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O`DONNELL: We will have more on the Kavanaugh nomination in a moment. But first, tonight President Trump is ordering the release of documents in the Russia investigation while the Russia investigation is still going on.
Congressman Adam Schiff, the top Democrat on the House intelligence committee, who will join us in a moment, released a statement saying, "President Trump in a clear abuse of power has decided to intervene in a pending law enforcement investigation by ordering the selective release of materials he believes are helpful to his defense team and thinks will advance a false narrative. With respect to some of these materials, I have been previously informed by the FBI and Justice Department that they would consider their release a red line that must not be crossed as they may compromise sources and methods. This is evidently of no consequence to a president who cares about nothing, about the country and everything about his narrow self-interest."
President Trump has ordered the release of all text messages about the Russia investigation from James Comey, Andrew McCabe, Peter Struck, Lisa Page, and Bruce Ohr. He is also ordering the release of 21 additional pages of the secret FISA warrant application to monitor Trump`s former campaign adviser Carter Page.
And joining us now is Congressman Adam Schiff. Congressman, I don`t even know how to form a question almost about this because it`s so unprecedented and it`s so strange that in the middle of an investigation, the FBI is ordered to make public its own information inside an investigation. Is this the president trying to help all of the potential witnesses in the investigation and give them ways of getting through any possible interviews with Robert Mueller?
ADAM SCHIFF, (D) RANKING MEMBER INTELLIGENCE COMMITTEE: Well, I think it`s first and foremost a way of Donald Trump helping his own defense, providing these materials to his own legal defense team. He`s no doubt conferred with his lawyers what information from the investigation would be useful to you. He`s conferred with his TV lawyer Rudy Giuliani what would be useful to you to be able to talk about on TV. And he`s conferred with his allies in Congress.
This takes place, say in this context, Lawrence, yesterday quite unexpectedly, totally out of the blue, the chairman of the intel committee Devin Nunes announces that he is going to release the transcripts of the witnesses we have interviewed. Now, we have been urging that that be done for months and they have refused. We have pressed them and they have refused despite earlier promising to do that.
Why the sudden about-face to be immediately followed by the White House ordering its own release? This is coordinated between the president and his allies, and the precedent and the policy and the norm that we`ve had since Watergate that a president does not interfere in specific cases of justice, let alone in one in which the president himself may be implicated is shattered. And in the process, important sources and important precedent of protecting those sources may be violated by this president who cares little about the national security.
O`DONNELL: Well, this is a president who violated source protections when he was inviting the Russian ambassador and foreign minister into the oval office in his first month in office. This is a consistent pattern with
him. But what more can you tell us about what the FBI and Justice Department told you previously about why none of this should be released?
SCHIFF: Well, a few things. With respect to some of the materials that the president has tonight ordered to be declassified, that the FBI and Department of Justice consider this to be Gang of Eight material. Meaning not only material that shouldn`t be shared publically but material that shouldn`t even be shared outside of the top officials in Congress, the chair and ranking members of the intelligence committees, as well as the speakers and leaders of both House and Senate.
So it`s among in their view material that must be closely held. And beyond that, they have said that release of it, some of it would be a red line, that they would not be willing to cross under any circumstance. So they ought to live up to that. They ought to fearlessly defend their sources. Otherwise, it will not only compromise them but other people will be unwilling to cooperate with our intelligence agencies because they will feel they won`t be protected.
So the FBI, and this will be difficult for the FBI director and the head of national intelligence Dan Coats. Both Christopher Wray and Dan Coats are going to have to stand up to this president and say no. They`re not going to release material that they have committed to keep confidential to protect people. And it`s going to be difficult because the president`s allies in Congress are going to be threatening them with impeachment like they did with Rod Rosenstein. But you have to say no to this president because otherwise, he will continue to ask for more and more and more. And the precedent and the danger it will set will be enormously destructive.
O`DONNELL: But Congressman, does the president have the legal authority to order this release? And if he does, wouldn`t he then just fire anyone who refused?
SCHIFF: He has the power to order things declassified, yes. He has the power to ignore the admonitions of his own intelligence agencies. He has the power to declassify information which would jeopardize U.S. interests. And the response to that would be I`m not going to carry out this order, I will resign if you force me to do this.
Now, I would imagine the Department of Justice and the FBI will try to find some compromise where they propose redactions which, of course, will just lead to another round of complaining by the president and his allies. So where this leads us, I don`t know. Maybe this is merely a distraction from the Kavanaugh problems. But, of course, the people around the world whose identities are, you know, whether they live or die, they look at this president and they wonder whether they should continue to cooperate with the United States.
O`DONNELL: And Congressman, I know you don`t have a vote on the Senate on Supreme Court confirmation, but I want to get your reaction to what we`ve learned about Brett Kavanaugh and what we have now learned about the accuser, Professor Ford, after she went public yesterday in "The Washington Post"?
SCHIFF: Well, these are enormously disturbing allegations and I feel for the woman who has been forced into the spotlight through this and I can only imagine what testifying is going to be like. I don`t think it`s
efficient merely to hear her testimony or the judge`s denials. I think the Senate responsibly needs to look into these allegations.We`re talking about a lifetime appointment to a court which will have a decisive impact for decades. And we need to make sure that people are of upright moral character that we put on that court. So this needs to be thoroughly vetted and those Senators darn well better be respectful of this witness who did not choose to put herself out this way. So you know, frankly, before all this, I would have voted against him for a whole variety of reasons, including his views on whether president is above the law but this needs to be thoroughly vetted by the Senate.
O`DONNELL: And as a former federal prosecutor yourself and an experienced congressional investigator, would you if you remember the Senate judiciary committee demand the testimony of the other people who were at that party, the other boy who the accuser says was in the room for example at the time?
SCHIFF: I would. There are witnesses who will either corroborate or not corroborate what the witnesses are saying. It`s hard to really even make the claim that you`re looking into this in a serious way if you`re going to leave it at he said and she said. So, yes, bring the other witnesses under oath and hear what they have to say. Put them under the penalty of perjury and require them to tell the truth.
As our president has demonstrated time and time again, he`s more than willing to make false statements publicly. He thinks that`s perfectly fine. He himself has distinguished between lying to the public and lying to Bob Mueller, which obviously terrifies him into refusing to speak to the special counsel. But let`s have these other witnesses come and be placed under oath and hear what they have to say.
O`DONNELL: Congressman Adam Schiff, thank you very much for joining us. I appreciate it.
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