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>> we are talking about this election, kellyanne. >> there's been a lot of dancing in the end zone and i can understand why they are happy and thrilled. most people said they couldn't win the election and they did, and they did it their way. i understand why they are excited and want to claim credit for it. on the other hand, i think it rubs the clinton team the wrong way. as far as the clinton team knows, they know the popular vote doesn't get you a consolation prize here. >> yeah, although we should know there are a lot of acknowledgments behind the scenes of mistakes that the clinton campai...

Said, do what it takes to find out those who were responsible. and claiming that that was a knowing green lighting of torture. that is an extraordinarily, i think, tortured reading of those kind of comments. and if they're going to say that that's the kind of guidance that they were given or those were the kind of ambiguous comments they made to members of congress and are going to hold those up to justify that they fully informed congress, if you look at this report, you see that a lot of these representations about what they were doing were incorrect, how they were doing it were incorrect. a...

And look, if black voters are going to go, you know, 95% for democrats in a year when barack obama is on the ballot, and perhaps 85% in a year when he's not, one understands why republicans would want to limit that vote, because it's going to go to the democrat. it's just that you can't do that. we have equal protection under the constitution and you can't do that. >> rick, that comment is reminiscent of what i'm sure we all remember from my home state of pennsylvania, similar acknowledgments that this was all being utilized as a political weapon. >> well, as i remember in pennsylvania, the on...

That vote, because it's going to go to the democrat. it's just that you can't do that. we have equal protection under the constitution. >> rick, that comment is reminiscent of what i'm sure we all remember from my home state of pennsylvania, similar acknowledgments that this was all being utilized as a political weapon. >> well, as i remember in pennsylvania, the only objective in evidence was black panther people trying to keep people from voting, presumably white. i assume working for the democratic party. >> i have to tell you something. i investigated it and wrote about it at the time. tha...

a 5-4 decision in the end, it was john roberts, the chief justice appointed by president bush who saved the health care law. senator obama voted against roberts confirmation in 2005. roberts went against his four conservative justices ruling that the individual mandate, which requires people to buy health insurance was a tax, not a penalty that falls under the congressional power to levy taxes. a harsh oped said the remarkable decision upholding the affordable care act is shot through with confusion. the mandate that's really a tax except when it isn't and the government whose powers...