republicans. here is assumer's explanation. >> you can bet if the shoe were on the other foot and a democratic president was under investigation by the fbi,r the republicans would be howling at the moon about filling a supreme court seat in such circumstances. after all, they stopped the president who wasn't under investigation from filling a seat with nearly a year left in his presidency. >> all right. i want to bring in our legal guys to talk it overment civil rights attorney and law professor there front and center. richard herman, you don't see him but he's with us. criminal defense attorney and pro professor on the phone. >> there is some risk on it. you heard 20 hours of neil gorsuch before the senate judiciary and it was kind of like watching jimmy stuart