WEBVTT - Kushner Faces Senate Intelligence Panel in Interview (Audio)

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<v Speaker 1>Jared Kushner, President Trump's son in law and close advisor,

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<v Speaker 1>faced questioning from congressional investigators for the first time today.

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<v Speaker 1>In his prepared statement to the Senate Intelligence Committee, Kushner said, quote,

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<v Speaker 1>I did not collude nor know of anyone else in

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<v Speaker 1>the campaign who colluded with any foreign government. Kushner confirmed

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<v Speaker 1>for contacts with Russians during his father in law's presidential

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<v Speaker 1>campaign in the transition, but he described the encounters as

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<v Speaker 1>un memorable. We're going to go live in a few

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<v Speaker 1>minutes to Jared Kushner as he speaks and makes a

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<v Speaker 1>statement to the press outside the White House. Our guests

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<v Speaker 1>are Nato Mariotti, partner at Thompson Cockburn, and Andrew Wright,

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<v Speaker 1>professor at Savannah Law School. Renato, let's start with the arrangement.

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<v Speaker 1>Why is Kushner, at his request, not being questioned under

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<v Speaker 1>oath and what impact does that have on using what

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<v Speaker 1>he said? Well, it's it's it's not uncommon for witnesses

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<v Speaker 1>to be permitted to give an interview that's not in public, uh,

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<v Speaker 1>and that's not under oath. And the reason that Congressional

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<v Speaker 1>committees do that is because it is a crime to

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<v Speaker 1>lie to congress regardless of whether you're under oath or not.

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<v Speaker 1>And so Congress UM I think feels comfortable with that,

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<v Speaker 1>you know, with having an off the record interview for

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<v Speaker 1>that reason. I think it has other advantages as well.

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<v Speaker 1>I mean, when there's a public uh interview that is

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<v Speaker 1>excuse me, a public testimony that is under oath, uh,

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<v Speaker 1>you know, members of the committee can be more focused

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<v Speaker 1>on what the political um appearance of their questioning might

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<v Speaker 1>be as opposed to actually getting the job done and

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<v Speaker 1>asking questions that will generate the evidence that the committee

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<v Speaker 1>needs going forward. Andrew, let's talk a bit about the

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<v Speaker 1>substance of what Mr Kushner said, at least a prepared

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<v Speaker 1>statement UM that he gave to Congress. He described a

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<v Speaker 1>number of meetings that with various different people with some

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<v Speaker 1>contract of the Russian government. Is this the sort of

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<v Speaker 1>you know, the way he paints it is it is

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<v Speaker 1>this this sort of activity one would expect from campaign

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<v Speaker 1>officials to be having with a foreign government during the

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<v Speaker 1>course of a presidential campaign. I think it's pretty clear

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<v Speaker 1>that the Russian government was trying to curry favor and

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<v Speaker 1>perhaps infiltrate the Trump campaign. I think UM plenty of

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<v Speaker 1>UM folks on presidential campaigns. I've worked on one or

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<v Speaker 1>two as well. UM find this um number of meetings

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<v Speaker 1>and the and the nature of some of them to

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<v Speaker 1>be abnormal. UM. Certainly, you know, one would expect that

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<v Speaker 1>during a transition period there would be some contacts with

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<v Speaker 1>foreign governments UM trying to establish relations with the incoming president.

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<v Speaker 1>But I do think that the nature of the contact

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<v Speaker 1>UH is a little bit strange. And you know, my

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<v Speaker 1>colleagues in the Obama administration suggested that they certainly didn't

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<v Speaker 1>have any meetings that were analogous to these during the

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<v Speaker 1>campaigns in two thousand eight or Nado. One of the

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<v Speaker 1>meetings that people have been talking about a lot is

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<v Speaker 1>the one that Donald Trump Jr. And Paul Maniford and

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<v Speaker 1>Kushner attended UM with and the list keeps growing of

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<v Speaker 1>who was there. So he completely downplayed his attendance at

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<v Speaker 1>that meeting, said he didn't even know what it was about.

