we want to thank Josh homes for being on the couch with us here today and we had
that press conference at the beginning so not everybody got their time you guys
are good sports no thank you thank you have you got a nice lesson in insider
trading right I actually needed that yes sir whatever hits her to come for the
rest of the day to watch it and see the whole thing well a lot to discuss in
this hour and certainly a lot coming up in the next we're back here at noon
Eastern but now here's Harris and we begin with breaking news president
Trump's legal team has now responded in just the last few seconds to Robert
Muller's latest offer for a presidential interview this is outnumbered over time
i'm harris faulkner now to the breaking news the president's attorneys releasing
a statement saying they have sent a letter now to the special counsel
regarding its request to sit down with President Trump in its Russia
investigation meanwhile Rudy Giuliani is once again calling on Muller to wrap it
up this investigation chief White House correspondent John Roberts is live with
the latest on this so break it down we knew that there was something coming
today what is it then Harris good afternoon to you it just as you were
introducing me there I was finishing up a phone call with Rudy Giuliani who told
me that he thinks that this should all be over by September the first no saying
he doesn't know if it will be over by September the first but he thinks that
Robert Muller should be able to wrap it up by then he told me if it goes much
past the beginning of September then everybody who's involved in this
investigation could be accused of interfering with the election because if
this thing does drag on it gets closer and closer to those all-important
midterms but the response to Muller went out about an hour ago I've got two
statements from the president Saline attorneys Jay Sekulow saying quote we
have responded in writing to the latest proposal from the Office of Special
Counsel regarding its request to interview the president it is not
appropriate at this time to comment publicly about the content of that
response from Rudy Giuliani millions of pages of documents along with testimony
from dozens of witnesses have been provided where restating what we have
been saying for months it is time for the Office of Special Counsel to
conclude its inquiry without further delay speaking again to that September
first timeline the Giuliani thinks that Muller should ever wrapped up by now
while Giuliani would not go into the details of the counteroffer he did tell
Fox News it's not a refusal but at the same time it's not a completely
unreasonable position I can see a way he told me in which they Muller may agree
with it Giuliani says the chances of Muller accepting the offer depend on two
things a how much they really want an interview with the president and B the
degree to which they are willing to say this may be our last chance to get the
sit-down with the president Harvard Law Professor Alan Dershowitz was on Fox
News earlier today in America's newsroom he thinks this strategy is to present
Muller with something he cannot accept listen here well I think the tactic is
emerging and it's fairly clear the president wants to testify his lawyers
don't want to testify so the lawyers are going to set up a series of conditions
so it put it in terms of the Godfather they're gonna make Muller an offer he
can't accept and in the end Muller will say look I can't accept this offer so
we're gonna subpoena you the president will be able to say look I wanted to
testify it was mo turned me down Giuliani acknowledged that Muller may
indeed try to step in to the president if an agreement for an interview can't
be worked out the president's attorneys have repeatedly stated that they would
fight any attempt in court to subpoena president Trump Gershowitz suggesting
that this fight could go on for months and end in a draw
Giuliani also told me this morning that they may be willing to allow the
president to answer some questions that go to the issue of obstruction of
justice if Muller could give them a couple of
sample questions that aren't quote red flags that don't look like he's tried to
set a trap but so many attorneys across this land who have commented on this
Harris believed that they are trying to set a trap for the president Giuliani
telling me that even if Muller would have accept this offer that was
transmitted about an hour ago there's still an awful lot of work to do before
Muller would get a chance to sit down with the president
there's developments they just come so quickly I know I thought maybe you were
getting another one because people know that we wear earpieces and they wonder
is a clairvoyant know we're actually being talked to while we're talking
before we let you go John because I want to talk about the timing of this it is
90 days today until the midterm election so you know you're talking about
wrapping something up in less than 30 days or do you let that bleed toward the
November election that's actually not Bob Muller's concern right now but it
certainly is a political concern yeah I don't think that Muller is concerned at
all about that other other than the fact that some pressure may be brought to
bear in the you know court of public relations and politics that Oh Muller is
dragging this thing out longer than it should be which may play in the
president's favor if you get some sympathy on that point at the same time
though the president doesn't want this thing dragging toward the election
because you know if there were to be some sort of stunning revelation that
happens say 30 days before the election that could have an impact too so it's
definitely in the president's interests to either NE not have this happen or if
it does happen happen under very stringent conditions and happen quickly
we'll see all right great to see you always with the breaking news John
Roberts let's do more Republican congressman Louie Gohmert of the House
Judiciary Committee great to have you today I want to start with your thoughts
on now the answer back from the president's team legal team to Robert
