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Attorney general on a scale of 1 to 10, this was an 11 in terms of pushing back against, you know, the politicos. >> mimi, i know nick believes that the nixon case established the subpoena power that the prosecutors have against a president. that was a subpoena for documents. so now there is this 21st century question does ate ply? to any subpoena they would have issued then. what is your view? do we have it clearly enough that the nixon case established the president's need to comply with a testimony subpoena? >> i think so. because if you look at the language of those cases, it's really abou...

Entire rest of the field of data, which the republicans would have known going in would have been a very difficult proposition on the part of the democrats. so now the democrats are in a very uncomfortable position of pushing against what i think are probably very legitimate classification concerns in order to push back against, again, what i believe to be a very illegitimate accusation in the first place. >> general hayden, appreciate your time. thanks. our panel is going to be back right after the quick break. when you can squeeze one in between friday and monday at hilton? there's a vacatio...

You do not want the republican memo released saying it puts not just the fbi but every intelligence agency at risk. i'm wondering now what you think of, you know, that was released. the white house says this democratic memo went through the same handling and problems arose. do you buy that? >> yeah, absolutely predictable. so you know that the republican memo is going to come out. it's filled with innuendo. frankly it kind of invalidated itself in its own context. i mean it was kind of a nothing-burger. but it's out there now, and a lot of people are waving it around, saying it proves certain ...

The department of justice be reorganized so that the fbi becomes an executive agency under him. is that what it sounds like to you? >> it's a really troubling thing to say. not surprisingly he has the facts wrong, the history's wrong, the fbi is part of the justice department, that didn't change after watergate. what did change after watergate because of the way the president was meddling in the investigations is the justice department promulgated new rules by which the justice department would not contact the president about ongoing investigations, and the president wouldn't contact the justi...

About ongoing investigations, and the president wouldn't contact the justice department and interfere. it seemed to be those rules that i suspect the president is really pushing back against, and really feels constrained by. it seems -- look, he wanted jim comey to operate as if he operated to him, to be loyal to him, and follow his whims. when he wasn't, he fired him. i think he's making clear he wants his next fbi director to do what jim comey wouldn't do. >> if the attorney general and deputy attorney general do not respond to this interview tonight by resigning, which under normal terms wo...