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Happen. we're not going to see a nominee confirmed before the election. the president is bringing in moderates like a joe manchin state like west virginia where the president carried by double digits. they're going to be under pressure to support this nominee. >> sure. but you don't need democrats anymore to get a supreme court nominee confirmed. this is -- the process now, the senate is now a broken institution. it used to be you needed a consensus choice, you needed 60 votes. you don't need it anymore. he might get a few democratic votes. it's possible. it's a luxury. he doesn't need it. wha...

Senate hearings. here from washington is nbc news correspondent garrick utley. >> good morning. this is the senate caucus room in washington, d.c., and it's jammed this morning. jammed with spectators, newsmen, senators and their aides. and the scene adds to the sense of drama as the senate opens what is likely to become the most serious investigation it has ever made. an investigation of the american political system and the presidency itself. >> fred thompson there in the foreground and the use of the word "newsmen." you don't hear that much anymore. well, today, may 17th, is a bigger than a...

Has ever made. an investigation of the american political system and the presidency itself. >> fred thompson there in the foreground and the use of the word "newsmen." you don't hear that much anymore. well, today, may 17th, is a bigger than average day where presidential investigations are concerned. 45 years ago on this very day, the senate watergate hearings that would lead to the end of the nixon presidency got under way. and of course just one year ago, former fbi director robert mueller was appointed special counsel, a consensus choice at the time. with us tonight is our friend jon meach...

You don't hear that much anymore. well, today, may 17th, is a bigger than average day where presidential investigations are concerned. 45 years ago on this very day, the senate watergate hearings that would lead to the end of the nixon presidency got under way. and of course just one year ago, former fbi director robert mueller was appointed special counsel, a consensus choice at the time. with us tonight is our friend jon meacham, pulitzer prize winning author, historian, msnbc contributor. importantly his brand-new book is called "the soul of america, the battle for our better angels." and w...

Must they do this by a certain amount of time or simply whoever gets the majority no matter how many ballots, phases are cast? >> reporter: that's exactly right, fred rericfrederica. they'll keep voting until they find a candidate over the 50% threshold but in terms of the full fleet of five candidates. if they don't meet a bare minimum percentage, they actually come off of the roster and it goes to the next group of voters. so we should strengthen the bottom three candidates to make up a small portion of the support, the former mayor of south bend, pete who was considered the third candidate....