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The point you are making on matt whitaker. you do think there should have been an official review, and when they said you should step aside, do you feel he should have? >> i think he should weigh seriously the process that resulted in that advice. then it's his judgment and he's accountable for that judgment. had i been in his place, and i am not in his place, i would have said i want to know what the ethics experts at the justice department say, and i will weigh that carefully, and i would say those recommendations would have have very heavy presumption of correctness, and that's a long way o...

Ben wittes, i want to ask you about something else ken referenced. we learned yesterday that whitaker, the acting attorney general is not recused, despite the advice of ethics experts and the department, and they have formally notified congress of this decision. as ken pointso out, there is going to be some discretion in term terms of how this report is disseminated. is there any way to guarantee that at least congress gets to take a look at it or not? >> well, i think congress has its own tools to make sure that it gets to see what the special counsel writes, but you know, the administration ...

High school people that suggested that jeff sessions should recuse himself came to the opposite conclusion on this memo. the ethics experts say this is not disqualifying for barr. but it's ridiculous to suggest that. what barr is raising in great detail is the type of problem that some of us have talked about for over a year. that people keep on referring to obstruction like it's obvious that a criminal case could be made because you fired james comey. but it's not. it has precedent. what barr is addressing in 19 single-spaced letter is that there's a disconnect between that theory and the his...

Including a company called cadre, and there's a new tax break backed by the president. this tax break is aimed at booming investments in low income communities, those areas that qualify for the program are called opportunity zones, and kushner already owned property in the new jersey area which was designated as an opportunity zone earlier this year. they spent about $13 million buying new properties that are eligible for the tax break. in addition, cadre, the company that jared owns a piece of recently announced it would be saw li soliciting investments in this deal. ethics experts and admini...

That route because it's too obviously disingenuous are simply saying -- >> may be the alternative is that whitaker refuses himself. >> i love your point. the legal realities of it, here is the statute. it allows for this. and they are like wait a minute. he should recuse himself. what they say as he has given opinions in the past where he disparages the mueller probe. i don't think that it rises necessarily to the level of recusal but i did here, in fairness, and i agree, that he's speaking to the ethics experts at doj and he's going to follow their advice. everybody should not necessarily pre...