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Under extreme pressure to fight against president trump's agend agenda. there's no legislative battle brewing right now. it the only real outlet for democratic resistance is in these confirmation fights. if that's why you're seeing this be one of the most bitter and polarizing that we've seen. >> jenna: very interesting point, sarah. let's talk a little bit about the dynamics between democrats and republicans, jake. with even more ironic about the delay by democrats, he believes there's going to be certain democrats that actually vote for senator sessions to become attorney general. do you sti...

Intentions. so i think the chief justice would understand that it would be important to try to form a consensus whether it's 5-3, whether it's 6-2 and not go into this on a tie decision, that erode the credibility of the institution. if you go back. i played a leading role in the confirmation fights for chief justice roberts and justice alito in the bush white house. if you go back to his testimony. >> which one? >> to roberts in those hearings. you very much see a person who cares deeply about the perception of the judiciary. and its functioning as that independent arbiter on these questions....

Know he was a sort of judge who cared a lot about being fair to the parties in the case. he would want to make sure the opinion dealt very clearly with the arguments they had made to make sure they felt like they had a fair hearing. but he's never going to tell you whether he thinks this party or the other side is a better or worse or whether the law, he's being asked to interpret is a good idea or bad idea. he is a judge who wants to read the law and get it right. harris: how concerned are you that this could get -- well, some of the confirmation hearings have gone the nasty at times and chip...

Loretta lynch got fewer than ten, and she was less controversial than eric holder. the democrats, though, have not scored any big wins in these confirmation fights. they haven't been able to knock anybody off of their pedestal. george w. bush, barack obama, bill clinton all lost cabinet nominees before they were actually confirm. democrats have evg late all they want, but they haven't scored. >> quickly show our viewers. i want to quibble show our viewers the two leading candidates. there's no guarantee it's from this list, but we're told from two leading candidates, one is thomas hardeman, th...

>> that's just not so. increased 118% in the past eight years. if you're challenging my figure, i would ask that you get your figures straight about education policy, and that's why we want more questions. >> obviously a fiery hearing, just three days before trump takes the oath of office. manu raju is out front right now. that questioning by senator franken obviously contentious, not just questioning her on her point of view but basically saying you don't even know the facts. how big of a fight will this nomination be? >> reporter: very big, erin, probably one of the biggest confirmation figh...