Welcome back to the Dersho two items breaking news number one the Yankees are ahead that could be changing by the time the show is over.

And number two this won't change Igor Denchenko the man who was a source for the.

Fony arguments about Russian collusion and the dossier was acquitted by the jury I predicted it I predicted he'd be acquitted I predicted it on a number of radio and TV shows.

Because juries don't like.

Convicting people of lying to the FBI FBI is ladle out of them.

You're not under oath most people don't know that you have tell the truth when you talk to prosecutors they don't have to tell the truth to you we have to tell the truth to them.

One of the most famous cases of that was Martha Stewart I played a small role at the very very very very end of that case Martha was the husband of one of my law school classmates so I knew her back in 1959.

That's a long long time ago but you know she was being investigated for insider trading and she was never charged with that but she was charged with lying to the US attorneys and probably they sprung a perjury trap on her you know what a perjury trap is it's so simple.

Prosecutors of the FBI or the grand jury or a congressional committee like the kangaroo committee that we see an operation now they ask the witness a question that they already know the answer to giving you an example I had a case some years ago where my client was a builder in Boston.

He had paid a $1,500 bribe to a building inspector to get his building built in a timely fashion the building inspector said basically you wanted to go up slow you wanted to go up fast if you wanted to go up fast $1,500 paid the $1,500 and the building inspector was an informer and he wired and taped the whole thing so the FBI had a tape recording of him giving $1,500 in unambiguous terms.

So then they asked him the question have you ever paid money to a building inspector knowing the answer but giving him an opportunity to lie lied and eventually we won the case.

The courts have held not all courts but some courts have held that it's not the proper function of investigating committee or a congress or a grand jury to get somebody to lie the purposes to get information if you already have the information then.

And then the question was inappropriate and in the down in Chanco case I suspect jurors came to several conclusions number one the answers was somewhat ambiguous there wasn't you know were you involved tomorrow on the night of December 7th and he says no and this you know tell reservations and tickets the questions were more a matter of degree and he wasn't under oath and so the jury acquitted him as I said as I said they would.

You know Durham has not one cases in court he's done a pretty good job out of court in gathering material but then you know really isn't his job as a special prosecutor he's supposed to bring cases and I don't think we'll see much more in terms of cases brought by Durham.

All right that's the breaking news now let's go to a to an old story.

When Hillary Clinton ran against Donald Trump in 2016 Republicans announced that a Hillary Clinton won the election they would impeach him impeach her even before she took office.

Then when Donald Trump won the election Lawrence tribe and others said we should impeach president Trump even before he takes office from the day he takes office he should be impeach then they impeached Donald Trump twice I was involved in the first one and I argued correctly that the impeachment was unconstitutional the Constitution is very clear there are only four grounds for impeachment and their specified treason nobody suggested any of these folks committed treason.

bribery they didn't charge them with bribery high crimes or misdemeanors and and other high crimes and misdemeanors misdemeanors is obviously referring to high misdemeanors misdemeanors of a kind that involve governance but if you look at those words treason bribery other crimes and misdemeanors is obvious and other high crimes and misdemeanors particularly with the word other means criminal type conduct akin to treason of bribery.

treason of bribery other high crimes and misdemeanors it's part of the general clause the framers of the Constitution were very clear they rejected an opportunity to have a president impeached on maladministration and they would never have accepted abuse of power obstruction of Congress and I argue that the Senate of successfully back in 2000.

so now the shoes on the other foot now you get republicans some hopefully not very many Congresswoman green from from Georgia is among them but never take her to seriously she says as soon as the republicans take over the house which is very possibly they will do after the midterm elections the first thing should be to impeach president Biden and there have been another handful of republicans.

there have been another handful of republicans who said the same thing well let me be very clear very very clear if that happens I will strongly oppose it I'm not going to defend him in court I guess I won't be asked but I will defend him in the court of public opinion and I will make precisely the same case I made on behalf of Donald Trump on behalf of Joe Biden was good for the goose the passing the shoe on the other foot test.

but what's going to happen is everybody else in the world is going to be a hypocrite I overstated but it's very close to being true a lot of republicans who supported me and said oh you need.

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