WEBVTT - Bloomberg Law: William Banks on Robert Mueller (Audio)

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<v Speaker 1>In May, a long time Republican activist named Peter Smith

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<v Speaker 1>told The Wall Street Journal that during the Trump campaign

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<v Speaker 1>he had tried to obtain Hillary Clinton's emails from Russian hackers.

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<v Speaker 1>Shortly after revealing his attempt to do so, he apparently

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<v Speaker 1>killed himself in a hotel room. And now the Journal

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<v Speaker 1>reports that Special Counsel Robert Mueller's investigation into possible Trump

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<v Speaker 1>campaign collision with Russia has focused on whether Flynn was

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<v Speaker 1>working with Smith to get the emails from these Russian hackers,

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<v Speaker 1>although there doesn't appear yet to be evidence that her

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<v Speaker 1>server was actually hacked. And today the Washington Post reports

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<v Speaker 1>that President Trump's real estate company before he was president,

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<v Speaker 1>was trying to do a deal for a development of

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<v Speaker 1>a tower in Moscow while Trump was campaigning and just

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<v Speaker 1>before the Republican primaries. Here to talk with us about

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<v Speaker 1>these very interesting developments in the investigation into the Trump campaign.

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<v Speaker 1>His William Banks, director of the Institute for a National

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<v Speaker 1>Security and counter Terrorism at Syracuse University College of Law, Bill,

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<v Speaker 1>this is kind of a strange story, but we're back

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<v Speaker 1>again with um former National Security Director Flynn at the

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<v Speaker 1>center of this investigation, and what exactly are they looking

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<v Speaker 1>at here. Well, it's true that that the Flynn dimensions

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<v Speaker 1>of the investigation seemed to have more alarms than an octopus.

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<v Speaker 1>It it's this is a this is probably an effort

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<v Speaker 1>by Peter Smith and now deceased operatives to make some

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<v Speaker 1>kind of contact, meaningful contact with the Trump administration to

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<v Speaker 1>get them interested in in the Clinton and d n

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<v Speaker 1>C emails that he thought he could get. And Flynn

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<v Speaker 1>was at least one of the persons that he allegedly contacted,

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<v Speaker 1>and apparently, according to what he said to someone before

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<v Speaker 1>he died, that Flynn was willing to work with him

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<v Speaker 1>to make those emails available to the media and then

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<v Speaker 1>could damage the Clinton campaign. If that's true, of course,

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<v Speaker 1>that's a that's a bombshell. We It's going to be

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<v Speaker 1>hard to know since Smith is deceased. Uh, and we'll

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<v Speaker 1>we'll see what Flynn himself is going to say about this.

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<v Speaker 1>I don't believe he said anything that we have access

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<v Speaker 1>to at this point. Bill, what's the law here? What

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<v Speaker 1>what sort of conduct would potentially be a crime if,

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<v Speaker 1>if indeed Michael Flynn has done something. Yeah, So there

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<v Speaker 1>are a couple of things I think that are primarily

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<v Speaker 1>in interest one, of course, is general criminal conspiracies laws

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<v Speaker 1>in the United States and in all fifty states that

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<v Speaker 1>if Flynn was was conspiring with with Smith or anyone else, UH,

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<v Speaker 1>towards for example, theft of material simple theft or computer crimes,

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<v Speaker 1>computer theft, he would be criminally culpable there and and

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<v Speaker 1>more in the in the larger scheme of things. Of course,

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<v Speaker 1>the Muller investigation from the beginning has been about potential collusion,

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<v Speaker 1>and this would be additional evidence of potential collusion involving

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<v Speaker 1>the campaign in particular, UH, a general Flynn bill. You know,

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<v Speaker 1>the Washington Post reported about Trump's company trying to do

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<v Speaker 1>a tower in Moscow. Um. The president uh, in the

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<v Speaker 1>middle of the campaign was you know, after that had

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<v Speaker 1>been quoted as saying, um, that he had zero dealings

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<v Speaker 1>with Russia. You've now got this stuff with Flynn. We

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<v Speaker 1>we get these periodic things in the press about what's

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<v Speaker 1>going on with the investigation. When you put them all together,

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<v Speaker 1>how serious is this looking for the president right now? Well,

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<v Speaker 1>it's still hard to tell about how serious it looks

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<v Speaker 1>to the president himself. I think we're clearly up the

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<v Speaker 1>chain of several of his advisers being implicated here of

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<v Speaker 1>course Flynn and and Bannon and uh and the other

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<v Speaker 1>Smith who was an earlier engaged in the campaign. Whether

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<v Speaker 1>it stands to the president is still very hard to say.

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<v Speaker 1>He's you know, he's been pretty opaque about his his

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<v Speaker 1>dealings there, and he's made a lot of denials. But

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<v Speaker 1>the investigators aren't dogged here, and they're gonna work pretty hard. Uh.

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<v Speaker 1>This is this is by no means finished and by

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<v Speaker 1>no means a slipshot investigation. So we're hearing bits and pieces,

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<v Speaker 1>but it will all come together here or not in

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<v Speaker 1>the two distant future. I think we bill specifically as

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<v Speaker 1>to the term tower in Moscow, I'm curious as to

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<v Speaker 1>what you make of it. Um, it feels a little

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<v Speaker 1>bit like a political bombshell because the president been saying

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<v Speaker 1>he didn't have any ties with Russia. But is there

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<v Speaker 1>a significant legal implication here and not know that probably

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<v Speaker 1>isn't unless there are some kind of quick procoel arrangement

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<v Speaker 1>you know in the in the and what we think

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<v Speaker 1>of as in bribery. You know, if you if you

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<v Speaker 1>build your hotel over here and will assist your campaign

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<v Speaker 1>by providing on on your opposition, that would be another evidence,

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<v Speaker 1>additional evidence of of pollusion and also of underhanded dealings

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<v Speaker 1>and trying to win the election as a candidate. That

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<v Speaker 1>there's no evidence to that effect so far as we know. Well,

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<v Speaker 1>we'd like to. If you're building a hotel, that's all.

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<v Speaker 1>You know. He's building a hotel and looking for favors.

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<v Speaker 1>Businesses do that all the time. Well, this is often

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<v Speaker 1>the case with investigations. Uh, A lot remains to be seen.

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<v Speaker 1>It's gonna be interesting to see what, if anything comes

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<v Speaker 1>together here and how far up in the Trump administration,

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<v Speaker 1>if there is any any findings of criminality, how far

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<v Speaker 1>up it goes, and what the president's involvement was. But

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<v Speaker 1>at this point we still have to wait. Our thanks

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<v Speaker 1>to Bill Banks, the director of the Institute for National

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<v Speaker 1>Security and counter Terrorism at Syracuse University College of Law,