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then be heard saying on capitol hill. the committee pointing out they were directly reacting to what they were hearing from the president. and even after the horrific violence, another late message to mike pence. the lawyer working with trump saying there was still time to do this, to not certify the election. jonathan karl standing by with the testimony. also at this hour, the severe storms we're watching in the east at we come on the air. a tornado watch now in effect for parts of pennsylvania to new york. severe thunderstorms from the carolinas all the way up into the northeast....

Roger. the department of justice is investigating fox news as to whether or not they fail toded o divulge this information. >> it's the southern district of new york which has a reputation for this kind of tuft. the effect of a federal investigation is very serious because they have an ability to dig that you just don't have in a civil lawsuit. if the doj is interested and start issuing subpoenas. if they decide to dig deeply, they are the agency to do it. and they could unearth things to make a plaintiff's case very powerful. the doj wants to get to the bottom of it, they will. >> if they wan...

Day. he's speaking live. we'll have something for what we'll do with working on that now. i'm going to end for today and have a good one. >> sean spicer, white house d e daily briefing taking off a will the of answers to questions including why is jared kushner in iraq instead of the secretary of state. how comfortable does the president feel with republicans sounds like potentially invoking the nuclear option when it comes to getting judge gorsuch as the next justice. and all kinds of questions in between. we have a great panel with me. >> how obama let progressives

States senate not to approve justices at that late point. that was democrats and republicans. i understand that democrats are upset about it. >> i would add when it comes to what democrats and republicans believe on this doesn't have a lot to do with the constitution. it has to do with the balance of power on the court. and if merrick garland has been cob if you remembered, that would have changed the balance of power. this point this time, you're looking at a conservative justice who passed away being replaced by a conservative appointed justice. the next fight is really where some of this is...

Live with it and move on. >> it's simply not true. the republicans have never use ed a filibuster to block a nomination. what happened with merrick garland is a long standing president in the last juror of a president's term you don't get the chance to fill in a very important 30-year term for a candidate. >> where did that rule come from? >> it's a long standing precedent. >> no, it's not, senator. let's go by the constitution. you said about president trump and i would agree. he was elected. he gets to nominate his person to the supreme court and it comes up for a vote. president obama was e...