tv CNN Tonight With Don Lemon CNN August 31, 2018 12:00am-1:00am PDT
and his own -- as his own troubles heat up. in a wide-ranging interview with bloomberg news tonight he said jeff sessions' job is safe until november but in true trump fashion declined to say what would happen after that. and as the nation mourns john mccain tonight president trump refused to back down from his failure to pay tribute to the late senator. we have a lot to discuss. i want to bring in first margaret, cnn political analyst and senior white house correspondent for "bloomberg news" and margaret, good evening to you. we're going to get to the rest of the folks in just a minute. margaret, you there? >> i'm right here. >> all right. good to see you. sorry. we brought ourp manual who's next. michael dantonio. david swerdlick. you asked president trump about whether he would comply with a subpoena from robert mueller, what did he say about that and the investigation? >> don, he said he'd have to wait and see and then quickly reframed it and said he didn't see it that way because he saw mr. mueller's probe as a, quote, illegal investigation. he said that all the great legal scholars had also concluded that
there should never have been a special counsel. now, what does that mean? if he's deemed it illegal, does it mean he's never going to testify to anyone, he's going to refuse to comply with the subpoena? he didn't say, he was not going to get into it, but he certainly left a thread dangling out there. he's questioned the validity of it several times before but he seemed to go a step further tonight. >> so you asked -- also asked him about the attorney general jeff sessions' job security. here's what he said. watch this. >> i'd just like to have jeff sessions do his job and if he did, i'd be very happy. but the job entails two sides. not one side. >> so, talk to us about what else he said regarding sessions. >> well, we began, my colleague jennifer jacobs and i, and our top editor john mickelthwaite in the oval office in this interview, when we got to the jeff sessions question, we began by just asking him whether it was safe to say that jeff
sessions would have his job through the midterms and he said it was, but the obvious follow-up question what happens at like 12:01 right the day after the midterm, i mean, that's not what we meant, but he wouldn't answer it. he would not answer that question and instead, he said she just wanted sessions to do his job. that, you know, there had to be investigations of both sides. this sort of notion of, you know, parity, many of the familiar threads talking about his concerns about the fbi, james comey, all this other stuff. but he did not to his credit threaten any specific action against the attorney general after the midterms but he also didn't give a whole lot of reason to believe he was going to change his mind about the direction he's been going and of course republicans in congress in recent days have been essentially giving him permission to do whatever he wants after the midterms but suggesting it would be really bad to act before then and
he seemed to be signaling tonight, yes, i agree we can stop talking about this, it's going to be sessions until the election. >> you also asked the president if he thinks he messed up about the way he handled john mccain's death. what did he say? >> yeah. i just want to preface this by saying we began this interview with a lot of economic questions. and we spent a lot of time talking about the economy. but it was obvious, i think to the president as well, that the minute he spoke about any of these sort of domestic political issues, they were going to overtake a lot of the conversation. i asked him whether -- i said that this had been an opportunity to unite the country after senator mccain's death and i asked him whether he thought he had screwed it up and he had been in really good spirits during a lot of the interview but he kind of made a face that said i didn't like that question. he said, no, he said he didn't think he had messed up. that he had done everything they asked him to. i think he meant the senator's family. and groups urging, you know, for the flags to be at half-mast eventually and that sort of
stuff. he said he respected senator mccain's service to the nation, but that hay had disagreed about a lot of things. and then we asked him whether he felt senator mccain would have made a better president than senator -- than president obama. and president trump declined to answer that question. >> so did he -- you were talking economic issues and he -- did he want to bring up other issues? >> well, he really wanted to talk about the economy and, you know, there's a real marked difference. this idea that all the developments on mueller and cohen and weisselberg and stuff over the last week have isolated him. he was taking great care to show us a different side of the president. he was very aggressive and sort of on offense about everything from the prospects of a deal with canada, as kind of the second part of this post-nafta plan he's trying to create, to china. he certainly did not dissuade us from a story we'd broken earlier in the day saying he's getting ready to pull a trigger in a week on another $200 billion in tariffs.
