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Looks like the potential of an appearance of conflict. >> what is the likelihood of that happening, do you think? >> i dont know. i dont know. it depends on kavanaughs own sort of sense of judicial propriety. if he believes that it will taint his future on the court for participating in a decision about which led to potentially his selection, maybe he does step aside. >> harry, you know him. what do you think of this? >> about the recusal theory? i think he probably would not, and he would cite ...

If he believes that it will taint his future on the court for participating in a decision about which led to potentially his selection, maybe he does step aside. >> harry, you know him. what do you think of this? >> about the recusal theory? i think he probably would not, and he would cite the nixon case where three justices nixon had appointed sat on the case and ruled against him. the clinton v. jones case. two justices that clinton had appointed sat on the court that wound up ruling against h...