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releasing it would do grave damage to their investigation. but heres the thing, there really isnt a lot of specific precedent here. a former president of the united states has never had their home searched by the fbi. a former president of the united states has never taken classified materials home and then not given them back. a former president of the united states has then never gone on to publicly attack the fbi and the d.o.j., putting the departments and the individual law enforce...

Then have health care. so as an individual, you dont have to -- you are not required, unlike the aca, where you must have it. this is a strange dynamic because it puts a lot of pressure on these insurers because they have to have product for everybody. >> right. and it was an interesting omission from the senate bill because the house bill would have repealed the individual mandate but replaced it with the incentive for people to by coverage when they are healthy and not just sick by allowing ju...

Those are the stories they need to hear. theyve all heard them in their town halls. what they need to recognize is this is part of the plan to move forward and make certain we bring about that patient-centered health care. >> what weve also heard in town halls is there are a lot of americans for whom obamacare is working. people do like the pre-existing condition coverage provision. people do like their adult children staying on their plan. obamacare has actually become more popular in the past ...

Wendell is traveling with the president in honolulu. explain the governments argument on this. >> reporter: the government came up with an arrangement in july for nonprofit religious groups to object to paying for contraceptive coverage for employees who are not members of the faith. they can exempt themselves and lets the insurance company pay for the coverage, or when insurance is provided, the government plays. the solicitor general said, with the stroke of their own pen, applicants can secur...

I say could because they dont necessarily have to, but i want to let viewers see the possibilities right now. regarding the issues that are before the supremes. number one is this anti-injunction act which goes back to the 1870s. can a taxation provision prevent a court challenge until the law was fully in effect which means can you rule on a tax before the tax is applied if you define this penalty defined as a tax or not? thats number one. number two deals with the commerce clause, can congress...

Unique way, do you not have a heavy burden of justification to show authorization under the constitution? >> so two things about that, justice kennedy. first, we think this is regulation of peoples participation in the health care market, and all -- all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary proper power to ensure that people have insurance in advance of the p...

And constitutional. they came from the two men, donald virilli who was under pressure right away from justices who wanted to know where congress gets the power to force people to buy insurance. >> we think this is regulation of peoples participation in the health care market and all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary power to ensure that people have insura...

Who is defending the health care law of the president. >> when you are changing the relation of the individual to the government in this, what we can stipulate is i think a unique way, do you not have a heavy burden of justification to show authorization under the constitution? >> so two things about that, justice kennedy. first, we think this is regulation of peoples participation in the health care market, and all -- all this minimum coverage provision does is say that instead of requiring ins...

Grilling senator jonathan barili who is defending the health care law of the president. lets listen. >> when you are changing the relation of the individual to the government in this, what we can stipulate is i think a unique way, do you not have a heavy burden of justification to show authorization under the constitution? >> so two things about that, justice kennedy. first, we think this is regulation of peoples participation in the health care market, and all -- all this minimum coverage provi...

Minimum coverage provision is a valid constitutional exercise of congresss power to tax and spend. >> shannon: i will give you the last word. is it a legitimate use of congressional power? >> at the end of the day, what we are confronted here is one of the most radical, sweeping engs engs -- expansions of federal power at the expense of liberty. they havent given clear guidelines so they are not bound by a prior precedent. i think there will be an overwhelming temptation to get to the constituti...