITE HOUSE FOR THAT ISSUE? >> McGAHN WORKS IN THE WHITE HOUSE HE IS A FACT WITNESS TO WHAT HE OBSERVES HE IS NOT THE PRESIDENT'S LAWYER THERE IS NO ATTORNEY-CLIENT PRIVILEGE THERE

THE MOST REALISTIC PRIVILEGE HE COULD ASSERT, AND WE'VE SEEN NO EVIDENCE THIS IS THE CASE, WOULD BE A FIFTH AMENDMENT TO AVOID TESTIFYING IN A WAY THAT WOULD INCRIMINATE HIMSELF PERSONALLY OF A CRIME WE'VE SEEN NO EVIDENCE THAT HE HAS THAT PROBLEM AND EVERY INDICATION THAT HE'S COOPERATED WITH MUELLER >> YOU ARE HERE AS A FORMER FEDERAL PROSECUTOR AND LEGAL EXPERT I DON'T WANT TO TRY TO CONSCRIPT YOU INTO MEDIA ANALYSIS, BUT I THINK YOU KNOW AS A LONG-TIME PARTICIPANT IN LEGAL CASES THAT INVOLVE THE PRESS THAT SOMETHING RACHEL HAS SAID ON THIS PROGRAM AND THAT WE'VE REPORTED IS, THERE ARE A SLOUGH OF STORIES THAT SEEM TO CONTINUOUSLY CAST DON McGAHN AS THIS HERO OF THE REPUBLIC WHO'S SAVING EVERYONE FROM THEMSELVES CAN YOU SHED ANY LIGHT ON THE POTENTIAL SOURCING FOR THAT IN

>> SO, I'M A WILLING CONSCRIPT INTO THAT KIND OF A VENTURE OFTEN IN A CASE LIKE THIS, IN A PUBLIC CORRUPTION CASE, YOU WILL HAVE A PERSON WHO IS POTENTIALLY A SUBJECT OR SOMEONE OF INTEREST TO INVESTIGATORS, AND THEY WILL RUN A LITTLE BIT OF A PR CAMPAIGN TO TRY TO ENHANCE THEIR IMAGE, AT LEAST IN THE PUBLIC'S EYE THERE'S SOME REASON TO BELIEVE THAT THIS IS PERHAPS GOING ON TO SOME EXTENT WITH MR McGAHN IT THESE STORIES DO SURFACE WITH REGULARITY AND SEEM TO BE THE TYPE OF STORIES THAT WOULD BE DIFFICULT TO SOURCE WITHOUT COOPERATION FROM MR

McGAHN OR SOMEONE CLOSE TO HIM

Source: Youtube


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