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Unconstitutional about that but the theory of the olc memo is that it is unconstitutional. so i think mueller could have. i understand why he didn't. i think at this point, though, it's very much incumbent upon congress to take up that question, and i think in addition to the fairness point, mueller placed a lot of weight on not wanting to preempt congress's process, and that process is supposed to be informed by judgment made by politically accountable actors. and mueller is not that. >> but in mueller's effort to play it down the middle, i think he left this war shack test that we saw unfold...

Has come on and said, you know, when he's conducting focus groups, yes, people are employed, but they're holding two jobs just to make sure that they're able to pay for that which they need, and they're still concerned about how they're going to be able to afford health insurance. i get your point. i want to remind everybody, answer the survey question at smerconish.com, do it now, okay. will america's gun problem, my words, ever change? . still to come, in deciding not to charge the president with obstruction, robert mueller made his own interpretation of the law, well, who voted for that. it...

Or read "new york times." >> dana: arthur brooks, i read it yesterday. eric, you're cheerful. >> eric: i went through 42 pages of the research piece. if you're married, you're happier than if you are not married. if you're a church goer, you are double as happy than if you are not. white and hispanics a little happier than blacks but republicans are substantially happier with democrats. that is through time. income level also. >> dana: i had a conversation with arthur brooks that told me income wise, the democrats are 9% higher in terms of overall income they bring it down. you can't bring it ...

Certain things and gives the opportunity for growth for the country as a whole and thereby your businesses? >> well, on the fairness point, it is really this. that, you know, even though we would pay a little bit more, we make disproportionately more. that's an indication that the relative tax burden does not rest on the 1% or on the rich but on other income classes. so the rich pay -- the 1% pay a lot in income taxes but they make disproportionately more. so from the standpoint of fairness, it's a strong indication that the relative burden applies to other tax groups other than the 1%. on the...