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This is an investigation that never should have been brought and should never have been had. it is something that should not have been brought and it is an illegal investigation. and i bring this up, because when matt whitaker's name was brought up, and in regard to the russian investigation, the first place that he went was to relationship of the russian investigator and not viewing him as the acting a.g. and overseeing the whole administration, but view him mig as the guy who may have the hand on the wheel as it relates to the investigation. >> very, very revealing indeed. and with clint her...

Room. mitt romney from utah, josh hawley from missouri, marsha blackburn. and mike braun from indiana, etc. so we will see -- >> sandra: it was a moment. >> bill: the point is there was a question out there to rick scott about his election in florida and the answer went undelivered. >> sandra: are you still claiming fraud in the mid-term election and he turned away. >> bill: justice department issuing a memo on support for matthew whitaker. an opinion issued earlier today supporting the president's decision to appoint whitaker as acting a.g. catherine herridge picks up the story with more from...

>> whitaker is going to ask the ethics people whether he should be recused, so i think that answers it. doesn't matter what the democrats think if he ising through that process. >> one of the questions involving mr. whitaker and the acting a.g. could be eliminated if we had a nominee and my understanding is the white house is starting to look into that. >> i don't think it's fair to the man to bash him before he even has a chance to find the men's room. he has done nothing that should make anybody worry. >> bill: another classic. members of the senate judiciary reaction on the criticism to mat...

Russia investigation. when the president might respond to robert mueller and new reporting over the controversy of the acting a.g. who is speaking live in iowa. and two florida men arrive on capitol hill, a photo-op with the high potential to get real awkward real quick. we'll fill you in on how that deadline is looking. but we start with breaking news from the justice department. pete williams is in our washington bureau with the latest. >> the justice department just disclosed that it gave the white house legal advice before matt whitaker was appointed by the white house that the preside...

Gene rossi is with us, a former federal prosecutor. welcome. >> thanks for having me. >> maryland is saying that whitaker's appointment isn't legal and that rosenstein should be the acting a.g. you tell me what grounds does maryland even have here? >> very simple. there's a lawsuit or a motion that will be filed in eastern district of missouri in a federal case by a former colleague of mine raising the same issue. here's the issue -- under the appointments clause in the united states constitution, principal officers such as the attorney general have to be appointed and approved in a certain wa...