Muller well I hope Dershowitz is right that they've laid conditions that motor
won't accept because it'd be a disaster Eric Holder lied to us a number of times
testifying before Congress he should have he was held in contempt should have
gone to jail but Harris I totally believe him when he says look I've known
Robert molar for 30 20 30 years and he is not gonna stop until he gets some
kind of indictment against the president and I think he's right that's what molar
wants to get and when I hear that Giuliani is saying oh if it goes past
September 1st Moeller will be blamed for you know
playing politics and affecting election Muller could care less he would
love to affect the election this is a guy that sat down looked Trump in the
face said basically begging him to point him again as director of the FBI and
when he doesn't get it he get become special counsel of an area he's totally
disqualified from because he was FBI director and part of the investigation
into Russia trying to buy uranium that enabled Hillary to get cepheus to
approve the sale so they could make 145 million Muller should be investigated
and instead he is a special counsel this is a guy that doesn't care up but he's
hoping he will affect the election and screw over the president you always
manage to break it down to some new category that we haven't seen so you've
just driven us anna-lena flip the switch on robert muller and and it is
interesting where we are right now though you say he wouldn't care about
politics anyway lay conditions such that he won't accept wouldn't he then slap
the president's team the president with a subpoena and would that be better or
worse we'll see that's that's the way Muller will look at it and I used to be
a pretty good lawyer because I could put myself in their shoes it you're an
excellent lawyer well it was a judge and chief justice but from look at it from
our standpoint okay he times this 90 days before the election and says we
want to ask questions knowing that they'll probably come back with
conditions he can't accept he will have to do a subpoena and even if the
president does agree to testify then he gets him in a perjury trap which will
help him indict the I mean they indicted Mike Flynn when the FBI officer said
look there is no CEO there's a way to avoid because that's you know every
attorney that I've interviewed judges of it they're like Harris you don't sit
down with the Special Counsel you don't do a sure that question is you should
not is no one able to situational counsel and just not get into a perjury
trap it's really difficult very very difficult
especially when you've got people like Weisman and Muller that they don't mind
breaking the law to put people in jail they've done it before they'll do it
again as long as they've got the power and they've got the power so so from our
standpoint if he's if the lawyers and are willing to let the president sit
down and I know it's the president decision but he should not do that just
it's it's wrong it shouldn't do it but it is the mower story Lincoln's counsel
he said that well because Trump president Trump is a smart guy and he
really believes he knows he's not guilty of anything he's being investigated for
so why shouldn't he sit down when there are other implications they would do
anything to find something to indict him for they will twist anything he says no
matter how he says it and try to make it into an indictment and from Muller
standpoint okay so they he can't accept the terms
then he's fighting the president saying I got here obstructing you're hiding so
they're fighting over the subpoena and that affects the election Muller would
love it before I have to let you go congressman is there anything to say
about a positive movement forward by the president and Muller going back and
forth in all this it sounds like a fruitless dance from what you're saying
but politically for the president what does this accomplish well it is the
president still saying I'm still willing to sit down here the terms and
conditions but I don't think there are any that Muller would accept other than
just will ask what we want to because he wants to drag this out he wants to keep
spending millions of taxpayer dollars without any oversight Rosen Stein was
involved in the Russian investigation with Moeller and so they're going to let
this go on Rosen Stein ought to be investigated but
as long as Rosenstein is the Deputy Attorney General then the president's in
trouble and justice is not being done Wow
and can you get up from the table is it like art of the deal where you sit down
and and I'm serious I mean if it's a lot tougher it's tougher it's a lot tougher
because once you begin to waive your fifth Amendment rights and judges you
know I've warned people felons accused felons once you waive your Fifth
Amendment rights and begin to testify you've waived your right but now there
are questions in a deposition that you can say we're not answering that and
then you go litigate it to the judge again lower would love that it drags it
out even longer it keeps him spending millions of dollars and creates more
political trouble for Republicans and the president boy you have given us a
whole lot to think about and talk about now as you always do congressman energy
and mower is thought about everything I've mentioned interesting from the
great state of Texas you set us up for this hour sir thank you very much
thank thank chairs absolutely let me tell you what I'm talking about because
the man next to me he's been nodding this entire time Richard st. Paul is a
former prosecutor and criminal defense attorney you're listening and what are
you hearing that you're agreeing with first of all you don't sit down with the
special prosecutor I've been in the office within that federal agent my
client was a defendant and you know doing a proffer talking about what my
client knows about this particular area whether that can lead to getting a
bigger fish how gives to people who sit down with the prosecutors those who have
nothing to lose and those that have everything again
