and he said, just moments ago, 100%, it wasn't him who did anything along these lines. they were both under oath. they were sworn in. is one of them committing perjury? >> absolutely. without question. not perjury. making a false statement under -- well -- >> well, what if he blacked out and he doesn't know? >> i don't know which crime, whether it's 1001 or 1503 but it is a crime. >> lying to congress. >> lying to congress under oath is a felony. one of them did it today. absolutely. >> so that's a problem. somebody's going to have to investigate that. >> i doubt it. >> it wasn't a problem with the clarence thomas hearing. same thing. >> clarence thomas or anita hill was lying under oath and no one investigated that except journalists and subsequent historians, all of whom have concluded that anita hill told the truth. >> can i go back to the question of whether or not he can be an independent judge or justice? >> that's what i was going to