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<v Speaker 1>That he asked his assistant to get him out of

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<v Speaker 1>there in an email. Did that work as far as

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<v Speaker 1>what you saw? Well, first of all, at the starting point,

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<v Speaker 1>I think it's important to note that you know, as

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<v Speaker 1>you did, that he is trying to distance himself from that,

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<v Speaker 1>from what happened there, and more importantly, from knowing what

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<v Speaker 1>the purpose of the meeting was and who he was

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<v Speaker 1>meeting with. And I think it's important for a couple

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<v Speaker 1>of reasons. One, it shows that his attorneys realized that

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<v Speaker 1>it's problematic legally, UH to be at a meeting for

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<v Speaker 1>the purpose of seeking aid from a foreign government. Um.

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<v Speaker 1>But separate and apart from that, it also he is

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<v Speaker 1>an important thing for him because he needs to disclose

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<v Speaker 1>his contacts with foreign government since the extent he thought

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<v Speaker 1>that this was a representative of foreign government that would

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<v Speaker 1>need to be disclosed. Um. But was it effective. I thought,

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<v Speaker 1>you know, it looked like he was trying to provide

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<v Speaker 1>um excuses and you know, to get around what I

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<v Speaker 1>think is a very obvious piece of evidence that he

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<v Speaker 1>did know what was gonna happened in that meeting, which

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<v Speaker 1>is an email that was directed to him. I mean,

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<v Speaker 1>he's saying he didn't read it and he didn't read

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<v Speaker 1>it carefully. UM. And it's not an uncommon thing to

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<v Speaker 1>have happened when there's a criminal investigation, is that people um,

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<v Speaker 1>you know, don't read um you know well allege that

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<v Speaker 1>they haven't read emails that are problematic. I will say,

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<v Speaker 1>obviously Mr Krishner is a wealthy person and very busy

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<v Speaker 1>and has a lot of responsibilities, and um, the burden

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<v Speaker 1>would ultimately be on the government to prove that he

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<v Speaker 1>knew what the government is going to allege she knew

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<v Speaker 1>when he took that meeting. Well, Andrew, let's also talk

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<v Speaker 1>about another meeting that was discussed in his statement was

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<v Speaker 1>a meeting he had with a a Russian banker named

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<v Speaker 1>Sergey Gorkov, who's the head of a state owned Russian

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<v Speaker 1>bank and allied with President Putin of Russia. Um, And

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<v Speaker 1>according to Mr Krishner's statement, they didn't talk about sanctions

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<v Speaker 1>on Russia at all. And they also didn't talk about

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<v Speaker 1>any loans or banking that Mr Krishner's private business has had.

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<v Speaker 1>And so, you know, I wonder how, you know, investigators

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<v Speaker 1>are going to look at a statement like that about

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<v Speaker 1>us with a you know, about what he would have

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<v Speaker 1>discussed with this banker. Yeah, well, first of all, it's

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<v Speaker 1>kind of an extraordinary meeting. When I was reading his

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<v Speaker 1>prepared statement, my eyes kind of jumped out of my

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<v Speaker 1>head when I saw that it was the Russian ambassador

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<v Speaker 1>who arranged that meeting, was quite insistent, according to Kushner,

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<v Speaker 1>about having that taking that meeting, and that the Russian

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<v Speaker 1>banker was described as, um, you know, very close to

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<v Speaker 1>President Putin. So the you know, I'm not sure what

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<v Speaker 1>work it does to suggest that, you know, that that

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<v Speaker 1>there was some sort of distance. Um, this was clearly

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<v Speaker 1>a Russian government operation. He even brought him a painting

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<v Speaker 1>of his you know, family's hometown in Belarus, So it's

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<v Speaker 1>quite coordinated. Um. So you know, in terms of his

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<v Speaker 1>statement about no sanctions, clearly Russian government is quite interested

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<v Speaker 1>in sanctions. And so you know, that would be one

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<v Speaker 1>of those things that we'd have to test Kushner's credibility

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<v Speaker 1>about whether that was done. Um, it's hard to imagine

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<v Speaker 1>that it was just purely pleasantries if the ambassador was

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<v Speaker 1>so insistent about having the meeting in the first place.