on everything from the eu. he said he didn't want to accept a zero tariff auto deal they were pushing. he threatened to pull out of the wto. he's talking about whether to reconsider calling china a currency manipulator. in sort of country after country, one part of the world after another, very assertive and suggesting he's very good about stuff. but on these domestic issues it's a different story. >> all of which would be major news stories -- >> on any day. >> singularly. yeah. about impeachment. how worried? is he worried? >> this was a fascinating part of the interview and came at the tail end. i asked if the democrats do what they're trying to do and take over the house and if they proceed to try 20 impeach you do you think that will weaken your ability to governor do you think it will help your re-election bid? and he said he didn't know the answer to that they but he didn't think they could impeach him. we asked why. he said because he's done a great job. furthermore, what he said, what
me suggested was that if democrats tried to impeach him it would create a precedent and apparently he didn't think this was true after bill clinton. it would create a precedent where every future president, u.s. president, if the opposing party took control of the house would then face impeachment. and he didn't think democrats would want to do that. >> all right. i want you to stick right there, please, margaret. i want to bring in cnn political commentators joan walsh, david swerdlick, michael d'antonio author of "the shadow president:spt truth about mike pence." good evening to you guys. i want to start with you first, david, though. let's start with president trump's assertion that robert mueller's investigation is illegal. do you think he's feeling some sort of pressure? >> i think he's feeling pressure and i think this week, the last week or two, he and his team have been throwing out different theories to see if any of them stick. the idea that the mueller investigation is illegal doesn't
sit well on its face. first of all, it's donald trump's justice department that appointed the attorney general, the deputy attorney general and the special counsel. the special counsel is a job or a role that is laid out in statute. it's congressionally created, not something conjured out of thin air. as people have been saying all along, special counsel mueller is someone who is a lifelong republican and this investigation has produced indictment after indictment, plea deal after plea deal. and now a conviction in the case of manafort. the idea that this is just some hocus-pocus or that it's illegal just doesn't add up in the face of all of those facts. >> yep. michael, he also said great scholars have said there never should have been a special counsel. joan gets some joy out of that. but what do you make of that bizarre statement, michael? >> well, there have been debates about the merits of special
counsel provisions in law, and this is something that's gone back and forth with people challenging the idea that there should be someone appointed as a prosecutor who's not confirmed and is not under the direct control of the president. but we seem to be with this law now for decades. and it is legal for mueller to be conducting this investigation. what i thought was also noteworthy about the interview that margaret did was this idea that congress would not impeach him because he's doing such a great job. and if we go back to richard nixon, nixon was actually doing a pretty good job with much of what he set out to do. he was advancing civil rights with title ix. he created the epa. he was negotiating arms deals with the soviets. the opening with china. he actually was doing very well, but he was impeached because he committed a crime. and i think if it turns out that donald trump's perceived to have committed crimes, he may well be
impeached, too. >> joan, when trump was asked about attorney general jeff sessions he didn't say whether he would fire him, he didn't say he wouldn't fire him. he seems averse to talk about that or to admit that he is going to fire someone until he's actually firing them then saying when it's reported that this person is going to go, it's fake news then all of a sudden they fire him and it's like, okay, you never hear. >> it's fake news, and then he announces on twitter and the person doesn't know, like don mcgahn. i mean, that interview broke a lot of news. it's hard to know what to come at first. i honestly think the combination, don, of calling it an illegal investigation, which is a new word. he's called it a witch hunt. he's trashed it. calling it illegal, and suggesting he'd hold on to jeff sessions until after the midterms, we remember the saturday night massacre. there could be a wednesday morning massacre after the midterms because i think regardless of what happens, but especially given that i believe that there's going to be at least a democratic takeover of the house, i think he's going to