the people have everything to gain is those people who don't want to go to
jail by cooperating those who have nothing to lose are not facing in a
criminal potential criminal out light the president has everything to lose
because Muller is seeking to capture the big fish and will and he sees him as the
big fish absolutely he's at the top of the food chain so the president has
everything to lose by sitting down with mother all right can I just ask in the
beginning we were looking to see if there were any connections between the
Trump campaign and Russia and the word really
and rudy giuliani gets this right the word collusion is not the crime it would
be conspiracy or obstruction of justice we have now paddled our boat into the
middle of the water so far afield of either Shore of those top types of topic
you know there's the political sit down for the base the president may not even
need to do that anymore in terms of getting following because of what's
going on and he's playing ball by answering back to Muller excellent point
why should the president sit down when he's not being accused if there's no
edge says there's no evidence that he colluded it now
is not a legal definition is not under Title 18 of the criminal so why do they
even use that word it's a very simple term for people to digest but they're
but the the main term is is conspiracy to to violate campaign finance from
crimes so what happens is that foreign one harder to prove than the other is
that why they use that one well no it's it's all the same things so
that's it's all the same in terms of what the actions are so there's there's
no foreign money allowed into our elections
what Muller is looking at is whether Russian operatives funded the Trump
campaign to elect the president that's that's the conspiracy that's the
campaign violations that's the collusion between Intel agencies have looked at
this and said they meddled but not to the benefit of one candidate or the
other I don't where else does it meet which is exactly right why would the
begin why would the president sit down when there is no Alec there's no Alec
strong allegation there was no information that says that he was
involved with this conspiracy to violate a campaign finance laws more criminal
laws at that why would you sit down one so we're trying to get also to another
point of breaking news real quickly Muller has said that he wouldn't indict
or can't indict a sitting president yet you hear congressman Gohmert talking
about their seeking for something they're just looking something to indict
on can you or can't you indict a president you can if you if you break
the law obviously you can be indicted whether you can be removed from office
is those are two different things absolutely that's political all right
sit tight for just a second Richard because we have more GOP representative
Chris Collins of New York was indicted on
insider trading charges today and we saw the federal prosecutor here in the state
of New York we can't recovered at last our on outnumbered
he's charged with tipping off family members and other people because he had
inside information on a on a medicine called an 8 yep
what do you make of this at this point so apparently he was on the board of an
eight and he gave his son and his son's fiancee father information which
allegedly saved them information about the stop which allegedly save them
almost a million dollars okay the question though that his attorney his
attorney has already raised his defense which is that representative Collins did
not benefit from this insight knowledge now that's one of the elements to prove
that you're guilty of inside trading oh that's interesting yeah do it to hurt
yourself right so he didn't benefit now his
family members may have benefited but he didn't benefit now the information has
to be non-public and so that's why it's called insider trading cuz it has to be
non-public I saw that with Martha Stewart's case but she benefited
remember she sold this right before it went downhill but I'm reading that he
couldn't have traded that stock for a lot of different reasons but he's a
congressman and yeah okay so Richard what do you make of what we're learning
now that he was already investigation under investigation by ethics committee
having to do with the same medical product innate and that's probably how
we got this federal investigation because the information they learn from
the ethics investigation then went to the Department of Justice through the U
at the Southern District of New York because obviously he's a congressman
here in New York but whether one thing is ethical as we saw with the Senate
amendment Menendez which was unethical to fly planes that your friend provided
for you and in vs. whether that's criminal is two different things okay
while what he may have done if he did it is unethical the question still remains
did he benefit from the inside training and I and again that's the defense only
bar because you know his it has been shown that his son didn't his son's
fiance and her dad and unfortunately the law doesn't seem to have evolved to
cover of others Wow yep that's that's gonna be
like I said his kind of shut it does her like I don't know
well whoever the his attorney said that you're gonna hear a little more about
his defense and about the their representation of him of represent acaso
little later but that's certainly gonna be what they're hanging their hat on all
right real quickly I know it's not your lane in politics but if you were his
counsel would you tell him to get out of the race not the race but would you tell
him to get give up his seat right now or wait for the facts to follow based on
the bar that you just set legally I would say stay stay an absolute
interesting yeah Richard same guilty person doesn't get out first time on the
mezzanine on outnumbered overtime Oh prosecutor and criminal defense attorney
come back thank you with a special house election too close to call still in Ohio
they say the big endorsement from the president that may have made all the
difference we are live in the Buckeye State stay
close
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