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<v Speaker 1>The other point I'll just make is that Kushner now

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<v Speaker 1>owns those statements for all future investigative activity. He's now

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<v Speaker 1>said declaratively that there were no personal business dealings discussed

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<v Speaker 1>and that there were no ancients discussed, So he will

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<v Speaker 1>have to stand behind that from now on. And also, Renato,

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<v Speaker 1>this was not in his statement, But last week he

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<v Speaker 1>filed an amended financial disclosure that included seventy seven items

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<v Speaker 1>worth at least ten million dollars that were described as

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<v Speaker 1>quote inadvertently omitted from a March filing. The disclosure has

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<v Speaker 1>been revised thirty nine times since its initial filing on

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<v Speaker 1>March nine. Can you make an excuse after it's the

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<v Speaker 1>thirty ninth time or at thirty seven or well, look

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<v Speaker 1>it is always it's evidence. So what the government has

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<v Speaker 1>to prove is that the omissions were knowing and willful, Okay,

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<v Speaker 1>So in other words, that it was something that he

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<v Speaker 1>did on purpose, essentially, you know, showing that he had

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<v Speaker 1>an intend to deceive or you know, or intend to

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<v Speaker 1>um an intend to mislead the government or hi what

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<v Speaker 1>he was doing from the government as opposed to really

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<v Speaker 1>making a mistake or or something like that. The the

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<v Speaker 1>number of times that you revised to form is certainly

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<v Speaker 1>one piece of evidence that the government is going to

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<v Speaker 1>use to show that he knowingly and willfully made those omissions. Now,

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<v Speaker 1>of course, what his camp is going to be saying,

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<v Speaker 1>and the defense would say, is that he's a very

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<v Speaker 1>sloppy person, a very disorganized person, a very busy person.

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<v Speaker 1>He's got a big staff. Maybe they're sloppy, maybe they're disorganized. Um. Obviously,

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<v Speaker 1>the number of omissions are an important piece of evidence.

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<v Speaker 1>I think the other you know, you know, piece of

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<v Speaker 1>evidence that you would be looking at is you know,

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<v Speaker 1>what what were the omissions of and what what was

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<v Speaker 1>he omitting? And you know, if, for example, some of

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<v Speaker 1>the later revisions included meetings that were more and more problematic,

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<v Speaker 1>that might go to suggest that those revisions were done

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<v Speaker 1>with the intent to hide from the government as opposed

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<v Speaker 1>to merely uh, a clerical oversight. Well speaking Andrew of

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<v Speaker 1>you know, how people are going to assess the arguments

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<v Speaker 1>and statements in here and in One of the things

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<v Speaker 1>that I thought was interesting about the statement is that

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<v Speaker 1>there's a sort of bold faced statement about Um that

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<v Speaker 1>the thing that's gotten a lot of publicity, which is

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<v Speaker 1>whether or not Mr Kushner was trying to set up

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<v Speaker 1>some secret back channel communications with the with the Russian government.

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<v Speaker 1>And he says that the fact that he was trying

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<v Speaker 1>to start a dialogue on that with the Russian government

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<v Speaker 1>after election day should be viewed as strong evidence that

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<v Speaker 1>he was not aware of one that existed before election day,

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<v Speaker 1>So is that, Um, you know, is that argument going

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<v Speaker 1>to be persuasive to people? Well, one of the things

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<v Speaker 1>to note is that Kushner doesn't have and his lawyers

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<v Speaker 1>don't have access to all the facts because and presumably

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<v Speaker 1>the Intelligence Committee will have access to the signals, intelligence

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<v Speaker 1>and other things that might lead to contradictions to that statement.

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<v Speaker 1>We've been talking about Ared Kushner's a testimony today after

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<v Speaker 1>not testimony, but questioning from congressional investigators for the first

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<v Speaker 1>time today, and um, that was not one under oath.

