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Described as a cover-up going on in the west wing? >> i don't think it requires speculation. they are clearly trying to keep people from understanding what happened. they're not being forthcoming. it could be even broad er than that. i think mika asked the question, can this be fixed in any way? there needs to be someone new at the justice department in charge of the investigation. i don't think it can be the deputy attorney general anymore. i think someone else there who is fiercely spent and with no taint whatsoever has to be in charge and it has to be someone who publicly pledges fierce det...

Certainly i would be, there might be a possibility that the president inadvertently waived executive privilege going forward by mentioning that in the letter. >> that has been discussed. we will find out. one thing is for certain, james comey is going to have the opportunity to clear himself because he may find himself in legal peril if he doesn't answer that question. in effect, you may be right. >> we have a lot more to get through. there are many layers to this and more to share with our viewers. joe, i'm going to end on this nugget and let you sum it up here as we close out this block. jam...

Should stay in place. >> how would they decide that? >> they're first going to talk about standing. it's a legal concept. do the states have the right to sue? that may take up most of the hour of the argument. if the states can't bring this lawsuit then we never reach the constitutional question. >> does washington, minnesota have to say that we as a state and states have been irreparably harmed? that's a high bar for them to prove. usually it's just individuals who would have standing. how difficult will this be for them? >> we'll have to wait and see what the court thinks. their argument kin...

Strategy and plan here. >> john, let's talk about a candidate who doesn't have an organization on the ground but is doing well in the polls, that's joe biden not even in the race gaining ground on clinton. polls showing in part because he has a quality that voters don't appear to see in clinton, tha s honesty, sincerity. does the democratic party need joe biden to run? are they getting nervous with clinton that they want biden as plan b? >> plan b is what joe biden is for the democratic party. in any normal year the vice president of the united states running to succeed a two-term president wo...

California law, not the courts but california law at the time as a matter of conscience. kim davis says she's defying the court in this case as a matter of conscience. isn't there an equivalent there? >> no, the law is settled or constitutional da democracy. she's an agent of the state, the constitution has been settled, the constitutional question. what we did in 2004 wasn't settled until the california supreme court ultimately adjudicat adjudicated. when they did, we stopped and that's the difference between the two cases and mike huckabee is simply blantley wrong on the facts and law. >> ke...