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Normal succession, the deputy attorney general. the solicitor attorney general, the president ignored all of that to appoint mr. whitaker as acting attorney general. it raises a lot of legal questions, both under the statute and then also constitution ali. >> john, what about the decisions he will make, daily decisions on a host of issues. aside from mueller, can those be called into question by anybody who is criminally liable under civil litigation? >> i think that really is the question that the president's lawyers at the white house, i assume raised with him, and that obviously, this is po...

Sacrifices made by veterans past and present, and never forget those we lost on 9/11, heroes like pete's father. so pete, i'll just say, never forget. >> never forget. and that is from both of us. >> democratic lawmakers are preparing for clashes over the russia investigation. >> the first thing obviously is to protect the mueller investigation, the president's dismissal of attorney general sessions of his appointment of whitaker who is a complete political lackey, is a threat to the integrity of that investigation. we will hold hearings on that, and our very first witness after january 3rd, w...

The president could have avoided all of this by picking a senate confirmed position if he was so frustrated with the deputy attorney general, he could have picked the solicitor general or an assistant attorney general, and there would not have been all of this fuss, and potentially put the president's legal agenda into peril. >> to those who say, you shouldn't prejudge what matthew whitaker will do regarding mueller, once he's in this different office. how do you get past what he's said publicly, for instance, challenging the legitimacy of one of the first supreme court decisions, marbury vers...

Of interest. including whitaker's past statements concerning the mueller probe. joining me now is legal adviser to the security council under president bush. and what i know you from also is, of course, the top lawyer at the state department with condoleezza rice. thank you very much. your conclusion is, that matthew whitaker is the wrong person for this job, legally. constitution ali. >> it's legally questionable to appoint someone who is not already a senate confirmed official at the justice department in the nearly 150 year history of the justice department. there have been a lot of acting ...