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Post-february 4th cover-ups by the justice department. you know, there was 10 months in which they said there were no guns walking, until they said oh, yes there was and they retracted the february 4th letter to senator grassley. that's what we liekd to have. if we can have those documents we can postpone or cancel the contempt. >> the underlying problem here is a policy where federal agents allowed gun walking. so they didn't arrest purchasers of illegal guns they let them go back into mexico. ultimately those guns got into circulation, were used to kill two federal agents. that was the under...

The justice department. you know, there was 10 months in which they said there were no guns walking, until they said oh, yes there was and they retracted the february 4th letter to senator grassley. that's what we liekd to have. if we can have those documents we can postpone or cancel the contempt. >> the underlying problem here is a policy where federal agents allowed gun walking. so they didn't arrest purchasers of illegal guns they let them go back into mexico. ultimately those guns got into circulation, were used to kill two federal agents. that was the underlying program. that program whi...

And we'd like to have those. they don't involve executive privilege. pretty clear they're communications about post-february 4th cover-ups by the justice department. you know, there was 10 months in which they said there were no guns walking, until they said oh, yes there was and they retracted the february 4th letter to senator grassley. that's what we like to have. if we can have those documents we can postpone or cancel the contempt. >> the underlying problem here is a policy where federal agents allowed gun walking. so they didn't arrest purchasers of illegal guns they let them go back int...

We're joined live by msnbc contributor, a democratic strategist and republican strategist. julian, i want to start with you. given your considered spear advertise in law as you watch out these events being played out do you believe this amounts to anything short of a witch-hunt? >> no. this has been a fishing expedition. the committee won't win this fight with hoerld. i used to be a staff director of that committee. they never win fights when they are on these fishing expeditions. guns walking was a program started under the bush administration. holder stopped the program. he called for an inv...

Conceded anything. now we have 1,000 documents in question. i think holder's position -- i totally disagree with jay that this is badly lawyered. badly lawyered by the committee asking for things they shouldn't have gotten. but holder saying i will make an accommodation to you. the privilege will be the deliberative process privilege. i'll make a concession to you that other administrations have not made concessions on if we can have an agreement the contempt citation is taken off the table. it's possible it could get resolved today. but it's possible those discussions could go on for the rema...