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We are united. >> now, i know that a lot of you guys are going to process this tivoli, like what do i care about nikki haley -- here's why this matters. one, she could be somebody who runs for president of the united states. i don't think it would happen against donald trump. that would take a lot of chutzpah to run in party, especially this next time, assuming that the president runs again. if not, all the calculus changes. but she could run after that. her big challenge for all the boxes that she checks, and remember, nikki haley as a governor in south carolina was very popular with lots of ...

Calculus changes. everything that happened before, put that in context. what happens now means flake has power of when the timing of the vote is. he can persuade other colleagues and the decision maker is mitch mcconnell. what does he want? he wabnts brett kavanaugh to be confirmed. likely it will take jeff flake's vote. >> many people have been asking th themselves what would john mccain do. both very close to senator mccain. john, meachum what is your take here? just 20 minutes ago we were saying this is about metoo. t t tribali tribalism. what about now? >> this is a triumph of common

President trump's opportunity to tell his side of the story. if he doesn't want to avail himself of that in some ways, maybe robert mueller just walks away and assumes the worst about him. but if he were to file that subpoena, i am very confident that he could win unless we get a new supreme court, brett kavanaugh is someone who has written on a strong executive and strong executive privilege and so maybe the calculus changes once he comes to the court. but that case of u.s. versus nixon, unanimous opinion from the 1970s, seems like the law is very strongly in favor of robert mueller, at least...

Potential objections that are not just party objections. they'll say we have key concerns about some of these issues that you and i have talked about. and whether justices will rise above politics. then they will use the argument that in 2016 the gop stalled for months to prevent president obama from filling a vacancy on the bench and say why does not apply here in advance of midterm elections? will they succeed? that's probably the wild card here, george, because if they don't the pick will be rushed through. conservative court if they succeed. and they take a majority in congress in november...

Pick if you are the president? >> well, the calculus changes with each pick and a whole new ballgame. hardiman has been a judge the longest. he was a district court judge in 03 and sat on the 3rd circuit since 06. a very distinguished judge, close of course to the president's sister. very solid opinions on religious liberty, the 2nd amendment so it doesn't surprise me he's in the final list. whether he will get the nod or not, remains to be seen. >> democrats are rallying around roe versus wade. there will be if this nominee whoever it is goes through a fifth nominee that was put on a high cou...