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That was benghazi. this is different. impeachment has different rules because it is such a grave matter, to remove a president. >> lindsey graham said it about impeachment in 1998. >> i don't know what lindsey graham said in 1998 but -- >> i'll play the sound for you. >> i'm telling you the process is different for impeachment. a whole different set of rules set up to make sure it's absolutely fair and objective to -- >> no. with nixon -- >> in '74 and '98 it did happen. >> nixon and starr both had investigations in private, then handed off to congress. to be fair, henry hyde and clinton and e...

This, fred. the idea of majority and minority right now, that balance is out of whack. why? 2015. you guys changed the rules. >> again, that wasn't for impeachment. that doesn't matter. >> you changed the rules, period. you didn't say not for impeachment. >> not for impeachment. >> you said period. >> the impeachment rules are changed so dramatically -- >> there are no rules for impeachment. >> there are rules for impeachment. they were set in '74 and '98. >> but each one was different. >> they give equal access to the minority for subpoena, for cross-examination -- >> in the hearing phase. >>...

But vow to keep up the fight even though the critical hearing phase is now over. always contentious the hearings even more so because kavanaugh is a trump nominee and the democratic base thinks all things trump are toxic and because he is viewed as more conservative than the man he is placing. justice anthony kennedy was the high swing voteffirmative action and abortion rights. >> roe v wade that a woman has a constitutional right to obtain an abortion before viability, subject to reasonable regulation by the state up to the point where that regulation constitutes an undue burden on the woman'...

It's around in world in a matter of seconds. given the technology, it's so easy to get in the hands of the enemy, the government has to go after this hard. jenna: so you think it's to send a message. is death still on the table, by the way? >> under article 104, death is a potential penalty. i mean, the army hasn't executed anyone, i believe, since 1963. so the chance it would ever come to that is another issue. jenna: and we're still in the pretrial hearing phase. tom, great to have your expertise on this. >> thanks for having me. rick: a senate committee hears from the president's pick to he...