1 00:00:00,000 --> 00:00:02,120 Speaker 1: Well, that was time for our daily Bloomberg Law REEF, 2 00:00:02,200 --> 00:00:04,840 Speaker 1: exploring legal issues in the news. It is brought to 3 00:00:04,880 --> 00:00:09,640 Speaker 1: you by American Arbitration Association, International Trade or Business Dispute 4 00:00:09,680 --> 00:00:13,320 Speaker 1: Resolve Faster with the International Center for Dispute Resolution, the 5 00:00:13,400 --> 00:00:16,439 Speaker 1: leader in alternative dispute resolution around the world i c 6 00:00:16,640 --> 00:00:20,439 Speaker 1: d R dot org. Today, Bloomberg Laho student Grosso and 7 00:00:20,440 --> 00:00:24,840 Speaker 1: Greg sture discuss acting FBI Director Andrew McCabe's statements in 8 00:00:24,920 --> 00:00:29,639 Speaker 1: Congress that James Comey's expulsion has not impacted any FBI 9 00:00:29,720 --> 00:00:33,280 Speaker 1: investigations into Russian interference in the election. They speak with 10 00:00:33,320 --> 00:00:36,760 Speaker 1: Stanford Levinson, a professor at the University of Texas Law School, 11 00:00:37,000 --> 00:00:40,120 Speaker 1: and Philip Bobbitt, director of the Center for National Security 12 00:00:40,360 --> 00:00:43,519 Speaker 1: at Columbia Law School. For those people who are concerned 13 00:00:43,520 --> 00:00:46,479 Speaker 1: about the firing of Jim Comey, how reassured should they 14 00:00:46,520 --> 00:00:49,199 Speaker 1: be because of the things that Andrew McCabe said. He 15 00:00:49,280 --> 00:00:52,400 Speaker 1: also talked about how there's no effort to impede the investigation. 16 00:00:52,640 --> 00:00:56,360 Speaker 1: Is that reassuring? It is from one perspective that I 17 00:00:56,680 --> 00:01:01,279 Speaker 1: actually do believe that the e I will be diligent 18 00:01:02,000 --> 00:01:06,680 Speaker 1: in seeking out evidence wherever it leads But the point is, 19 00:01:06,760 --> 00:01:09,440 Speaker 1: and this is what got Comy into some trouble in 20 00:01:09,480 --> 00:01:12,760 Speaker 1: the first place. It's not the THEI decides whether or 21 00:01:12,760 --> 00:01:17,039 Speaker 1: not to prosecute. That's a subject for the Justice Department. 22 00:01:17,520 --> 00:01:19,959 Speaker 1: And to put it mildly, I think there is a 23 00:01:20,000 --> 00:01:24,800 Speaker 1: lot of concern about whether the Justice Department will be 24 00:01:24,920 --> 00:01:29,720 Speaker 1: sufficiently independent to make the decision to prosecute or not 25 00:01:29,800 --> 00:01:34,759 Speaker 1: to prosecute unprofessional rather than Rawley political ground phil There 26 00:01:34,760 --> 00:01:40,000 Speaker 1: have been calls for an independent council, and Senator Richard Blumenthal, 27 00:01:40,080 --> 00:01:44,040 Speaker 1: among others, has said that he'll introduce legislation to re 28 00:01:44,280 --> 00:01:48,720 Speaker 1: establish an independent council if a special prosecutor isn't appointed. 29 00:01:48,920 --> 00:01:53,720 Speaker 1: Another option is an independent commission. How likely are any 30 00:01:53,760 --> 00:01:57,400 Speaker 1: of these to get through? My guess is at the 31 00:01:57,520 --> 00:02:02,280 Speaker 1: likeliest would be a Senseley Committee. The next likely would 32 00:02:02,280 --> 00:02:07,120 Speaker 1: be an independent commission who's whose members were selected in 33 00:02:07,200 --> 00:02:11,600 Speaker 1: some kind of negotiations between the White House and the Congress. 