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<v Speaker 1>We've been talking with Ernato Mariotti, partner at Thompson Cockburn

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<v Speaker 1>and Andrew Wright, professor at Savannah Law School. Andrew, we

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<v Speaker 1>just heard a very very short statement, no questions from

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<v Speaker 1>Jared Kushner. What was your reaction? I think it was

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<v Speaker 1>just a top line, blanket denial, and it will give

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<v Speaker 1>the media some sound and camera video to run with

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<v Speaker 1>today on the story. It will be very interesting to

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<v Speaker 1>see if there are any leaks or characterizations by members

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<v Speaker 1>of the Senate Intelligence Committee about how that meeting went

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<v Speaker 1>later in the day. So I look forward to seeing

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<v Speaker 1>the story developed throughout the day as we get more information. Bernano,

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<v Speaker 1>he mentioned he'll be talking to House investigators. How long

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<v Speaker 1>do we expect that he's going to be questioned for well,

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<v Speaker 1>I mean, I think he may be questioned for hours

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<v Speaker 1>by both by ultimately both committees, and I doubt that

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<v Speaker 1>this is going to be the last time that Mr

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<v Speaker 1>Krishner's gonna ask questions. So I thought Andy brought up

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<v Speaker 1>a good point when he said that ultimately, uh Krishner

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<v Speaker 1>is going to have locked himself into a certain set

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<v Speaker 1>of facts here, and that's you know, you know what

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<v Speaker 1>why the the statement was so carefully worded. I think

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<v Speaker 1>you know, of all the people swirled up in this investigation,

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<v Speaker 1>the person whose legal strategy I've been mostly impressed with

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<v Speaker 1>has been Jared Kushner's because he's stayed off Twitter and

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<v Speaker 1>stayed off radio and TV shows and is very careful,

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<v Speaker 1>been very careful about what he says to the press,

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<v Speaker 1>and it's generally always been through lawyers. This is the

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<v Speaker 1>first time we've heard in his own words an account

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<v Speaker 1>of what's happened, and ultimately he'll he'll be he'll be

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<v Speaker 1>held to that in future. Questioning Andrew, how smart is

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<v Speaker 1>it that he had a closed door meeting but he

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<v Speaker 1>put out a statement, and now he makes a statement

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<v Speaker 1>before before the cameras which reiterates what he said, so

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<v Speaker 1>he as his his message out there. Yeah, I mean

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<v Speaker 1>he's generally getting to drive the message today on game day. UM.

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<v Speaker 1>You know, obviously the fact that he's doing the interview

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<v Speaker 1>is going to dredge up all the previous reporting and

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<v Speaker 1>that'll get re recited in the news cycles today. But

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<v Speaker 1>he's getting to put his spin on and that was

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<v Speaker 1>really one of the chief benefits of negotiating to a

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<v Speaker 1>private interview for him, um, rather than a public hearing.

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<v Speaker 1>But on the committee side, they get a lot of

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<v Speaker 1>benefits out of this. They've now locked him into certain statements,

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<v Speaker 1>and they haven't given up any of their prerogative to

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<v Speaker 1>be able to bring him back under subpoena voluntarily to

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<v Speaker 1>testify in front of the committee um and in front

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<v Speaker 1>of the public. So I think both sides came away

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<v Speaker 1>um as a legal matter with some benefit to this,

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<v Speaker 1>And Jared Kushner's media strategy is at the center from

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<v Speaker 1>his side of that negotiation. NATO. UM. So just in

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<v Speaker 1>terms of how this will proceed, You've got the special counsel,

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<v Speaker 1>you've got the committees. Once they get these statements from

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<v Speaker 1>Kushner and others under oath, where where does it go

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<v Speaker 1>from here? So not under Earth, I should say where

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<v Speaker 1>does it go now? So I would expect that that

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<v Speaker 1>Mueller's team will be, you know, has already been, you know,

0:13:13.040 --> 0:13:16.920
<v Speaker 1>giving regular reports to Congress about what they're doing and

0:13:17.000 --> 0:13:21.760
<v Speaker 1>coordinating with Congress so that this way there's no um,

0:13:21.800 --> 0:13:24.320
<v Speaker 1>there's no way in which either of the investigations are

0:13:24.400 --> 0:13:26.800
<v Speaker 1>undermining the others so that they can work in concert.

