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So-called leak case. could this have to do with the election that happened last year and now we're just suddenly learning about all this? >> it's certainly reasonable for people in this atmosphere, this culture of intimidation of, of stone walling and obstruction and secrecy to come to that conclusion. but i think you have to know a little bit about the history of the judge in this case, royce lambert. he was a reagan appointee. he had a reputation among the left. they hate him. they consider him a clinton basher because he had ruled several times and fined the clinton administration. hillary ...

Secret letters used by the fbi to demand detail ed from banks and internet companies, so-called national security letters for today the justice department argued that even challenging the government's authority to make this kind of demand was against the law. today the clinton appointed judge in the case ruled the national security letters violate the right to free speech. she banned them outright. second case comes from a three-judge panel in the circuit of the district of columbia, second only to the united states supreme court in national influence. in that one the panel of two clinton appo...

Memo in which a lawyer writes the following: nowhere do i see that we can show that either the party or malik shabazz suggested, counseled or endorsed the bringing or brandishing of weapons. robert, that is not true because shabazz went on national television immediately after the election and defended the actions thus an enforcement right there. at the very least -- >> after the fact. >> isn't that pretty strong evidence that you were encouraging and endorsing before the fact? >> look, the justice department filled with career attorneys, bush appointees, clinton appointees and obama appointee...

Nixon appointees sitting in judgment of nixon, the same for clinton appointees. and he's appointed, nominated at the very time that trump is so much in the soup. but under the standard, first, he will not commit to recusing at the hearings. he'll say he'll think about it. and when push comes to shove, i think he likely will not. >> peter, some will look at what we just aired and find some of the democratic lawmakers vein-p vein-p vein-poppingly loud. and others will agree. how is this shaking out in your early reporting, having followed the turns of this, following you on twitter all day? >> l...

Of federal powers as unconstitutional, and that attitude sometimes goes all the way up to the supreme court. >> correct me if i'm wrong. you mentioned party lines. along those lines, has this been ideological? if you look at the two judges so far that have found this constitutional and one that found it unconstitutional, what is the ideology here? >> you know, in the sad but true category, the partisanship that we see every day in congress and in the fight for the white house exists in the judiciary as well. as you point out, the two judges who upheld the law were clinton appointees, the one j...