take that opportunity and republican senators are going to -- and other republicans are going to give it to him to clean house, to get rid of sessions, to get rid of mueller in that lame duck session. i think he said some really scary things tonight as well as some ridiculous and funny things. >> very interesting. we have to get to the break. so margaret, we're going to let you go. thank you, margaret. i appreciate it. the rest of you, please stick around. when we come back, donald trump reportedly unsuccessfully tried to buy and bury decades of dirt from the "national enquirer." does that mean there's more to come? (man) managing my type 2 diabetes wasn't my top priority. until i held her. i found my tresiba® reason. now i'm doing more to lower my a1c. i take tresiba® once a day. tresiba® controls blood sugar for 24 hours
for powerful a1c reduction. (woman) we'd been counting down to his retirement. it was our tresiba® reason. he needs insulin to control his high blood sugar and, at his age, he's at greater risk for low blood sugar. tresiba® releases slow and steady and works all day and night like the body's insulin. (vo) tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens. don't reuse needles. the most common side effect is low blood sugar, which may cause dizziness, sweating, confusion, and headache. check your blood sugar. low blood sugar can be serious and may be life-threatening. injection site reactions may occur. tell your prescriber about all medicines you take and all your medical conditions. taking tzds with insulins like tresiba® may cause serious side effects like heart failure. your insulin dose shouldn't be changed without asking your prescriber. get medical help right away if you have trouble breathing, fast heartbeat,
extreme drowsiness, swelling of your face, tongue or throat, dizziness or confusion. (man) i found my tresiba® reason. find yours. (vo) ask your health care provider about tresiba®. covered by most commercial health insurance and medicare part d plans. they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/tv and never go to the post office again!
it's a revolution in sleep. the new sleep number 360 smart bed is on sale now, from $899, during sleep number's 'biggest sale of the year'. it senses your movement, and automatically adjusts to keep you both comfortable. it even helps with this. so you wake up ready to put your pedal to the metal. and now, all beds are on sale. it's the last chance to save 50% on the new sleep number 360 limited edition smart bed. plus, 36-month financing. ends labor day. sleep number. proven, quality sleep. president trump on the attack today even threatening his own justice department at his rally in indiana. but that's not his only target. back with me now joan walsh, david swerdlick, and michael dantonio. so david, president trump spent the last 24 hours lashing out on twitter targeting cnn, google, james comey. bruce ohr. fake books. hillary clinton and the russian investigation just to name a few.
what could be behind this latest twitter tirade? my gosh, who didn't -- it's probably easier to read a list of who he didn't talk about. but go on. >> so don, first of all, i've said it before and i'll say it again. i'm glad to work for two news organizations, the "washington post" and cnn, that are bearing the brunt of president trump's ire. i would not want to work for news organizations that the president says, oh, they're great, they say nice things about me. they never challenge me. i get great reviews. that would not be journalism. the purpose of us in the media, in the press, is to challenge authority and that's what's going on. in terms of all these different tweets and all these different directions, our colleague, maggie haberman, alluded to this in a tweet earlier today, about the new phrase, "fake books." seems like it's timed in advance of the bob woodward book that's coming out. my "washington post" colleague. there are a lot of good books about president trump before and after he took office, but you can say, oh, this author is this or this author is that.
