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Was well known as a reliable conservative when hef was hand picked. don mcgahn was behind his fihirg as sessions chief of staff and white house officials believe his loyalties would lie at the white house and not with sessions who had fallen out of favor with trump. he too recommended whittaker since jeff sessions need add strong manager and someone with credibility who had served the department. one source says it was way to keep things on the rails at the justice department and keep sessions f...

The adl is calling that deeply troubling. whats your take on that? >> i think it is deeply troubling. the justice department traditionally had a large role in selection of judges. thats moved over to the white house now. and that seems to be the place that judges are largely selected in working with members of the senate and at state and jurisdiction in which the judge is going to sit. but i think a religious test is exactly what our constitution forbids. for him to even suggest this is a basis ...

One source says it was a way to keep things on the rails at the justice department and to keep sessions focused. whitaker was even encouraged by people close to trump to appear on tv to get the attention of the president. in 2014, whitaker told an iowa blog that he thought the landmark supreme court ruling, marbury v. madison from 1803 that established the judiciarys ability to strike down laws that violate the u.s. constitution was one of the worst decisions in the supreme courts history. he sa...

On tv, to get the attention of the president. in 2014, whitaker told an iowa blog that he thought the landmark supreme court ruling marbury v madison from 1803 that established the judiciarys ability that strike down laws that violate the u.s. constitution was one of the worst decisions in the supreme courts history. he said there are so many bad rulings. i would start with the idea of marbury v madison, the courts are supposed to be the inferior branch of the three branches of government, we ha...

>> i do, too. >> yes. i want to get your reaction, some controversial views that were stunning to a lot of people from the new acting ag. this is back in 2014 where he said judges should have a biblical view. the adl is calling that deeply troubling. whats your take on that? >> i think it is deeply troubling. the justice department traditionally had a large role in selection of judges. thats moved over to the white house now. and that seems to be the place that judges are largely selected in wor...

Landmark supreme court ruling, marbury versus madison of 1803 that established the judiciarys ability to strike down laws that violate the u.s. constitution was one of the worst decisions in the supreme courts history. he said, there are so many bad rulings. i would start with the idea of marbury versus madison. the courts are supposed to be the inferior branch of our three branches of government. we have offloaded many of our tough public policy issues on to the court, and they have decided the...

Tell us more, because the controversy -- some of his thoughts on various supreme court decisions is pretty outrageous. >> well, let me start with two. marbury versus madison, 1803, chief justice john marshalls opinion that says the courts have the last word on whether federal and other laws are constitutional. can a -- the supreme court overturn the work of the other branches of government? it is the foundational opinion of american constitutional law. it is not controversial. it is not somethin...

Of government. we have a checks and balances system. when the executive branch calls the judicious inferior, thats concerning. this as it relates to mar bury in 1803. it seems like the founding document of the courts ability to review legislative and executive action. if you dont believe in in this, you dont believe in the ability to be that review. again, we focus a lot on what he said recently about the mueller investigation. for a good reason. it is important to suggest that some of things he...

Permanently. >> thats what would happen. if you want to per nerm lent, you have to audition to the senate. >> and also i just think the more i learn about matt whitaker, the more concerned i am about him. reading his comments about the foundational case in which the supreme court in 1803 determined that it was the duty of the supreme court to say what the constitution means and what the law is. he was asked this a debate when he was a senate candidate what are the worst cases the supreme court h...

Too, of is the supreme court tainted, right? in everything that we have seen, not only all of this playing out but moving forward, i mean, is there a way for whatever judgments are to not be seen as political? >> one of my favorite justices in history was robert jackson that served in the 1940s and 50s, and he said something about the supreme court that is always worth remembering, we are not final because we are infallible, we are infallible because we are final. you can like the supreme court ...