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And that he's not fair minded. they pint to comments he made as a conservative pundit on cable news where he repeatedly criticized the mueller investigation and even speculated on ways the doj could handicap the probe, a probe that as acting a.g. he now oversees. so the big question we are asking today is if the federal judge rules that matthew whitaker cannot serve as attorney general, will donald trump try to test his presidential powers at the supreme court? joining me now is nbc news justice correspondent pete williams, white house bureau chief for "the washington post" phil rucker. phil i...

Now it's the justice department. >> well, i think mr. trump realizes what he might have done in the past, what others around him might have done that could implicate them and some type of criminal activity or at least questions about the legality of it, and that's why he's been trying to delegitimatize the department of justice, try to delegitimize the press because i think he recognizes that there are vulnerabilities there. and so it looks like as we're getting closer and closer to additional indictments as well as the mueller report, i think that he's getting increasingly nervous and concern...

The investigation, of course, is ongoing. do you think that mueller and his team just sort of woke up a couple days ago and said, oh, gee, attorney general sessions, he resigned. i'm just so shocked. somplg >> so you think they've been putting contingency plans into place already? >> i kind of think so. don't forget, we just heard a couple days ago they were furiously writing this report. you think that was just such a coincidence as well? i don't think so. >> but as an acting a.g., even if the report is complete or handed over or whitaker would have access to it, he would have the power to se...

In them therr hills on your guarantevacation.find gold but we can guarantee the best price on this rental cabin. or any accomodation from hotels to yurts. booking.com, booking.yeah discover.o. i like your card, but i'm absolutely not paying an annual fee. discover has no annual fees. really? yeah. we just don't believe in them. oh nice. you would not believe how long i've been rehearsing that. no annual fee on any card. only from discover. welcome back to "hardball." while president trump appears to be trying to protect himself from mueller's investigation by naming matt whitaker as the new ...

Feeling emboldened and rattled lashes out, claiming with no evidence election fraud. >> all of a sudden they're finding votes out of nowhere. >> firing attorney general jeff sessions and choosing an acting a.g. who has described how a sessions' replacement could kill the mueller investigation. >> he just reduces the budget so low the investigation grinds to a halt. >> already democrats are calling for matt whitaker to recuse himself. joining me this morning, the head of the republican campaign committee, senator cory gardner of colorado and democratic congressman adam schiff of the house intel...