CNN "Erin Burnett Outfront" - Transcript: Interview with Rep. Jerry Nadler (D), New York

Interview

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OUTFRONT now, the man slated to become chairman of the House Judiciary Committee in January, Democratic Congressman Jerry Nadler of New York.

Congressman, I appreciate your time.

So, Rudy Giuliani, hey, no talk of a pardon for Paul Manafort. I'm telling him not to do it. It will be misunderstood.

What's your takeaway? Is he dangling the idea out to Manafort or is he trying to tell the president not to do it?

REP. JERRY NADLER (D), RANKING MEMBER, JUDICIARY COMMITTEE: Well, I suspect the dangling of pardon in front to Manafort, but the president should understand that even dangling a pardon in front of a witness like Manafort is dangerously close to obstruction of justice and would just fortify a claim -- a charge of obstruction of justice against the president, you know, because Manafort is a demonstrated -- a criminal, a convicted criminal, a convicted liar, and someone who is lying again now according to the special counsel, and someone whose lies -- or whose telling the truth may implicate the president in collusion with the Russians to try to rig the election.

And any attempt to get him to change his testimony or not testify by dangling a pardon would be obstruction of justice.

BURNETT: And what the president, of course, has taken the opportunity whenever possible to express sympathy for Manafort even after he was convicted. Here he is.

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NADLER: Well, what's very sad is that the president's campaign was run by people who are now almost all convicted criminals. And by expressing great faith in someone who is an admitted felon -- remember, he pled guilty to felonies -- and the president is not performing his job as chief law enforcement person in the country.

And again, he should be very careful how he deals with Paul Manafort because of the possibility of obstruction of justice.

BURNETT: I want to ask you about something he said in the interview with the "Washington Post." The president says he has no intention of stopping the Mueller probe, Congressman. He says, in part, quote, the Mueller investigation is what it is. It just goes on and on. The question has been asked about me now for almost two years and he is still there. He wouldn't have to be, but he is still there, so I have no intention of doing anything.

Congressman, you've been adamant that there needs to be a formal bill to protect Mueller. Is it time to let the issue go? It has been two years. He loves to say bad things about him but he hasn't done anything. Take him at his word, he's going to leave him alone.

NADLER: Well, first of all, he has done something. He fired Attorney General Sessions simply because -- and he said so simply because he recused himself from the investigation, from supervising the investigation and he didn't protect the president. That's the president saying that.

And he put in as attorney general, Whitaker, who has no credentials for the job, whose only qualification is that he has already pre- judged the issue. He said that this was -- that there was no Russian collusion despite what -- there was no Russian interference in the election despite what all the intelligence agencies said. He's prejudged the issue.

And he's put someone in charge there who could very well interfere with the election -- with the investigation in ways that we wouldn't know until later. Whitaker could tell Mueller, don't indict this person, don't follow that line of inquiry, and we wouldn't know about it until the end of the investigation. We would have to report to Congress.

BURNETT: So, I want to ask you about Whitaker, but first former FBI Director Jim Comey, Republicans on your committee have subpoenaed him to testify behind closed doors next week. It would be about Hillary Clinton, Russia investigation, e-mails. Comey says fine but it's got to be public.

The current chairman of your committee last night told me that it would be wrong to do this in public. [19:50:01] His comment was as director of the FBI -- this is

Congressman Goodlatte, James Comey never conducted an interview like that in public. And that's what you do when you're gathering information. You want to do in private, so other witnesses don't hear the testimony of other people.

Does he have a point?

NADLER: He is entirely wrong. That was a very abusive subpoena because Comey has agreed -- has volunteered to testify in public. Yes, in a criminal investigation, if you are a criminal prosecutor, you might elect to do certain investigations -- certain interrogations privately, but not in a congressional investigation like this.

And the fact is that there is nothing to fear because Comey has testified in public previously and he's been shouting from the roof tops what he wants to say. So, there is no danger.

BURNETT: Speaking of shouting from the roof tops, today he did just that. Here is what he had to say about Mr. Whittaker.

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BURNETT: He may not be the sharpest knife in our drawer. Do you support that sort of talk about someone from the former FBI director?

NALDER: Well, he can say what he wants. I'm not going to comment on that. But he is -- but the fact is that Whitaker is there I believe illegally because his name was never submitted for confirmation. And again, his only qualification is that he's pre-judged the issue and he's ion effect volunteered to sabotage the investigation. And that is wrong.

He has no other visible qualifications for the job at all.

BURNETT: All right. Of course, some colleagues on the Republican side say he has assured them he won't interfere with it. But obviously understand your point as well. Thank you, sir.

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