CNN "Erin Burnett Outfront" - Transcript: Interview with Rep. Jerrold Nadler

Interview

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[19:27:44] BURNETT: Tonight, defying Congress, refusing to hand over documents and a 12-page letter from Trump's lawyer to the chairman of the House Judiciary Committee, Jerry Nadler. The President says, "No do-over on the Mueller probe."

According to the President's lawyer, quoting here from the 12-page letter, "Congressional investigations are intended to obtain information to aid in evaluating potential legislation, not to harass political opponents or to pursue an unauthorized 'do-over' of exhaustive law enforcement investigations conducted by the Department of Justice." Out front now, one of the people at the center of this feud, the Chairman of the House Judiciary Committee, Democratic Congressman Jerry Nadler.

Chairman, I appreciate your time. So just from what I read there in the 12-page letter, harassed, unauthorized, your response?

REP. JERRY NADLER (D-NY): Well, my response is that the White House and the Department of Justice is enabling the White House to try to evade all accountability to the American people. They're saying that the President is above the law, that Congress has no right to investigate the abuses of power or obstruction of justice or corruption in the administration and that's just wrong.

The President is not above the law. They would make him above the law but the president is not above the law nor is anybody else in the United States and we have to have the ability to investigate these things. And they're also denying our ability to do our job. We have to work to see that prescription drug prices come down that the Affordable Care Act is not destroyed, that the people keep having coverage for pre-existing conditions, that children are not torn from the arms of their parents at the border.

And to do that, we have to be able to hold the administration accountable on behalf of the American people and they're saying that Congress has no right to do this and they're saying that the American people have no right to do this. They're saying in effect the President is a tyrant and a dictator with no limit on his power and that is unAmerican.

BURNETT: So you don't think those words are too strong at this point, a tyrant and a dictator?

NADLER: Well, he's trying to become, I don't know whether he's trying, but the implication of what they're doing would make the president a tyrant in the sense of not being accountable to the American people, not being answerable to Congress and that no one could hold them accountable and that is simply unAmerican and we cannot abide it.

[19:29:59] BURNETT: So the White House for their part in this letter, they reject your demands, Chairman, for documents and testimony from dozens of current and former White House staffers, right, you know, 81, if you count Trump-related entities. You know, they say as I quoted there, you just want a do-over of the Mueller probe.

Do they have a point at all? Is that at all what this is about?

REP. JERRY NADLER (D-NY): No, they do not have a point. They are rejecting not only all of knows requests for information with respect to obstruction of justice and corruption and abuse of power in the administration. They are -- they are rejecting requests for information about prescription drug pricing, about the Department of Justice trying to destroy the Affordable Care Act, about everything, in fact.

And that's why this is central because they are trying to say that the executive branch and the person of the president is accountable to nobody.

BURNETT: So, you're saying they are rejecting everything even on things that have nothing to do with Russia?

NADLER: Yes.

BURNETT: Or Mueller, anything?

NADLER: Yes.

BURNETT: Anything you ask.

NADLER: Basically, yes, that's exactly right. They are denying almost all information. And they are asserting the right of the executive not to be accountable to the American people.

And that cannot be. We cannot have a president who is not accountable.

And the Justice Department is -- is supporting the president in evading the law and becoming lawless. And saying that Congress has no ability to hold him to the law, and that means nobody does.

BURNETT: So, earlier today, you said the Department of Justice appears reluctant to let the special counsel Robert Mueller testify. You said, if we have to, we'll subpoena him.

Now, a Justice Department official then told CNN that Attorney General Bill Barr has no objection to Mueller testifying at all. So, obviously, this is a contradiction.

Does the attorney general not being forthright? What explains this?

NADLER: I don't know what explains this, except that the Department of Justice has not -- has not been willing so far to set a date for Mr. Mueller to testify to us. And we have been asking for quite a while.

BURNETT: Do you think you'll have to subpoena Mueller in order to get him to testify? Are you willing to do it?

NADLER: I don't -- we are certainly willing to do it. We will use the subpoena power and any other legal power we have with respect to Mr. Mueller, with Mr. McGahn , with anybody to do our job of holding the administration accountable, finding out what went on, finding out about obstruction of justice and abuse of power, corruption in the administration, and of getting information necessary for the American people for us to do our job for the American people.

BURNETT: So, you know, you also said House Democrats are seriously considering using congress's contempt powers that you could impose hefty fines by using the powers. Inherent being a crucial word, inherent powers to impose fines and that, you know, if people don't pay the fines you could put them in jail. I mean, what happens here? Can you force them to pay? Is jail literally on the table here?

NADLER: We are looking at all options to deal with the lawless administration. And everything is being looked at.

BURNETT: Everything is being looked at, including possible jail?

NADLER: We're looking at the law. But we will look at all options to force -- to force the administration to hold -- to be able to hold the administration accountable, whatever that may take, whatever legal remedies we have we will use.

BURNETT: And, Chairman, I want to ask you about one other story. The governor of Alabama, she just signed the law banning abortion. It is now done, it's signed, including cases of rape and incest, no abortions possible.

I know you have strong feelings. Today on Twitter, you called the law cruel, unconstitutional.

In your view, is Roe versus Wade really in danger?

NADLER: Yes, Roe versus Wade is in danger. I think the Supreme Court a couple of days ago by 5-4 vote made clear that stare decisis, that is the doctrine that you don't change, overrule prior decisions without very good cause because they are no longer workable, things have changed, is out the window. And I certainly think that anybody in the Senate who says she is pro-choice and voted for Brett Kavanaugh will be shown up as either very short sighted or hypocritical.

BURNETT: Chairman Nadler, thank you.

NADLER: You're welcome.

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