president trump knows who bob woodward is in the pantheon of journalists. president trump likes tv and movies. he knows robert redford played him in a movie. he knows this is a guy he can't wave away as no one listens to bob woodward. i don't know what's in that book. but i know that he's worried that he won't be able to wave away whatever's in that book. >> yeah. he doesn't read books that much. so i don't know why he's worried about it. listen, this is a pattern from the president. i mean, he tweeted several untruths in the last two days. he tweeted out that -- a story from the conservative news outlet claiming hillary clinton's private e-mail server was hacked by a chinese-owned company. an fbi official, okay, told cnn there is no such evidence. he also accused, trump did, google of promoting president obama's state of the union address but not his. google says that is not true. they have the receipts. they highlighted trump's speech on their home page. joan, does he suffer any consequences for just making
stuff up? >> not with his base, don, but i think increasingly he does. i mean, we're starting to see a president who is losing it. i'm starting to think of him, trump and the truth are like a vampire with the sun. he can't tolerate it. and it's all closing in on him. we wonder what's in the "national enquirer" safe. we wonder what's in bob woodward's book. he had incredible access to past and present staffers. and he's going nuts on twitter in the morning. i mean, people think he's scared of that book. he thinks mueller is closing in and that's why he's getting, you know, more frantic. i have no evidence that -- >> you think he's going to read bob woodward's book? >> no, i don't, but i think he's going to watch you talk about it on tv and freak out. he's going to watch it dominate the news i predict for days. i think that book is going to have that much damaging information. >> yeah. >> he won't read it. >> so michael, in another tweet,
trump tried to falsely argue where the interview where he admitted to firing james comey because of the russia investigation, he said it was somehow not accurate. he said, "lester holt got caught fudging my tape on russia." so that's not true. why is trump making this bogus excuse now? >> well, i think that he is throwing out a million things, joan is right, that he is losing it to some degree. but what happened this week? we saw really all of the people of the united states and many people around the world express great love for john mccain. the contrast between john mccain and donald trump became incredibly acute and i think he cannot even let a man who's just died get this kind of attention. without freaking out. so he was saying everything, all kinds of nonsense. i do think it's also true that
the pressure on him right now is enormous. he's under i think this great fear of this book coming out and what's going to happen next. it's been a horrible summer for him and it may not be a very good autumn. >> david -- >> don, can i make one more quick point about the lester holt interview? the lester holt interview stands on its own. the president's fudging comment makes no sense. you know, and it's a year-plus after he had a chance -- >> 15 months. >> -- to say, oh, he took me out of context but there's also the may 9th, 2017, letter in which president trump notified comey he was fired where he referenced i appreciate that you told me three different times that i wasn't under investigation, but i still agree with the justice department that you've got to go. that's in a letter. so i -- it's hard for the president to maintain at this point that comey and the russia investigation had nothing to do with comey's firing. >> joan, i've got to ask you before we go "the new york times" reporting that michael
cohen and then candidate trump they came up with this potential plan to buy these catch and kill stories from the "national enquirer" that could prove damaging to trump. and tobaccos up a report that cnn, you remember we heard on tape of them talking about our friend david. >> david. >> gets hit by a bus -- >> truck. right. >> by a truck. what does this tell you? >> i think they were afraid of what was in that safe and honestly, that -- that tape where they say all the stuff, all the stuff, a couple times, not just one story, every time you listen to it, it gives us more. and now when i hear that line, don, that he might, david pecker, might get hit by a truck, i worry for david pecker. because trump has been talking like a mob boss lately. i think david pecker should watch out for trucks because it's such an ominous weird thing to say. >> for someone to say. i would say to you, michael, you
sort of have a degree in trump because you've written about him. what do you think is here -- what do you think is so -- he's so concerned about? more to come? >> i think he's afraid of what's to come. i think he understands mueller and the southern district of new york are now inside trump tower. they have his 500 different business entities under close examination. they have a source in mr. weisselberg who's been cfo and accountant for the trump operation for decades. now cooperating. they have michael cohen. and there is word of another trump tower executive who's been seeking a deal with the southern district. so he's got to be very concerned that all of the secrets that he's kept hidden for so long are going to be revealed. >> yeah, he said he's not worried about weisselberg, said he cooperated for just over a period of time. there was a certain period of
time. he said he's not concerned about it. he doesn't think he said anything derogatory about the president. thank you, all. appreciate it. when we come back, the president threatening tonight that he'll get involved if the fbi and justice department don't, in his words, straighten out. wonder what robert mueller thinks of statements like that.
