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Far the privilege goes. traditionally privileges involved either the interactions with the white house, and the white house staff, or national security. in this case it seems to go beyond that. is it a general thought in the white house that executive privilege assigned is applied to all the executive branch? >> i'm not the counsel, but i think you need to do a little research. the truth is our assertion is consistent with the positions taken by prior administrations in disputes with congress that date back to the washington administration in 1792. the legal analysis is blessed by the career d...

Double dose of our daily flashback. in this day in 1792, tennessee becomes the 15th state and they have been fighting who has the better bourbon ever since. unemployment rate rose to 8.2%. friday panelist here maggie haberman and bob and of course the long-time former columnist of "new york times." welcome all. maggie, let's start political reality. mark zandi said it on the economic front. bad news all around. talk to me about the politics about it. >> a real problem for the president. nothing positive in terms of the economy and hard to pitch this to people and say, give me four

Would be unprecedented for the supreme court to overturn your health care reform law yet would it not be equally unprecedented in not more so for congress under the common clause of the constitution to force people under penalty of a fine to buy a commercial product? >>guest: no in 1792 george washington forced people to buy muskets. you remember that. you were alive. you are interrupting the president, by the way. >>reporter: i am seeking a follow-up. that was notnd the commerce clause. can you cite anything under the commerce clause? >>guest: if it were in effect it would have been under it ...

I don't know if you have noticed but he has been biting his lower lip bill clinton a little bit more. i'm going to do that. you are going to interview me with the toughest questions you can come up with. we gave you a couple days to get these questions ready are you ready for this? >> i suppose. >> bill: all right. i'm barack obama, everybody. and brit hume is brit hume, but 15 years ago. all right. go. >> you said today, sir, that it would be unprecedented for the supreme court to overturn your health care reform law. yet, would it not be equally unprecedented if not more so for congress unde...

Can throw out a law that is unconstitutional. >> not stefan marbury. >> no. >> he said it was an overwhelming majority that this law was passed. by 60 votes. >> 70% of the country is against it. >> had to do it overnight. in a house 219-212, that's an not overwhelming majority. >> brit hume was weighing in on this topic on the o'reilly factor last night. let's listen to this. >> all right, i'm barack obama, everybody, and brit hume is brit hume but 15 years ago. all right. go. >> you said today, sir, that it would be unprecedented for the supreme court to overturn your health care reform law. ...