december, and he will be president until 2020. and so this idea that republicans should hold off because we made obama hold off during a presidential election year, i don't think it is very persuasive. >> orrin hatch republican of utah made a point about that. let's roll that sound. >> look, this is not close to a presidential election. >> it is close to a midterm election where senate seats -- >> that is different. we'll still have the same people that will hear this any way. and frankly -- >> a third of the senate is up -- >> well, so. that doesn't mean the senate doesn't function. >> the truth of the matter is the merit garland rule that mitch mcconnell created, saying it is a presidential year and we'll hold off until the voters decided, that was invented. that never happened before. >> it had never happened before. and one of the -- >> and the idea that they are deviating from it now doesn't -- it is all made up. >> and the whole argument about hypocrisy, the idea that mitch