breaking news, president trump slamming the justice department and the fbi tonight and threatening to get involved. the president didn't specifically mention the russia investigation, but it's pretty clear what he was talking about. here's what he said. just a little while ago to supporters in indiana. >> our justice department and our fbi have to start doing their job and doing it right and doing it now. because people are angry. people are angry. what's happening is a disgrace. and at some point, i wanted to stay out, but at some point, if it doesn't straighten out properly, i want them to do
their job. i will get involved and i'll get in there if i have to. >> so here to discuss, two cnn national security analysts, juliette kayyem and asha rangappa. juliette is a former department of homeland security official and asha is a former fbi special agent. she's also a cnn legal analyst. good evening to both of you. good to have you on. juliette, you just heard the president slam the fbi and justice department saying if it doesn't straighten out he will get involved. how dangerous is that comment? >> well, it's dangerous but it also assumes he hasn't already gotten involved. this man -- the president, you know, fired the fbi director, a part of the department of justice. he went after mccabe. he's going after individual civil servants on twitter. he's going after anyone who has a russia experience. right? anyone who understands the russia investigation. so he's already involved. the other thing is i let there -- watching this and thinking who hired these people? who hired the attorney general?
who hired the u.s. attorneys? who hired the deputy attorney general? who hired the head of the fbi? these are his people. he's acting like they, like, fell from mars. these are his people. so, you know, this is a man whose desperation because -- because he think it's the lawyers that are the problem. right? it's not the lawyers that are the problem. it's his -- it's his legal vulnerability that's the problem for him. >> so, asha, it's not the first time that the president has threatened to get involved in the investigation into his campaign. what do these threats say to mueller, you think? what do you think he thinks about them? >> yes, don, this is groundhog's day. we -- we see these repeated attempts. look, mueller is looking into already, i mean, this is going back a year into president trump's anger at jeff sessions,
his -- his anger at jeff sessions recusing himself, attempts to prevent jeff sessions from recusing himself. so these attacks on the justice department and i think more recently these intimations that he may replace jeff sessions i think continue to be more evidence for the mueller investigation. so it's either that the president doesn't really understand the kind of evidence that mueller is trying to gather in terms of his state of mind, or he thinks that he's above the law. and i think either way, that's very problematic. >> yeah, so juliette, these threatening comments come hours after the president told "bloomberg news" that the attorney general jeff sessions that his job is safe until at least the november elections. did the president basically admit that sessions will be fired on or around november 7th? >> well, when i was younger and still dating, not married, if a boyfriend said to me, we'll date until at least valentine's day, i would assume what's happening the day after, right?
>> i did that once, though, i said we don't want to break up now, let's just do it after christmas so we can, like, exchange gifts then after that we can break up. you know what, we're still friends. >> it didn't work. yeah, but you're not -- but you're not together. i would say, you know, this is -- it's clearly he's signaling that this is going to be, you know, the end of sessions and what people have to remember is the election day, what we're not talking about, is what, six or seven weeks from now. what we haven't talked about, what asha and i haven't talked about the last couple of weeks is, of course, that the russians are -- there's evidence that the russians are already trying to or are successful in certain campaigns. the president's done nothing to protect us at this election coming up. and one has to suspect that that is exactly what he intends. that he's focused so on the personalities, no work can get done to protect an election that is so meaningful to this country. also meaningful for his legacy because if the democrats win, we know what happens next. >> asha, you know, he, the president also told "bloomberg"
tonight he believes mueller's investigation is illegal. is there anything about what the special counsel is doing that is in any way illegal? >> don, you know, there have been five federal judges who have reviewed this question that has come up in different contexts, in different cases with different defendants. all of whom who have found that mueller's investigation is completely legal and also within the bounds of his mandate. it's important to understand that there were some issues, legal issues, that were raised with the independent counsel. for example, with kenneth starr, you know, many years ago, that was still upheld by the supreme court by a narrow margin, but this -- the special counsel has really cured some of those defects because the special counsel is appointed within the executive branch and cures the
separation of powers issues. i don't think he has any leg to stand on when it comes to challenging whether a special counsel should or could be appointed to investigate this matter. >> when we come back -- thank you both, i appreciate it. when we come back, the president says he's not worried about don mcgahn's 30-hour interview with robert mueller, but should he be? we're going to break down everything mcgahn might know about, next. fire fighting is a very dangerous profession.
