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emerging as republican congressional leaders cry foul about the target and the timing. >> i know doing this 90 days before an election reeks of politics. >> reporter: kevin mccarthy tweeting the department of justice has reached an intolerable state of weaponized politicization, warning about investigations if republicans take the house in november, writing attorney general garland, preserve your documents and clear your calendar. >> merrick garland, chris wray, come to the house judiciary committee this friday and answer our questions about this action today which has never happened...

Why didn't they just issue a subpoena? >> well, the legal bar and threshold is the same for everyone in the united states of america, and that's probable cause. i take from your question the implication that maybe the bar should be higher, and i think some people in the real world appreciate that if you're going undertake a law enforcement action like that that is very fraught, it's going to be scrutinized heavily, that involves the former sitting president of the united states, your proof better be higher than mere probable cause and every t has to be crossed, every i dotted. why they didn't ...