1 00:00:00,040 --> 00:00:02,880 Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring 2 00:00:03,000 --> 00:00:04,920 Speaker 1: legal issues in the news, and it's brought to you 3 00:00:04,960 --> 00:00:09,720 Speaker 1: by American Arbitration Association. Business disputes are inevitable, resolve faster 4 00:00:09,800 --> 00:00:13,680 Speaker 1: with the American Arbitration Association, the global leader in alternative 5 00:00:13,680 --> 00:00:16,760 Speaker 1: dispute resolution for over ninety years. More at a d 6 00:00:16,920 --> 00:00:20,640 Speaker 1: r dot org. Today Bloomberg, lahst Jun Grasso, and Michael 7 00:00:20,720 --> 00:00:24,279 Speaker 1: Best discussed the legality of communications between the FBI and 8 00:00:24,320 --> 00:00:28,200 Speaker 1: the White House about investigations into Russian interference in the 9 00:00:28,240 --> 00:00:31,680 Speaker 1: twenty six presidential election. They speak with Matt Miller, a 10 00:00:31,720 --> 00:00:34,720 Speaker 1: partner at Vianovo and former director of the Office of 11 00:00:34,760 --> 00:00:39,600 Speaker 1: Public Affairs at the Department of Justice under President Obama. Matt, 12 00:00:40,040 --> 00:00:44,360 Speaker 1: what are the rules in the federal government about FBI 13 00:00:44,560 --> 00:00:49,479 Speaker 1: contact with the White House on pending investigations? So there 14 00:00:49,479 --> 00:00:51,479 Speaker 1: are a couple things that are relevant here. One is 15 00:00:51,520 --> 00:00:55,600 Speaker 1: that the FBI under longstanding practice that applies not just 16 00:00:55,640 --> 00:00:58,760 Speaker 1: to the White House, but anyone that they're investigating. They don't, 17 00:00:58,800 --> 00:01:03,000 Speaker 1: you know, they don't form the subjects of their investigations. Uh, 18 00:01:03,040 --> 00:01:05,080 Speaker 1: what is true in a news story? What's not true? 19 00:01:05,120 --> 00:01:07,400 Speaker 1: So if you're a major bank that's being investigated by 20 00:01:07,400 --> 00:01:09,679 Speaker 1: the FBI, and the New York Times writes a story 21 00:01:09,720 --> 00:01:11,840 Speaker 1: and you call them up, they won't tell you, oh no, 22 00:01:12,200 --> 00:01:14,240 Speaker 1: that that thing you read the story is not true, 23 00:01:14,480 --> 00:01:16,720 Speaker 1: because they don't do that. And of course, in this case, 24 00:01:16,760 --> 00:01:18,840 Speaker 1: the White House may not be a subject of investigate 25 00:01:18,880 --> 00:01:22,440 Speaker 1: this investigation, but we know that the president's campaign associates are, 26 00:01:22,640 --> 00:01:25,959 Speaker 1: and the president's campaign is and being potentially the President himself, 27 00:01:25,959 --> 00:01:27,679 Speaker 1: and their number of people in that White House who 28 00:01:27,680 --> 00:01:31,080 Speaker 1: worked on the campaign. So there's a there's a problem 29 00:01:31,120 --> 00:01:34,200 Speaker 1: there with the FBI communicating with them. And then it's 30 00:01:34,280 --> 00:01:37,240 Speaker 1: it's compounded by the fact that they're long standing Department 31 00:01:37,280 --> 00:01:41,400 Speaker 1: of Justice guidelines that say any contact between the Justice 32 00:01:41,400 --> 00:01:44,160 Speaker 1: Department and the White House are supposed to be funneled 33 00:01:44,200 --> 00:01:47,840 Speaker 1: through very prescribed channels to make sure there is no 34 00:01:47,960 --> 00:01:51,800 Speaker 1: communication about an investigation, because then there's the potential for 35 00:01:51,800 --> 00:01:54,280 Speaker 1: the White House to tamper with that investigation, to try 36 00:01:54,320 --> 00:01:57,120 Speaker 1: to influence it, to try to pressure the FBI that 37 00:01:57,800 --> 00:02:02,000 Speaker 1: do we know from the FBI that the FBI actually 38 00:02:02,080 --> 00:02:05,680 Speaker 1: did tell the White House things about the investigation or 39 00:02:05,720 --> 00:02:08,640 Speaker 1: is that coming from the white House. It's all coming 40 00:02:08,680 --> 00:02:11,800 Speaker 1: from the White House. Um, And and that is a 41 00:02:11,800 --> 00:02:14,920 Speaker 1: problem here because UM, I don't think this is a 42 00:02:15,000 --> 00:02:17,639 Speaker 1: partisans thing to say the White House. This White House 43 00:02:17,680 --> 00:02:20,240 Speaker 1: has a credibility problem. There are a number of, you know, 44 00:02:20,480 --> 00:02:23,079 Speaker 1: documented instances in which the White House has said things 45 00:02:23,120 --> 00:02:25,959 Speaker 1: that turn out later to not be true. So it's 46 00:02:25,960 --> 00:02:29,400 Speaker 1: been reported that that, um, the direct deputy It's been 47 00:02:29,440 --> 00:02:32,160 Speaker 1: reported from the White House to reporters that the deputy 48 00:02:32,240 --> 00:02:36,239 Speaker 1: director said these reports were bs those were the quotes, 49 00:02:36,919 --> 00:02:39,720 Speaker 1: um they used. We don't know if that's exactly what 50 00:02:39,760 --> 00:02:42,320 Speaker 1: they said. It could be that there was some minor 51 00:02:42,360 --> 00:02:44,519 Speaker 1: thing that they would quibble with in that New York 52 00:02:44,560 --> 00:02:47,760 Speaker 1: Times story, But that doesn't mean, uh, the entire story 53 00:02:47,840 --> 00:02:50,000 Speaker 1: was wrong or the import of the story was wrong. 54 00:02:50,040 --> 00:02:52,760 Speaker 1: And the FBI so far has neither commented on it 55 00:02:53,080 --> 00:02:55,320 Speaker 1: on the record. Nor if you look at the reporters 56 00:02:55,320 --> 00:02:57,160 Speaker 1: that are coming as closely, they're not even really getting 57 00:02:57,160 --> 00:03:00,520 Speaker 1: a lot of background guidance from the Bureau. That's Matt Miller, 58 00:03:00,600 --> 00:03:03,519 Speaker 1: a partner at Viennovo, speaking with Bloomberg, Laho, s jum Crasso, 59 00:03:03,600 --> 00:03:06,200 Speaker 1: and Michael Best. You can listen to Bloomberg Law weekdays 60 00:03:06,240 --> 00:03:10,239 Speaker 1: at one pm a Wall Street time here on Bloomberg Radio,