and on almost every one of those calls pg&e is responding to that call as well. and so when we show up to a fire and pg&e shows up with us it makes a tremendous team during a moment of crisis. i rely on them, the firefighters in this department rely on them, and so we have to practice safety everyday. utilizing pg&e's talent and expertise in that area trains our firefighters on the gas or electric aspect of a fire and when we have an emergency situation we are going to be much more skilled and prepared to mitigate that emergency for all concerned. the things we do every single day that puts ourselves in harm's way, and to have a partner that is so skilled at what they do is indispensable, and i couldn't ask for a better partner. president trump has had a rocky relationship with white house counsel don mcgahn and he was reportedly caught off guard
when it was revealed that mcgahn has been interviewed by robert mueller's team over the course of 30 hours. president insisting today that the russia investigation had nothing to do with his announcement that mcgahn will leave in the fall. but should he be worried about what mcgahn knows? cnn's tom foreman has more on that for us. tom? >> hey, don. the president is downplaying the white house counsel's meeting with the folks investigating russian meddling saying his campaign and administration have done nothing wrong. but don mcgahn has been deeply involved in some of the most highly charge the moments since this president took office. and legal experts say the president should be worried about how much mcgahn told robert mueller's team. and here are a few reasons why. michael flynn. mcgahn was the first point of contact when the justice department raised concerns about the former national security
adviser saying flynn had deceived everyone about his contact with the russians. flynn resigned, pleaded guilty to lying to the fbi, a felony, and now he's cooperating with the russia probe. james comey, mcgahn certainly knows lots of details about the firing of the former fbi director. the president has talked about the dismissal plenty giving mixed explanations at times but mcgahn could provide many more details about why trump wanted comey gone. jeff sessions, trump has taken many public jabs at his attorney general for recusing himself from the russia probe instead of staying in it and protecting the president. trump enlisted mcgahn's help in that effort but sessions recused himself anyway. and again, mcgahn could know a tremendous amount about the behind the scenes motivations and strategy in the white house. robert mueller. trump wanted mcgahn's help in having mueller fired. mcgahn refused, even threatening to quit if trump went through with the firing. which some in congress suggest would trigger a political tempest if not impeachment
proceedings. the bottom line, don mcgahn talked with mueller's team for more than 30 hours. investigators rarely talk to anyone that long unless they're hearing something interesting. that's why the president should be worried. even as he says he's not. don? >> tom foreman, thank you so much. here to discuss, former u.s. attorney guy lewis and cnn legal analyst and defense attorney shan wu. gentlemen, good evening to you. good to have you on. guy, i'm going to start with you. we've got flynn, comey, sessions. tom foreman just laid it all out. don mcgahn knows a lot and spent 30 hours talking to mueller's team. how dangerous do you think he is to president trump? >> don, i think that mcgahn is potentially a bombshell witness. no kidding. look, i did this for a long time and very seldom, very seldom did i get an opportunity to actually interview and potentially use the testimony of a lawyer who's next to walking with day by day,
day in, day out, with the target or the principal of the investigation. highly unusual and the information he may have terms of realtime thinking. think about this, don, how many times have you interviewed a witness, a guest, for 30 hours? how much information could you get out of him for 30 hours? i think mcgahn is going to be helpful to bob mueller and to his crew. >> shan, you say that don mcgahn being interviewed by mueller is worse than trump himself sitting down with the special counsel. why do you say that? >> that's right, because for trump to sit down, he'll be careful, he'll be prepared. a lot of his answers will, of course, be censored and filtered. you don't get that when he was talking with mcgahn. with mcgahn, you get somebody who was right there walking with him as guy was saying, and he's naturally going to be quite forthright with mcgahn at that time.
