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Playing out. i dont think the fbi which has the responsibility of background checks has to be reauthorized to do what its already authorized to do. i mean they have been given the letter, they certainly have the power to do whatever they want by way of background checks. its not that an old background check is closed, at least this is my understanding, and then they have to reopen an entirely new one. so i dont get that particular thing, but i do think this, this is more than just, you know, the...

Judges who would want the job. and to add to that, kavanagh, chuck, was really fawning over the president when he accepted the nomination. lets play that sound bite. >> throughout this process, i have witnessed firsthand your appreciation for the vital role of the american judiciary. no president has ever consulted more widely or talked with more people for more backgrounds to seek input about a supreme court nomination. mr. president, i am grateful to you and im humbled by your confidence in me...

Department and thought he should step aside from any consideration of the case. that could happen here. that would be up to justice, perhaps justice kavanagh to decide that. it might be a good avenue out. but the precedent here is very strong and supreme court justices strongly adhere to precedent. so i guess i just dont share the same degree of alarm. >> chuck rosenberg. chuck, thank you very much. >> coming up, tracking donald trumps lies. the washington post now puts his false and misleading ...

Be able to not just be subject to a subpoena while in office, but if he can even be investigated criminally while in office. so i think when he comes before the senate, one of the big questions -- you often see supreme court nominees who wont talk of cases because they might come before the court. because hes written about it and because of this, i think he has to answer whether he believes united states versus nixon would set a precedent, who have to turnover documents in response to a subpoe...

My view, is an unindicted coconspirator is highly unsettling. i still sort of come back to my original point, which is is that justices of the supreme court appointed for life often and early establish their independence from whoever appointed them. precedent matters a lot here. and remember those earlier decisions that i talked about where justices appointed by the very president under fire sided against him in both cases. so yeah, fawning absolutely. unsettling, you bet. but i still have a lot...

Saying with how michael cohen is reacting to trump now. you saddle up with somebody who is willing to compromise their principles. kavanagh has walked back places where he has been prior on presidential powers from when he worked for ken starr. if you side with someone who is willing to compromise their principles, theres no telling what kavanagh is going to do when kavanagh actually is in the supreme court. and perhaps he will revert back to a different kind of viewpoint, but its just -- i thin...

Supreme court toward trump on cases against him and several democrats have called that a conflict of interest. >> i would suggest that an unindicted coconspirator to a crime should not be in the business of having the ability to appoint someone to a lifetime position on the highest court in our land, a court which invariably would hear the matters that are the subject of this very discussion. >> why was kavanagh chosen? because the thing the president is most obsessed with is the mueller investi...

Red line, or if they really want to protect the mueller investigation, any two of them could basically say, look, lawyers on the panel can push back on me. suggest that judge kavanagh, in the interest of the institution of the supreme court, would recuse himself from any of these cases because of the appearance of the conflict of interest. this is going to be a constitutional crisis. it will be a credibly divisive moment. if donald trump has put the swing vote on the court, that will undermine t...

President and his legal team that trump would almost certainly be a target of that probe, if not for muellers apparent belief that a sitting president cannot be indicted. those issues as well as questions of whether a president can be forced to comply with a subpoena could become the most significant matters on the supreme court docket during trumps presidency. especially if trumps attorney rudy giuliani gets his way. >> if you think they will subpoena, there will be a constitutional fight? >> w...