HOME TONIGHT, BUT I WAS JUST HEARING WHAT SOUNDED LIKE THE RUMBLE OF THAT. WE HAVE A BIG LEGAL DOCKET TO TRY TO GET THROUGH HERE, BUT LET’S BEGIN WITH DON McGAHN’S TESTIMONY, WHICH YOU ARE THE EXPERT ON. WHAT ARE THE LEGAL IMPLICATIONS OF THIS FOR DONALD TRUMP? >> YEAH, YOUR INTRO WAS WHAT WE CALL A VERY LONG COMPOUND QUESTION WITH LOTS AND LOTS OF ISSUES. STARTING WITH DON McGAHN, HIS TESTIMONY WILL BE GREAT TO HEAR WHAT HE HAS TO SAY UNDER OATH, EXCEPT I THINK THE AMERICAN PUBLIC SHOULD TAKE A DEEP BREATH BECAUSE IT’S NOT GOING TO HAPPEN LIVE BEFORE THEM. IT’S GOING TO HAPPEN FIRST IN PRIVATE, WHICH GIVES THE WHITE HOUSE AND OTHER PEOPLE A CHANCE TO OBJECT IF THERE’S ANY CONCERN OVER EXECUTIVE PRIVILEGE. BUT TO REMIND VIEWERS, THE REASON DON McGAHN IS SO IMPORTANT AS OUTLINED IN THE MUELLER REPORT IS HE WAS ASKED BY FORMER PRESIDENT TRUMP TO FIRE ROBERT MUELLER, AND HE REFUSED. BUT THAT’S NOT REALLY THE CRITICAL PART. IT’S THAT WHEN THIS CAME TO LIGHT AND "THE WASHINGTON POST" REPORTED ON IT, TRUMP SAID, I WANT YOU, DON McGAHN, TO LIE ABOUT MY REQUESTING THAT YOU FIRE ROBERT MUELLER. AND DON McGAHN SAID, I’M NOT DOING THAT, AND HE WAS GOING TO RESIGN. SO A CRITICAL QUESTION TO ASK DON McGAHN IS, LIKE, IF YOU DIDN’T THINK HE WAS COMMITTING A CRIME, WHY WERE YOU GOING UP AND RESIGN? YOU DON’T DO THAT UNLESS IT’S SERIOUS. HE WAS THE WHITE HOUSE COUNSEL. CLEARLY THERE WAS ONLY SO MUCH HE WAS WILLING TO STOMACH, AND I THINK THAT IS GOING TO BE WHAT I WOULD SAY IS DAMAGING TESTIMONY, BUT I WOULD NOT HOLD MY BREATH ALSO FOR EXPECTING THERE TO BE AN OBSTRUCTION INDICTMENT OF THE FORMER PRESIDENT. >> COULDN’T THE HOUSE JUDICIARY COMMITTEE JUST HAND THEIR TRANSCRIPT OF THIS TESTIMONY OVER TO THE JUSTICE DEPARTMENT WITH A RECOMMENDATION FOR AN INVESTIGATION OF SOME KIND OR PROSECUTION? >> THEY ABSOLUTELY COULD. IT’S WORTH REMEMBERING THAT THE JUSTICE DEPARTMENT ALREADY HAS THAT BECAUSE THE MUELLER INVESTIGATION CONSISTED OF FBI INTERVIEWS, INCLUDING DETAIL NOTES OF THOSE INTERVIEWS. SO THEY KNOW EXACTLY WHAT DON McGAHN TOLD THE FBI AS PART OF THE SPECIAL COUNSEL INVESTIGATION. NOW THERE WILL BE ADDITIONAL QUESTIONS. IT WILL BE UNDER OATH BY DON McGAHN. BUT THE BASIC INFORMATION IS SOMETHING THE JUSTICE DEPARTMENT HAS, SO IT REALLY IS A QUESTION FOR THIS JUSTICE DEPARTMENT AS TO WHETHER THEY’RE GOING TO HOLD A FORMER PRESIDENT TO ACCOUNT. FOR WHAT HE DID. >> SO WE’RE LOOKING AT A POSSIBLE $500,000 GIFT IN EFFECT FROM DONALD TRUMP TO ALLEN WEISSELBERG THROUGH SOME FORM OR OTHER. THE IRS GIFT LIMIT IS $15,000. YOU DON’T HAVE THE PAY TAXES ON A GIFT $15,000 OR BELOW, BUT A GIFT ABOVE $15,000, WHICH THIS SOUNDS LIKE, IS A TAXABLE GIFT SOME THIS LOOKS LIKE AN AREA THAT COULD BE REALLY PROBLEMATIC. >> YEAH, ALTHOUGH I DON’T MEAN TO AGAIN HAVE COLD WATER ON PEOPLE THINKING THIS MIGHT LEAD DIRECTLY TO A TRUMP INDICTMENT. TO ME WHAT THIS IS IS POTENTIALLY VERY STRONG EVIDENCE THAT THE MANHATTAN DISTRICT ATTORNEY’S OFFICE HAS AGAINST WEISSELBERG. IN OTHER WORDS, HE IS THE ONE WHO IS RECEIVING THE GIFT. HE IS THE ONE WHO HAS AN OBLIGATION IF HE RECEIVED $500,000 TO REPORT IT AS INCOME ON HIS TAX RETURNS. YOU DON’T OVERLOOK $500,000, EVEN IF YOU’RE VERY WEALTHY. AND SO TO ME IT SIGNALS THAT THE MANHATTAN DISTRICT ATTORNEY’S OFFICE HAS NOT YET FLIPPED WEISSELBERG, AND HE REALLY WILL BE AN IMPORTANT WITNESS IF YOU’RE GOING TO MAKE A CASE ON DONALD TRUMP. SO I WOULD SAY THIS IS A GOOD STEP, BUT IT’S A STEP TO A COOPERATING WITNESS, AND IN YOUR FLORIDA STORY ABOUT MATT GAETZ, THAT TO ME IS ONE WHERE THEY’RE EVEN FURTHER ALONG, BECAUSE THERE, THERE CLEARLY IS GOING TO BE A PERSON FLIPPING, AND THAT IS THE RIGHT HAND OF MATT GAETZ. AND SO IT IS GOING TO BE A VERY BAD DAY NEXT WEEK FOR HIM.
