>> so my question is not whether you should be right, whether it would be a good idea for your goal to actually be achieved, but rather whether you have a real problem in the courts, that they are going to look to doj guidelines saying look, this is a situation that can be lawful. >> well, let's break it down, ari. the office of legal counsel, which i respect generally, is not a court. and the courts will test their opinion, which has never been challenged in court before. there is no precedent, none, for this kind of appointment in recent times, the most recent was in 1866 for a week-long appointment of an acting attorney general. the constitution of the united states trumps, permit me to say so, the vacancies reform act of

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