CNN "The Situation Room" - Transcript: Interview With New York Congressman Jerrold Nadler

Interview

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BLITZER: All right, Jim, thank you, Jim Acosta in New Jersey.

Let's get some more in all of this.

Democratic Congressman Jerry Nadler of New York is joining us. He's the top Democrat, the ranking member on the House Judiciary Committee.

Congressman, thanks so much for joining us. REP. JERROLD NADLER (D), NEW YORK: Thank you.

BLITZER: Do you believe Robert Mueller should agree to an interview with the president without questions, specific questions being asked about obstruction of justice?

NADLER: I think Mueller should insist on asking the president any questions that he thinks relevant to his investigation.

Only he knows where the investigation is leading. Only he knows what the evidence he already has is, and only he can make that decision. And the president, I think, is duty-bound to answer any questions that the special prosecutor -- special counsel, I should say, may ask.

BLITZER: As you know, the president could drag this all out past the midterm elections in November. There's a good chance, as you know, that Democrats, they could win back the majority in the House of Representatives, which would make you the chairman of the House Judiciary Committee.

As chairman, what actions would you take if the president refuses to comply with Mueller's request for an interview?

NADLER: Well, if the president refuses to comply with Mueller's requests for an interview, I presume Mueller would issue a subpoena.

There's well-defined case law from the Nixon case, the Paula Jones case with Clinton that he would get the subpoena, and he would answer.

Now, it's beyond imagination that the president would defy a subpoena from the court. He could appeal it, but if the court makes a final decision that he must comply with a subpoena, he would -- he would have to.

BLITZER: But that could go all the way to the Supreme Court for a decision, right?

NADLER: It could.

It could, although I think it's a fairly open-and-shut case. It would go very rapidly, I would think.

BLITZER: Your colleague Adam Smith from Washington state told me yesterday he fears that the makeup, the current makeup, the likely makeup of the Supreme Court could bode well for the president.

NADLER: That's speculation. It might.

But the fact is, the Nixon case was an 8-0 decision, with four Republican appointee. The case with Bill Clinton with Paula Jones was also a pretty unanimous decision, as I recall.

Unless the court has really changed where it wants to be, and wants to say the president is really above the law, I don't see that as likely that they wouldn't grant the subpoena. BLITZER: As you know, some members of your party, the Democratic Party, they want impeachment to be on the table. Would you consider that if you were the chairman of the House Judiciary Committee?

NADLER: Well, I think that it's too early to say.

We have to see what the special counsel comes up with, what evidence he has, and what high crimes and misdemeanors seem provable against the president, if any. It is very irresponsible to start an impeachment if you don't really have the material. It's probably irresponsible not to do it if you do.

BLITZER: What I hear you saying is you really want to wait until Mueller finishes the investigation, then make a decision.

NADLER: Oh, I think that's clear.

BLITZER: According to "The Wall Street Journal," Congressman, the president's longtime former attorney and fixer, Michael Cohen, is being investigated right now for potential tax fraud.

If charged, that could push him to cooperate with Mueller's Russia probe. Do you think he could be a key witness?

NADLER: He might.

I mean, one thing we have to realize is that what the public knows, what you and I know about this investigation is probably a fraction of what Mueller knows at this point. We don't know a lot of the testimony, et cetera.

It's certainly conceivable that Cohen, who was very close to the president in many ways for a long time, could be a key witness.

In particular, for example, as I recall, there is a -- there was a statement or evidence or tape or something that Cohen said that he was present, along with others, unnamed others, when the president agreed to that June 16 meeting in Trump Tower. And that would be key testimony, if that's the case.

BLITZER: As far as we know, Mueller hasn't yet interviewed Michael Cohen.

Do you think Mueller needs Cohen's testimony?

NADLER: That, I don't know, because we don't know what he has already.

BLITZER: Well, let me ask you a final question while I have you.

The election tonight, the special election in Ohio, how do you think the Democrats are going to do?

NADLER: Well, I think this is a -- I think it's a district that Trump carried by, what, 13 or 14 points. It's a district that has been Republican since 1982, and heavily so. And the very fact that the Danny O'Connor, the Democratic candidate, is, depending on the poll, one point up or one point down, is extraordinary. It shows that the Democrats are way overperforming. And if he wins, that will be a tremendous victory.

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If he comes close, that will be a tremendous victory and indication that we're likely to carry the House.

BLITZER: Yes, the president carried that district by 11 points. But it's been about 30 years since a Democrat represented that congressional district.

NADLER: But if we -- if the Democratic candidate comes close or wins, that shows a massive shift in a Republican district toward the Democrats.

And it will be right in line with what we have seen in other special elections, some of which we have lost, some of which we have won, but in all of which we have way overperformed prior years. And if we were way overperform prior years in the same percentages in November, we will win a great victory.

BLITZER: Let's see what happens. The polls close at 7:30 p.m. Eastern in Ohio.

Congressman Nadler, thanks for joining us.

NADLER: Thank you.

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