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Legal and that's the end of the rule of law. >> it's interesting, the president one time said i would love to do these fixes on the health care law if the house of representatives will work with me but they won't so i'm going to go around them. isn't it almost acknowledging that he's sort of going around the law? >> well, yeah, but presidents do that all the time. the question is what can you do about it. and i think bruce is right, there's a panoply of powers they have, not the least of which is appropriations, oversight, appointment, that the courts really look for them to use first. the cou...

Reagan. all right. since you were a counselor for the u.s. house, stan, what's the standing? >> well, the standing has traditionally been narrowly defined. there is a window here in the sense that if the entire house of representatives sues, they may be over to get over the standing hurdle but that's the least of their problems. what they're asking a court to do is basically supervise the presidency of the united states. courts have refused to do that from the vietnam war, the giveaway of the panama canal. that's a much bigger hurdle than the standing issue. >> bruce, and it's my understanding...

The finish line. already the judge has denied a pair of motions including one to dismiss some of the charges gai against 20-year-old dzhokhar tsarnaev. he faces 18 separate counts for killing four people, an injuring 264 more. the prosecution will seek the death penalty if he is convicted and that is reigniting the debate over capital punishment, and its place in society. join joining me is richard deeter executive director of the death penalty information center, a nonprofit who wants to abolish the death penalty, and attorney general bruce fine who wants to have the death penalty for cases t...

Rand paul found that out the hard way after he launched a pr stunt that ended up going awry. paul had been working with an attorney, bruce fine, on a class action suit over the nsa's telephone surveillance program. frankly an easy pr hit and a positive for him. when he filed it, file's name was replaced with ken cuccinelli's getting into a back and forth with fine and his spokesperson. fine now says that's not the case but the episode obscured headlines that otherwise would have gone to the lawsuit. then the hillary clinton news of the week. the biggest lesson was how easily old news could b...

Lead lawyer. when cnn asked who authored the document, cuccinelli said it was a legal document including fine and fine would participate in the litigation. fine told cnn he looks forward to working with the others with transparency and no ulterior motives. and the controversy continued today. ken cuccinelli said that bruce fine had not been named in the lawsuit because no written attorney retainer agreement had been completed at the time that the lawsuit was filed. other e-mails indicated that fine was paid $15,000 for some of his work but it's not clear at all after all of this whether fine w...