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Going to be independent or not be independent. what are the risks do you see for the mueller probe if rosenstein leaves? >> well, first of all, rod rosenstein should under no circumstances resign. if the president tends to obstruct justice, rosenstein should require him to be fired. he shouldn't take a step affirmatively and essentially let the president off the hook. this looks to me like a slow moving saturday night massacre. it seems like the only question is whether these steps take place now or they take place after the midterms when the president believes he will pay less of a political ...

Move on are prepared to take to the streets if either of those things happens and it would be justified. it also reminds me this question of whether he's resigning or whether he's going to be fired, is the same question we had on the saturday night massacre, is whether richardson had resigned or whether he was fired and the same question for the deputy attorney general who refused to carry out the order to fire cox and it also affected our office as to whether he had been fired and if we hadn't been, whether we should resign in protest. so these are all questions that keep occurring and making...

Congress getting the details of his investigation. >> let's just play the domino theory here. if jeff sessions resigns rather than being fired because the job is very much on the line after the midterm elections, if he resigns and whoever replaces him under the vacancy act i believe would only have to be a confirmed senior official, presidential appointee. could be another cabinet secretary. could bit a deputy secretary from another agency? and that person would not be recused. so it would no longer be up to the deputy ag or rod rosenstein or his replacement to super vise the mueller probe. do...

Of the department heads and you need the approval of the vice president to then take it to the congress and as we know from watching vice president pence he's nothing but loyal to president trump and i think that sort of effort would immediately result in someone being fired by the president. >> and pete, i think you've got an update? >> i just want to expand on something that phil said about all the different versions we're hearing about this. we're hearing that he's going there, the white house says to resign. we're hearing that no, no, he's not going to resign, if they want him out, he's go...

No favors and did judge kavanagh no favorites by not putting the fbi to work on these charges when they first came out, for having a review outside of the lights. as a result of that we have a feeling by the democrats that this is being rushed, by the republicans that kavanagh is being sandbagged here and there's no orderly process to resolve all of this. >> and i want to ask you to respond to the rod rosenstein news, and we don't know what it is, whether he's fired, resigned or stays on for a while. what would be the impact if he is ousted. >> first of all the question is how would he be oust...