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And headliner today. how are you doing, sir? special day being the headliner, right? good morning to you and welcome back. first on whitaker. well go through three tointion. first whitaker. the white house argues he is in a temporary position and you can appoint somebody up to 210 days in a temporary position and you could argue beyond that. you say what to that? >> i think the statutory arguments against whitaker are quite weak. he does meet the conditions of the statute. there is an alternativ...

Serve or sell any. they are also advising that all remain that any consumer has be thrown out, including salad mixes containing any romaine and all shelves or drawers where that romaine might have been stored not just be washed, but also sanitized. the c.d.c. says the remain can lead to e.coli infection and that people across 11 states are recorded as becoming sick in this latest outbreak, with cases from october 8 to october 31. of those, 13 people have been hospitalized with one patient suffer...

Its partisan bickering. we should not be criminalizing the use of private emails either for hillary clinton on ivanka trump. >> bill: we need a better system. see if that happens. democrats are arguing you need senate approval or whitaker to be the acting a.g. the white house says he is in a temporary position and by law can serve for up to 210 days. even after that point you can argue whether he stays on longer. what do you make of that argument? >> i think you have to give the president some d...

General appointed temporarily, serving more than 210 days. >> there have been challenges to his authority as special counsel, robert mueller took some pains to issue a statement, he issued a statement the designation of matthew whitaker on november 7th has no affect on this case whatsoever. >> that didnt surprise me at all. robert muellers authority as a special counsel based on one set of laws. donald trumps authority to appoint matthew whitaker is based on another set of laws and even though w...

In not realizing that matt whitaker having said all these things on tv and in print was going to come under fire barb because he could probably have found somebody who didnt have much of a paper trail but still do his bidding. >> well, perhaps, but that person would have to sit before the senate, answer questions about their views, testify under oath and then subject themselves tuesday a vote. look, if donald trump can replace jeff sessionwise a nonsenate confirmed person from that cabinet depar...

Thats the kind of presidential overreach hes claiming. hes saying for 210 days, seven months, he can stick any person he wants in every cabinet seat, and thats an overreach that i think the courts will ultimately reign in, and it certainly has to be reigned in if were going to have a constitutional system of appointments. >> we believe the president might be submitting questions before thanksgiving, before thursday to the mueller investigation. heres what he said to say about it. >> your team is...

Confirmed. in fact, even saying, well, bob mueller, the special counsel, he wasnt confirmed leaving out the idea he doesnt need to be confirmed for that position and of course had been previously fbi director. >> that is an interesting point to pickup on, susan. this idea that trump is invoking a 20-year-old law herein volksing 210 days, 7 months, whitaker under this orphanage plan could stay in this job without confirmation. the interpretation there from the white house, this obviously the subj...

Whitakker as acting attorney general. the lawsuit marks the third legal action challenging whitakers appointment in less than a week. all three are seek ago federal court to rule that deputy attorney general rod rosenstein t legal and constitutional successor to former attorney general jeff sessions. >> this is your reporting in the daily beast about this lawsuit brought by the attorney general, sam. we have the vacancies reform act about whether or not there should be appointment, senate confir...

Arguing in their lawsuit? >> well, wolf, todays lawsuit is just the latest in this escalating legal battle over the validity of whitakers appointment. the basic argument is this. the constitution requires anyone who serves as a principle officer, meaning you report directly to the president, you can be fired by him, to be confirmed by the senate, just like the attorney general would be confirmed the senate the acting attorney general needs to be confirmed by the senate according to these senator...

Appointment. explain the case that they have, and whether or not you think it has merit. >> well, the issue is that matthew whitaker has never been confirmed to any position in the justice department during the trump administration. and the question is, can someone who has never been confirmed act as the attorney general, even for the 210 days allowed under the statute? and i think its an unsettled question. i think the biggest problem with this lawsuit is that the three senators are very likely...