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Maybe are less friendly to the president start to testify? so this takes what was already a five-dimensional chess game and adds three or four additional dimensions to it. >> glen, let me read another piece of this ruling in which the judge talks about what is missing from the constitution. she writes, what is missing from the constitution's frame work as the framers envisioned it is the president's purported power to kneecap house investigations of executive branch operations by demanding that a senior level aid breach their legal duty to respond to compelled congressional process. this judge...

The arguments that the justice department advances to support its claim for testimonial immunity for senior-level presidential aides transgress core constitutional truths." we're putting orwell in the footnotes, transgressing core truths, taking the justice department to the wood shed. at this point, she's only 39 pages into a 120-page ruling but she's just getting warmed up. i mean, look at this line. "what is missing from the constitution's framework is the president's purported power to kneecap house investigations of executive branch operations by demanding that his senior-level aides brea...

All and it really puts a powerful piece of leverage behind the house committees, the judiciary committee, the intelligence committee to get the ball rolling of high-profile witnesses who they have been absolutely barred from talking to so far. >> glen, let me ask you about this particular part of the judge's opinion i want to read to you. when the doj insists that presidents can lawfully prevent their senior level aids from responding to compelled congressional process and neither neither the federal court or process has the power to do anything about it, the doj promotes a conception of separ...

I just have a piece of paper. what the republicans are falling apart on is that it's in secret. their members come and go as members of these committees. as eugene pointed out, that was how benghazi was carried out. is this just a battle for attention spans in the middle of what's been a successful run of days for the democrats? >> that's exactly what it is. republicans here are making the argument this is a process shrouded in secrecy, the american public doesn't have visibility on it. and as you point out, that's true. there are no tv cameras in these hearings. that's a decision the democrat...

This effort to slow down the works, to toss a log in front of the wheels, can it work? will it work? >> well, to slow it down, it slowed it down by five hours today. but ultimately can it work? no. if you're in the minority in the house of representatives, you have essentially zero power. the democrats under speaker nancy pelosi have the power and the authority to run this process, to design the process and run it the way they want to run it. they're running it the way the republicans did in the benghazi investigation when a lot of the depositions or hearings they took were under -- were not o...