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The 1924 law. i just think this is another twist in the story. and it's not going to hold up in court anywhere. en and they're going to proceed ultimatery the ways and means committee is going to get the tax returns. >> jim, let me ask you obviously the memo, draft memo seems to say executive primeval in this case would be the only way for the president to not do that but it's untested. it would probably go to the supreme court as josh was saying. is there any question in your 19 that the president would exert executive privilege in in case or are you not sure? >> i think, look, john makes goo...

Upon our nation. i hate it. i hate to see situation of parents and children. >> however, a draft memo written by senior dhs officials says the trump administration was considering a policy to separate families as early as december 2017. that is four months before the policy took effect. former white house chief of staff john kelly. also nilsson's predecessor had this to say. the big separation of families thing that happened was a decision made by the attorney general. it was his decision to make and it kind of surprised us. but who is to blame for separating parents from their children is of ...

Attorney general jefs chief-of-staff at the time? >> during the zero-tolerance policy being implemented? >> at what point in time? >> at the family separation policy. let me just tell you you were. >> there was no family separation policy. there was a zero-tolerance policy. >> this has been given fourpy noek yoes several times. you were the former attorney general's chief-of-staff. last month senator markey released a leaked draft memo outlining policies to separate children from their families. were you aware of this memo at the time? >> no. >> so as the chief-of-staff you were not aware of w...

Circuit. they should try to protect the president do their work quietly in offices like normal lawyers. >> harris: and while the members of the media set themselves on fire, don't hand them a bucket of distraction. because we need to know where the truth is. if that's where we are going, don't distract us from it. democrat senator and possible 2020 presidential candidate jeff merkley once the fbi to open a perjury investigation into homeland security secretary kirstjen nielsen. senator merkley claiming he obtained a draft memo that shows the trump administration was drafting policy to separate...

A newly released draft memo shows that as early as 2017, the trump administration had a plan to separate migrant children from their families at the u.s./mexico border. another watchdog reports that the trump administration has no idea how many kids were separated, but it's thousands more than previously admitted. here's cnn's nick valencia. >> reporter: the report is stunning. the hhs office of the inspector general found that the trump administration has no idea how many children were separated from their parents or guardians, but what is clear is that it's potentially thousands more than th...