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So those agencies are all the traditional humphries executive agencies. the concern i explained goes back to your point about federalist 47. if you have an independent agency that is completely unaccountable to congress or unaccountable to congress or the president and one person in charge, that becomes an extremely powerful position. >> okay. social security has been like that for a long time. so my issue is, when we were talking about executive power, you talk about how congress has to step in. that's a lot of the argument that you made to my colleagues. senator sasse and congress has to ste...

Had the power but not the right to do it. >> distinguish. >> certainly the deputy director and the director can countermand a decision by opr, but it doesn't happen very often, and in this case it is hard to reach any conclusion other than the decision to reverse opr's decision was itself motivated at least largely by politics. >> well, but they didn't say as a matter of fact don't fire him. they just said, opr, this is what we recommend. then you have the president of the united states tweeting, just fired strzok. if the president of the united states doesn't want you in the fbi, should you s...

Should be going around and telling executive agencies -- executive branch agencies who they should be firing and who they should be retaining. i think that's completely inappropriate for the chief executive of the government to do that. >> but he's in charge of the doj. i mean these people all work for him, at his direction. if he were to call and say, i want to get rid of the attorney general, he gets rid of him. if he says, i don't like christopher wray at the fbi anymore, then he's gone. if he doesn't like strzok, whether it's the right call or the wrong call, it's his call to make, isn't i...

Can't opine on that because it could come before me. but there's precedent for more general questions that you can probe on his views. what is your thoughts about presidential power? what is your view of whether something is good precedent? tell us about -- you've written these things about executive agencies. what were you thinking there? but he will be very well rehearsed, and he will be able to shy away from anything that can be construed as a possible question that could come before the court. >> why will it be that much harder in your eyes for this confirmation process to get through than...

Inappropriate. i can understand that rosenstein may have felt he was being mistreated, but that doesn't matter. you have to get over it. congress created the department of justice, this isn't personal. it isversight buss. so no matter how aggrieved you may be, you cant speak to an oversight committee and threaten those staffers with taking something like subpoenas to their doorstep. >> tucker: congress does have oversight over the executive agencies, including the department of justice, correct? i mean, you watch the other channels and would think that was something that the right-wingers made...