he may be musing out loud what his real motivations are, he may be saying, hey, i'd like to do this. do you think that's okay to do? in that sense, you really get the raw unfiltered version from mcgahn and makes it so incredibly dangerous. >> so guy, mcgahn also refused a presidential request to fire robert mueller. is the special counsel in danger with mcgahn out of the white house? >> i think that is possible. although, i do agree with tom that if the president, who clearly wants to -- if it was up to him, he'd fire mueller yesterday. right? but to do it i think is frankly political suicide. and probably would be counts 13, 14, and 15 in a proposed indictment. i really do think that. >> yeah. guy, you say the government now has a trifecta of potentially crushing witnesses for president trump? explain that. >> don, take a step back and
look what they've got now in the last 30 days. they've got cohen, again, the president's lawyer almost unheard of who has on the record in his plea colloquy, what he said, what cohen said to the court, has said the president directed me, the president told me how to make these hush money payments, and the president is involved in this conduct. which they -- which he pleads to as a campaign finance violation. he's also got now weisselberg, the cfo of the trump organization. again, how often do you get the insider, the cfo, the guy who knows the money trail, the most? and then lastly, he's got mcgahn. and that's not including all the other witnesses that we've heard of, don. general flynn, manafort, who's eventually going to flip. i bet you 3-1 that he's going to wind up -- he's not going to go jail --
>> why do you say that? >> look, he's facing life imprisonment. he's got another retrial on the counts that the jury hung on, 11-1. and then he's got the case coming up in d.c. within 30 days. look, mueller's not going to back off. mueller's not all of a sudden not going to say, oh, let me just start going easy on manafort. they're going to keep pounding manafort until he submits, and submission means cooperation against the president with the mueller team. >> so shan, i also want to get, talk more about paul manafort's case with you, because mueller's team wants to review e-mails between manafort and one of his former lawyers, messages that would typically be protected by attorney/client privilege? do you think the special counsel has a real shot at getting these documents? >> i think they do because previously a d.c. judge had already ruled that utilizing the
crime fraud exception, that that lawyer who has not actually been publicly identified specifically, but everyone pretty much knows who they are, had to testify because the judge had determined that this could have been part of the crime. the crime being part of the failure to register under the foreign agent registration act. i think mueller's folks are halfway there already. they were very limited in what they asked a judge for there. they promised not to ask for notes. they promised to not ask for opinions about witness credibility. and they got that testimony. now they want to go deeper. they want to go one step further. i think it's a belt and suspenders approach. they want to make sure there are not any surprises with the testimony at trial and they really want to shore up with paper documents whether or not manafort and arguably gates, my former client, knew that they were submitting anything that was false or not. >> so today, though, shan, a judge gave mueller's team extra time to decide whether to seek retrial for manafort
on 10 criminal charges that jurors were unable to reach a verdict on last week. what kind of options are they likely weighing right now? >> i think one big factor for them is there's some post-trial motions that manafort's folks have filed and probably want to get the judge's ruling on that as well. it does buy them a little bit more time potentially to follow-up on that kind of last-minute right before midnight talk that manafort's team raised with them about maybe working out a guilty plea. i think the problem back then, i'm sure guy would agree, no time at all waiting for the jury to come back in to work out that kind of deal. this does give them a little bit more of a window to talk, get? profrz from the lawyers, see if manafort could be helpful for them or not. i think i disagree with guy, i think manafort is not likely to plead in this case. i think his team has been pretty adamant from the beginning that they want to go to trial on these and defend them. but i do agree the pressure is enormous.
i'm really -- at this point he's got three trials going on. he's had the one, they may retry him on those other counts and he's got the d.c. one coming up. so, i mean, that's just an incredible amount of pressure to be putting on him. >> we'll have to hear from guy next time. his response to all of that. thank you, both. i appreciate it. we'll be right back.
you look like my baby girl. >> i try to spend a few moments with them. >> are you ready to go? >> so they can see me, they can smell me. load the airplane up and then we'll make stops along the eastern coast. i'm quite certain they know things are about to change. >> hey, freddie. you're so calm right now. >> they know things are getting better and they're not going to end up in the pound. >> cute. to see more of how paul gives these pups the first-class treatment go to cnnheroes.com right now. so tonight, the casket carrying john mccain arrived at joint base andrews outside washington. tomorrow, senator mccain will lie in state in the rotunda at the u.s. capitol. the memorial service will be on saturday at washington national cathedral and he'll be buried sunday at the u.s. naval academy in annapolis, maryland. earlier today family and friends gathered at north phoenix baptist church in arizona for a memorial service to remember the life of senator john mccain. >> my name is joe biden.
