In her second cable news appearance in as many nights, an attorney linked to both Donald Trump and Fox News host Sean Hannity got into a shouting match with MSNBC’s Chris Hayes over the president’s constitutional authority to fire people.
From the very beginning of her interview, attorney Victoria Toensing argued that Trump has the authority under Article 2 of the U.S. Constitution to fire people as he sees fit — her go-to response when asked about the president’s potential obstruction of justice when firing former FBI director James Comey.
“I’ve heard that argument before,” Hayes shot back. “[Trump-linked Harvard Law professor] Alan Dershowitz has made it, Joseph diGenova, your husband, has made it.”
The host began to explicate Toensings argument when she cut him off, loudly saying “no, no, no” when she disagreed with him in saying she believes it’s “impossible for the president to obstruct justice” when using his authority under the constitution.
He then offered a thought experiment: if President Obama were to have fired the U.S. attorney in Newark, New Jersey who investigated Sen. Robert Menendez (D-NJ) because “he wanted that senators vote,” would that be obstruction of justice? According to Toensing, it would not.
“You think that’s fine?” the host pressed.
“He can fire U.S. attorneys,” the former federal prosecutor told Hayes. “I’m just telling you what the law is.”
“No it’s not!” he shot back, to which Toensing responded with a quip telling the host he should ask his wife, who is a lawyer, for her legal opinion.
Watch the entire heated exchange below, via MSNBC:
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