0:13:26.880 --> 0:13:29.679
<v Speaker 1>I know there have been public reports that have suggested

0:13:29.720 --> 0:13:32.360
<v Speaker 1>just that. Uh. And and frankly, from what I've seen

0:13:32.360 --> 0:13:36.640
<v Speaker 1>to you know, the Congressional committees have been very deferential

0:13:36.920 --> 0:13:39.440
<v Speaker 1>of Mueller and the investigation that he's doing. So what

0:13:39.559 --> 0:13:44.000
<v Speaker 1>I would expect is that this interview before Congress would

0:13:44.040 --> 0:13:47.320
<v Speaker 1>be before Congressional committee, would be a piece of evidence

0:13:47.360 --> 0:13:50.800
<v Speaker 1>that Mueller would use. I expect that at some point

0:13:50.800 --> 0:13:54.679
<v Speaker 1>in the future, Mueller will be potentially, you know, seeking

0:13:54.720 --> 0:13:59.400
<v Speaker 1>interviews with many others, uh, including Mr Kushner, and it'll

0:13:59.400 --> 0:14:01.920
<v Speaker 1>be interesting to see if they agree to sit for

0:14:01.960 --> 0:14:04.719
<v Speaker 1>an interview with him. He may try to compel testimony

0:14:04.760 --> 0:14:07.920
<v Speaker 1>before a grand jury. UH. And ultimately that process can

0:14:08.000 --> 0:14:12.160
<v Speaker 1>can take you many months to unfold Andrew. So now

0:14:12.160 --> 0:14:15.520
<v Speaker 1>we're back to Muller and the investigation, and that leads

0:14:15.640 --> 0:14:19.360
<v Speaker 1>us to President Trump and some of his tweets over

0:14:19.360 --> 0:14:22.480
<v Speaker 1>the weekend. The Washington Post reported last week that he's

0:14:22.520 --> 0:14:26.160
<v Speaker 1>been discussing pardons for his aids and even for himself.

0:14:26.280 --> 0:14:30.120
<v Speaker 1>On Saturday, he tweeted that quote, while all agree, the

0:14:30.200 --> 0:14:34.560
<v Speaker 1>US president has the complete power to pardon, so that's

0:14:34.600 --> 0:14:38.200
<v Speaker 1>certainly an overstatement if the president includes himself in that

0:14:38.320 --> 0:14:42.400
<v Speaker 1>pardon power. Is there any indication in the Constitution, in

0:14:42.440 --> 0:14:48.160
<v Speaker 1>the case law, or anywhere that the president can pardon himself? Well,

0:14:48.240 --> 0:14:51.000
<v Speaker 1>it's a slightly trickier question than I'd like it to be,

0:14:51.120 --> 0:14:55.440
<v Speaker 1>to be quite honest. It's the Constitution clearly limits pardon

0:14:55.480 --> 0:14:58.840
<v Speaker 1>power in cases of impeachment, and it clearly only applies

0:14:58.840 --> 0:15:01.920
<v Speaker 1>to federal offenses. Is the question of whether the pardon

0:15:02.360 --> 0:15:05.240
<v Speaker 1>the president can pardon himself? Um? I think is something

0:15:05.280 --> 0:15:07.760
<v Speaker 1>that the Framers didn't probably devent devote a lot of

0:15:07.760 --> 0:15:11.320
<v Speaker 1>time too, because it was such an absurd notion. UM.