34 00:02:11,960 --> 00:02:15,880 Speaker 1: That the least likely is a new statute authorizing and 35 00:02:16,000 --> 00:02:19,640 Speaker 1: independent council. And the reason for that is because we've 36 00:02:19,680 --> 00:02:22,880 Speaker 1: been there before. H Not only are their doubts about 37 00:02:22,919 --> 00:02:26,640 Speaker 1: the constitutionality of such a statute, our experience with it 38 00:02:26,639 --> 00:02:29,440 Speaker 1: has not been a very wholesome one. Do you remember 39 00:02:29,480 --> 00:02:35,520 Speaker 1: perhaps Judge Starr's investigations of President Clinton. It's as unusual 40 00:02:35,560 --> 00:02:40,000 Speaker 1: constitutional animal, sort of not really in Article tow or 41 00:02:40,160 --> 00:02:43,800 Speaker 1: Article one or Article three, and it seems to have 42 00:02:43,919 --> 00:02:47,880 Speaker 1: a sort of an inertial force to take on a 43 00:02:47,960 --> 00:02:51,440 Speaker 1: scope that I think the Congress would be unlikely to reauthorize. 44 00:02:52,000 --> 00:02:55,160 Speaker 1: And Stanford Levinson, a professor at the University of Texas 45 00:02:55,160 --> 00:02:57,760 Speaker 1: to Law School, and Philip Bobbitt, Director at the Center 46 00:02:57,800 --> 00:03:01,399 Speaker 1: for National Security at Columbia Lass School, speaking with Bloomberg 47 00:03:01,440 --> 00:03:03,880 Speaker 1: Law host Doing Grosso and Greg's store. You can listen 48 00:03:03,880 --> 00:03:06,520 Speaker 1: to Bloomberg Law weekdays at one pm Wall Street Time 49 00:03:06,639 --> 00:03:10,200 Speaker 1: here on Bloomberg Radio Now. Among the top legal stories 50 00:03:10,240 --> 00:03:13,800 Speaker 1: from Bloomberg Law, a judge in Delaware has given signa 51 00:03:13,840 --> 00:03:16,440 Speaker 1: approval to walk away from its forty eight billion dollar 52 00:03:16,480 --> 00:03:19,760 Speaker 1: merger with Anthem that happened three months after another judge 53 00:03:19,800 --> 00:03:22,919 Speaker 1: blocked the health insure deal for at a competitive reasons. 54 00:03:22,919 --> 00:03:25,440 Speaker 1: The ruling means Anthem could end up having to pay 55 00:03:25,600 --> 00:03:29,000 Speaker 1: one point nine billion dollars in breakup fees and thirteen 56 00:03:29,000 --> 00:03:32,800 Speaker 1: billion dollars in damages to signa a federal judge plans 57 00:03:32,800 --> 00:03:35,680 Speaker 1: to get final approval to Volkswagen's one point two billion 58 00:03:35,720 --> 00:03:39,200 Speaker 1: dollars settlement and the emissions cheating scandal. The latest agreement 59 00:03:39,280 --> 00:03:43,280 Speaker 1: requires VW to compensate owners of diesel engine vehicles, fixed 60 00:03:43,320 --> 00:03:46,840 Speaker 1: about fifty eight thousand cars and buy back another twenty thousand. 61 00:03:47,240 --> 00:03:50,200 Speaker 1: All told, VW is committed to spending almost twenty five 62 00:03:50,280 --> 00:03:53,680 Speaker 1: billion dollars in North America to settle lawsuits and buy 63 00:03:53,680 --> 00:03:57,880 Speaker 1: back or repair some five hundred sixty thousand vehicles. And 64 00:03:57,960 --> 00:04:00,320 Speaker 1: that's this morning's Bloomberg Law Brief. You can find more 65 00:04:00,400 --> 00:04:03,280 Speaker 1: legal news at Bloomberg law dot com and Bloomberg b 66 00:04:03,480 --> 00:04:07,080 Speaker 1: NA dot com. Attorneys will find exceptional legal research and 67 00:04:07,160 --> 00:04:10,520 Speaker 1: business development tools there as well. Visit Bloomberg law dot 68 00:04:10,560 --> 00:04:13,640 Speaker 1: com and Bloomberg b NA dot com for more information