i'm a democrat. [ laughter ] and i love john mccain. >> what he knew is that we all make america great. >> he didn't judge individuals based on the color of their skin, their gender, their backgrounds, their political affiliations, or their bank accounts. he evaluated them on the merits of their character and the contents of their hearts. >> but he believed so much that this -- in the end when it's all said and done this republican/democrat thing is not that important, is it? >> so i get the phone and he says, i'm going to run for the u.s. senate. you know john, he was going 100 miles an hour. so i'm going like okay. and then he says i want you to co-chair my campaign. i said, well, john, you know i'm a democrat.
[ laughter ] i don't care, you're my friend. i want you to co-chair. i said let me sleep on it. no. no, no. you give me an answer right now. yes or no? and then john says i want you to speak on my behalf at the republican convention. [ laughter ] i said, senator, i want to remind you, i'm a democrat. "i don't care. i want you there. you're my friend. i want you there." i said, yes, i'll be there. he said, "well," he says, "with a big smile on his face, "watch out when you start your car." [ laughter ] >> during long debates in the '80s and '90s, some of my
colleagues know i would go over and sit next to john. next to his seat. or he'd come to the democratic side and sit next to me. and we both went to our caucus and coincidentally we were both approached by our caucus leaders who raised the discussion. joe, it doesn't look good you sitting next to john all the time. swear to god. same thing was said to john in your caucus. >> so i hope that in his legacy elected officials embrace the thought of love. >> he fought the good fight. he finished the race. he kept the faith. >> now john's going to take his rightful place in a long line of extraordinary leaders in this nation's history who in their time and in their way stood for freedom and stood for liberty
and have made the american story the most improbable and the most hopeful and the most enduring story on earth. and i know john said he hoped he played a small part in that story. john, you did much more than that, my friend. to paraphrase shakespeare, we shall not see his like again. ♪ and now, the end is near and so i face the final curtain ♪ ♪ my friends, i'll say it clear ♪ ♪ i'll state my case ♪ of which i'm certain ♪ i've lived olay eyes with b3 complex
to keep you both comfortable. and now, all beds are on sale. it's the last chance to save 50% on the new sleep number 360 limited edition smart bed. ends labor day. until i held her. managing my type 2 diabetes wasn't my top priority. i found my tresiba® reason. now i'm doing more to lower my a1c. i take tresiba® once a day. tresiba® controls blood sugar for 24 hours for powerful a1c reduction. (woman) we'd been counting down to his retirement. it was our tresiba® reason. he needs insulin to control his high blood sugar and, at his age, he's at greater risk for low blood sugar. tresiba® releases slow and steady and works all day and night like the body's insulin. (vo) tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes. don't use tresiba® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you are allergic to any of its ingredients. don't share needles or insulin pens. don't reuse needles. the most common side effect is low blood sugar,
which may cause dizziness, sweating, confusion, and headache. check your blood sugar. low blood sugar can be serious and may be life-threatening. injection site reactions may occur. tell your prescriber about all medicines you take and all your medical conditions. taking tzds with insulins like tresiba® may cause serious side effects like heart failure. your insulin dose shouldn't be changed without asking your prescriber. get medical help right away if you have trouble breathing, fast heartbeat, extreme drowsiness, swelling of your face, tongue or throat, dizziness or confusion. (man) i found my tresiba® reason. find yours. (vo) ask your health care provider about tresiba®. covered by most commercial health insurance and medicare part d plans.
the attorney general's job is safe for now. jeff sessions could be replaced once the midterms are done. he's fighting to restore what we call regular order. just have to treat one another again like we used to. >> passionate tributes to john mccain before his final flight to washington. today, mccain is granted an honor only few are. he will lie in state at the u.s. capitol. and nfl teams colluding to keep