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Emergency because always worry about that abuse in the future president. >> i think it would be in this state for the president to invoke his national emergency powers for this purpose and that it would be a dubious constitutionali constitutionality. >> they would hate to see it. if that are the consensuses are these various republicans are going to sit back and let the president do it? >> we'll find out, katy. >> reporter: i have in my inbox, a statement from thom tillis just sent out saying he does not believe in situational constitutional principle. he was against this kind of over reach wh...

Normal succession, the deputy attorney general. the solicitor attorney general, the president ignored all of that to appoint mr. whitaker as acting attorney general. it raises a lot of legal questions, both under the statute and then also constitution ali. >> john, what about the decisions he will make, daily decisions on a host of issues. aside from mueller, can those be called into question by anybody who is criminally liable under civil litigation? >> i think that really is the question that the president's lawyers at the white house, i assume raised with him, and that obviously, this is po...

Of interest. including whitaker's past statements concerning the mueller probe. joining me now is legal adviser to the security council under president bush. and what i know you from also is, of course, the top lawyer at the state department with condoleezza rice. thank you very much. your conclusion is, that matthew whitaker is the wrong person for this job, legally. constitution ali. >> it's legally questionable to appoint someone who is not already a senate confirmed official at the justice department in the nearly 150 year history of the justice department. there have been a lot of acting ...

>> talking about executive order. the president campaigned on rescinding this executive order from president obama. he also talked about not using executive orders in general to govern. do you find a disconnect between his desire not to govern using executive order, but his use of them as frequently as he has so far? >> certainly presidents have the right to use executive orders where appropriate, but regarding the issue of immigration, where there have been court decisions on this so far, the courts have ruled that there has been an executive overreach, that is not always the case regarding e...

Continuing to be employed? that sort of thing? >> yes, that's correct. and i have confidence in these 800,000 young people. they were brought here as children. and i hope we're able to address this issue, and, katy it is the responsibility of congress to do so constitution ali. >> these children that were brought here, these people that were brought here as children, who are now -- who have come out of the shadows, gotten gainful employment, who are in school, the federal government knows about now, can you look them in the face and promise them that congress is going to find a way to fix this...