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Position where he would have to consider resigning. >> you know, i think sessions is in a unique spot. that is that he probably doesn't want the weight of this investigation back somehow on him. he's recused from it. but he would have to have somebody come up through the ranks in a line of succession to acting -- to fill in rosenstein's slot as an acting position. and often they talk about bringing in another deputy attorney general. sessions is probably backing away. i don't know if it was meant as much of a threat to the president as much as it was let's keep things status quo. as long as it...

Trump interview and a deadline perhaps looming with rosenstein's departure. he's got to write that report. press send, get it to rosenstein and he gets it to congress for possibly impeachment or send it to court. who will replace rosenstein and what would they do with such a report? would they just put it in their top drawer and close the door. >> let me bring in on that point. if rosenstein does go, if the president fires him, do we have a sense who is next? >> that's a good question. technically in the line of succession -- it would go to the number three. at this point that's an acting posi...

Mccabe can. he's in an acting position. it's really incumbent on sessions and rosenstein to do that. they have to remember, they swore an oath not to the president, but to the constitution. they're there to serve the american public, not to serve donald trump. they're supposed to protect their institutions from independence. you know, when he fired jim comey, that was a red line that he crossed. and they failed that test. they were supposed to stand up for the department's independence then and push back against the president and they didn't do it. this is another big test for them and the ins...

Tonight by resigning, which under normal terms would be the thing you would expect, if they end up not resigning, and thereby sort of standing by the president's comments here, is there anybody else in this chain of command, is there anybody else in government who could sort of speak truth to power the way you were describing it, in terms of standing up for the independence of the justice department? >> bob mueller can, andrew mccabe can. he's in an acting position. it's really incumbent on sessions and rosenstein to do that. they have to remember, they swore an oath not to the president, but ...

Sean spicer was asked about it at the briefing. he didn't know why it was still there. guess what happened? shortly thereafter, it was removed from the campaign website. you can see it right there before and after. >> and it's not like this is the first time it's been noted. democrats have been saying this, we have been reporting it for, you know, however many days that the trump administration has been as such, has been in office. so it is noteworthy that it took the judges who are going to rule on this as a legal matter for them to realize, oh, wait a minute, it's still on there. this also c...