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Say, oh, look, there was a filibuster once upon a time in 1968 against justice abe fortus. he was already on the court and it was a situation where he was picked, they basically picked on him because of some specific things that were going on with the white house, some specific policy issues. paul: he was appointed lbj was going to elevate to chief justice. >> right, exactly. you know, these situations are not at all analogus, if we go now to have a 60 vote standard for republicans, you know for sure that republican -- democrats are going to be sure to switch it back to a majority standard whe...

White house officials reportedly aided nunes in reviewing that intelligence, we are back with dan, kim strossel and so, kim, you talk today chairman nunes at length this week, what did he tell you about this story? >> well, i think what's important that we understand about this story is that he went, he viewed these documents and what they essentially proved, you have dozens upon dozens document that is contain information about trump transition officials, some of the people, names in them are still masked, meaning, they are not outright called by their name in the reports but the reports are ...

Will never meet with the freedom caucus. these two groups of people are at each other's throats. i think it constitutes a third party inside the congress, it's like fascist, it's like italy. [laughter] >> they set themselves outside. there's nothing they can do that's positive. all they can do is block things from happening. paul all and yet, kim, without them, let's say they have 30 members, we don't know exactly how many they have, that's enough to kill any bill because they only have a majority of 22. is -- is trump smart to go after them or is this going to make them dig in and blow up eve...

Filibuster once upon a time in 1968 against justice abe fortus. he was already on the court and it was a situation where he was picked, they basically picked on him because of some specific things that were going on with the white house, some specific policy issues. paul: he was appointed lbj was going to elevate to chief justice. >> right, exactly. you know, these situations are not at all analogus, if we go now to have a 60 vote standard for republicans, you know for sure that republican -- democrats are going to be sure to switch it back to a majority standard when they're in control. paul:...

In 2013 he did that. the supreme court ruled in 1982 that the senate had within its power to do except that any motion like that itself could be filibustered. harry reid is the guy who changed the filibuster that his been used since 1837. it's the senators reason for being, it's what distinguishes him from being more than house members. but he did that and now we are at this point and now the stakes are so high both for neil gorsuch and president trump and for the republicans that there is no option if the democrats insist on going down the strategy, to blow it up. paul: does he get confirmed,...