0:15:11.920 --> 0:15:15.000
<v Speaker 1>The OLC, Office of Legal Counsel of the Department of

0:15:15.040 --> 0:15:19.360
<v Speaker 1>Justice issued an opinion UH several days before Nixon resigned,

0:15:19.880 --> 0:15:23.120
<v Speaker 1>indicating that it was not permissible or constitutional for the

0:15:23.120 --> 0:15:28.200
<v Speaker 1>president to issue a pardon for himself on the theory

0:15:28.280 --> 0:15:30.360
<v Speaker 1>that no man can be a judge in his own case,

0:15:30.360 --> 0:15:33.120
<v Speaker 1>which is a natural law theory. Others have argued that

0:15:33.200 --> 0:15:35.800
<v Speaker 1>it would violate the structure of the Constitution. Some have

0:15:35.880 --> 0:15:38.360
<v Speaker 1>made a textual argument that the idea of the president

0:15:38.480 --> 0:15:42.560
<v Speaker 1>granting a pardon requires two parties to that transaction. Therefore

0:15:42.600 --> 0:15:44.800
<v Speaker 1>he can't be both the pardoner and the pardon me.

0:15:45.520 --> 0:15:48.200
<v Speaker 1>I think that has the better side of the argument,

0:15:48.240 --> 0:15:49.960
<v Speaker 1>but there are a lot of scholars on the other

0:15:50.000 --> 0:15:52.320
<v Speaker 1>side and legal commentators who believe that there is no

0:15:52.440 --> 0:15:54.640
<v Speaker 1>limitation it would have to be expressed, and that the

0:15:54.640 --> 0:15:57.320
<v Speaker 1>president might have the power to do it as a

0:15:57.360 --> 0:16:00.200
<v Speaker 1>political matter or as a matter of stewardship of our

0:16:00.240 --> 0:16:02.800
<v Speaker 1>government that's supposed to be a nation of laws rather

0:16:02.840 --> 0:16:05.280
<v Speaker 1>than individual leaders. I think it would be quite absurd,

0:16:05.360 --> 0:16:07.920
<v Speaker 1>and I would hope, uh that there would be such

0:16:07.920 --> 0:16:11.400
<v Speaker 1>a violent political reaction um that that would not be

0:16:11.480 --> 0:16:15.440
<v Speaker 1>permitted by any sitting president. We're not knowing about thirty

0:16:15.480 --> 0:16:18.880
<v Speaker 1>seconds we have left. At what point might we see

0:16:18.920 --> 0:16:22.920
<v Speaker 1>the president seriously considering pardons for other members of the

0:16:22.960 --> 0:16:27.200
<v Speaker 1>administration beside himself. I think it would only be when

0:16:27.240 --> 0:16:31.680
<v Speaker 1>they are in very serious legal jeopardy, so until one.

0:16:31.800 --> 0:16:33.680
<v Speaker 1>One thing you need to understand about pardons is that

0:16:33.760 --> 0:16:37.440
<v Speaker 1>they extinguish your Fifth Amendment right not to incriminate yourself.

0:16:37.560 --> 0:16:41.080
<v Speaker 1>So um, there you know. It may be for right now,

0:16:41.280 --> 0:16:43.400
<v Speaker 1>it's in the it's in the president's interest to have

0:16:43.440 --> 0:16:47.600
<v Speaker 1>certain people not before to testify about topics that might

0:16:47.640 --> 0:16:51.280
<v Speaker 1>be problematic. As soon as he gives that that pardon,

0:16:51.400 --> 0:16:54.600
<v Speaker 1>than than that person loses that right and would be

0:16:54.640 --> 0:16:56.680
<v Speaker 1>held in contempt if they refuse to testify. So I

0:16:56.680 --> 0:16:58.840
<v Speaker 1>expect him to do so at the last possible moment.

0:16:59.560 --> 0:17:01.480
<v Speaker 1>Thank you all for being on Bloomberg Law. It has

0:17:01.520 --> 0:17:05.760
<v Speaker 1>been a fascinating discussion. That's Renato Mariotti. He's a partner

0:17:05.800 --> 0:17:10.600
<v Speaker 1>at Thompson Colburne and Andrew Wright, professor at Savannah Law School.