CNN "Anderson Cooper 360 Degrees" - Transcript: Interview with Rep. Eric Swalwell (D), California

Interview

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COOPER: I want to get more perspective now from one lawmaker who may soon be looking a whole lot closer into all of this, California Democrat Eric Swalwell, who sits on the House Intelligence and Judiciary Committees. I spoke to him just before air.

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COOPER: This notion that the president and his team are not answering any questions about possible obstruction of justice or anything about his time as president, does that surprise you that Mueller went along with that?

REP. ERIC SWALWELL (D-CA), INTELLIGENCE COMMITTEE: Well, I think Mueller wants to give him every opportunity to give his version of events, so that knowing the way the president conducts himself and he undermines and attacks the investigation, when a report comes out, I don't think Mueller wants the president to say, I didn't have my chance to tell my side of the story. So, I think it's brilliant the way Mueller is doing it. And the president is certainly not acting like an innocent person. I think he's given the president more and more rope to hang himself.

COOPER: Giuliani was saying to "The Washington Post" that there's some issues legally for them, some of the questions create more issues legally for them than others.

SWALWELL: That's what someone who would have a lot of exposure would probably say. Again, if you typically didn't do anything wrong, and you just answer the questions and come clean.

COOPER: So the notion of a perjury trap, you don't buy?

SWALWELL: A perjury trap can only capture perjurers and so, I don't buy that if the president didn't do anything wrong.

COOPER: The -- as far as Whitaker's assurances to Lindsey Graham, according to Lindsey Graham and "The Washington Post", that he won't shut down the Mueller investigation, do you put much faith in that? Because frankly all we know about Whitaker's opinion of it is based on what he said prior to assuming power and prior to him having access to the information.

SWALWELL: We know a few things about Whitaker. We know that he's prejudged the Mueller investigation. We know that he has plotted with President Trump, according to Vox reporting to put himself into this investigation and to wind it down. So I don't really necessarily trust Lindsey Graham's opinion. I'd rather see Whitaker ask the office of ethics as to whether he's recused himself, and for that opinion from the ethics office to be made public.

COOPER: You think he should recuse himself?

SWALWELL: Yes. Well, I think he should ask, but I don't see how there's not the perception of a conflict. For two reasons, one, he's prejudging, but also the relationship he was with the key witness in the investigation, Sam Clovis. He was Sam Clovis' treasurer. Sam Clovis was a key witness in the George Papadopoulos part of the investigation, where Papadopoulos has pled guilty. Yes, and work for the campaign.

COOPER: I know you said that you want Congress to pass a bill to protect Mueller. Republicans showed no sign of having any interest in that. Even after the Democrats, you know, assume power in the House, they're still going to control the Senate.

SWALWELL: Well, Mitch McConnell has shown no sign of interest, but bipartisan Republicans from Chuck Grassley and others on the judiciary committee in the Senate passed legislation to protect Mueller. McConnell is subverting the will of the majority and not even allowing a vote.

Now, on the House side, you're right. We haven't seen any interest at all. But as we have this budget showdown, Democrats are telling Republicans in the House that if you want us to give you votes because they're unable to get the votes on their own, you're going to need to protect the Mueller legislation in that.

COOPER: So, you're optimistic it could still happen?

SWALWELL: Yes, if they want our votes. For two years, the Republicans have controlled the House, the Senate, and White House and they've not been able to pass a budget without Democratic votes. And this time, we're going to say that the cost of that is going to be to protect the rule of law and to protect Mueller.

COOPER: Congressman Swalwell, thanks.

SWALWELL: Yes. My pleasure.

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