MSNBC "All in with Chris Hayes" - Transcript:

Interview

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HAYES: They rejected what now? That is extremely incorrect. The Russians are, of course, the ones that hacked the DNC e-mails. According to Ken Gude of the Center for American Progress, WikiLeaks dropped the Podesta e- mails less than an hour after the Access Hollywood tape came out and Trump sited them more than 150 times in his final 30 days of the campaign. Joining me now is Ranking Member of the House Judiciary Committee Congressman Jerry Nadler, Democrat of New York. First, Congressman, what do you think of the notion that a year is enough and it`s dragged on too long?

REP. JERRY NADLER (D-NY), RANKING MEMBER, HOUSE JUDICIARY COMMITTEE: Well, a year historically has not been enough. The Watergate prosecution as you pointed outlasted two years. The Benghazi probe which came over nothing lasted three years and the fact of the matter is that we know that so far, the Mueller investigation has been leak proof but what we know is they`ve gotten 19 or 20 indictments, they`ve gotten a bunch of guilty pleas and they`re going forward. And by the way, this cannot be wrapped up at least the obstruction of justice part of it cannot be wrapped up till after the President is interviewed by Mueller. And if he wants it wrapped up, he`ll submit to an interview and won`t make them drag him through a subpoena which would take months and months before he would end up inevitably testifying.

HAYES: Rudy Giuliani, the President`s lawyer who we just learned is working for free has argued that because the DOJ guidance that the President can`t be indicted he, therefore, cannot be subpoenaed even, his testimony cannot be compelled, do you agree with that?

NADLER: That`s frankly nonsense. Every man`s evidence is available to the courts and to justice. Whether the President can be indicted by the way is debatable. There are office of legal counsel opinions that say he cannot be, there are opinions from Ken Starr`s office and Leon Jaworski`s office that says he can be. I personally think he can be because to say he cannot be indicted is to say that he is above the law and that the framers set up another king which they were rebelling against which is inconceivable. But he certainly can be subpoenaed and as President Clinton was subpoenaed in the Paula Jones case and as Nixon was in his case.

HAYES: The tapes were subpoenaed specifically just to note that.

NADLER: There`s no difference between subpoenaing documents and testimony.

HAYES: The other argument that I`ve heard from Rudy Giuliani is that essentially that Mueller is running a sort of shadow impeachment campaign because Democrats don`t have the House and this is -- this is what this is all about, that they don`t have the House and so this is -- Mueller is essentially trying to do what Democratic politics can`t do.

NADLER: Well, that`s ridiculous. Again, there`s been no leaks from this investigation. All we know are the people who have been indicted, we know the people who pled guilty and we know the court filings. And they don`t indicate anything about the investigation other than that it seems to be very thorough and rapid. And the fact of the matter is that three things have to happen. The President has to testify which he will sooner or later. The Special Prosecutor has to write a report which he will, I assume. And we have to make sure ha that report is given to the public so we know what`s going on. And based on the evidence that comes out in that report, then Congress will have to make decisions about what if any action to take. But key is that -- is that all of that has to be public and that we have to insist that that report comes out before the election that our Republican colleagues join us in making sure that that report becomes public. And if they do not, that will be an election issue.

HAYES: I just heard something there I don`t think I`ve heard before. Insist it happens before the election. Do you have concerns --

NADLER: No, I didn`t say that. No, I didn`t say that. I said if the report comes out before the election insists that it be made public.

HAYES: Oh, I see. So if the report is completed, what you`re saying is it must be the case that upon completion and transmission to Congress, that be made public more or less immediately particularly if there`s a question about whether it would be public before or after the election.

NADLER: Well, whether it`s -- whenever the report comes out whether it`s before or after the election, it should be made public. And what I simply said if it`s before the election, I would hope Our Republican colleagues would join us in insisting that it be made public at that point.

HAYES: All right, Congressman Jerry Nadler, thanks for being with me.

NADLER: You`re welcome.

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