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So our constitution says quite clearly you need senate confirmation for these kinds of positions. now, of course, if it's an emergency situation or something, the constitution has ways to bend. this is, as far from an emergency as you can imagine. >> in the case of the acting attorney general, i mean, that's different than even the administrator, epa wheeler who is senate confirmed. normally you have people in these positions who are senate confirmed. they have now set up essentially a kind of legitimacy crisis, particularly if something happens in the mueller report in the new year. >> absolu...

This is, as far from an emergency as you can imagine. >> in the case of the acting attorney general, i mean, that's different than even the administrator, epa wheeler who is senate confirmed. normally you have people in these positions who are senate confirmed. they have now set up essentially a kind of legitimacy crisis, particularly if something happens in the mueller report in the new year. >> absolutely. the striking thing is our founders anticipated all of this, chris. if you go back and look at hamilton in federalist 76, he looks -- he said senate confirmation is necessary because otherw...

And what president trump has done is he's said, i'm worried about putting some of these people up for confirmation, including the acting attorney general matthew whitaker. whitaker as we learned yesterday in the "wall street journal," is a guy who lied about the most basic thing, that he was an all-american athlete. that kind of lie, when i supervised hiring at the justice department, i wouldn't hire that person to be a paralegal or line attorney, let alone the attorney general of the united states. and so our constitution says quite clearly that you need senate confirmation for these kinds of...