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The rest. we're talking about 200 emails. >> paul: and he is resisting the subpoena? >> he still hasn't complied. >> paul: can the senate confirm somebody that resisting a federal subpoena? >> he does deserve extra scrutiny. this theory he has been using and that the justice department has been using. it's notion as dispirit impact sing statistics to prove discrimination. if you have racially disproportionate outcomes, ipso facto is very disturbing so you have people like this obama, holder and perez putting forth this. people using government powers to save one group over another.

Found. and then investigators subpoenaed him for the rest. we're talking about 1,200, thereabouts, emails -- >> he and the government are resisting the subpoena? >> he still has not complied with the subpoena. >> jason, can the senate really confirm somebody who's resisting a congressional subpoena? >> a number they can -- we don't know if they will have the numbers. but he does deserve extra scrutiny. this theory that he's been using and that the justice department has been using is very disturbing, paul. it's known as disparate impact theory. it's using statistics to prove immigration, disre...

>> what i'm saying is that when you know that islamic terrorists, by ipso facto are going to be muslims and you know for instance in new york we have had so many plots against new york which have been stopped by the nypd and by the fbi that come out of that community, when we see the number, for instance, eric holder saying he stays awake at night worrying about radicalization in the muslim american community, then this is a serious issue. and just as when you know whether, i'll use the example the mafia, the westies, aryan nation, whatever, you look at certain areas where you believe those pe...

Political correctness is limiting this? because i guess some critics would say you're advocating a form of profiling. >> what i'm saying is that when you know that islamic terrorists, by ipso facto are going to be muslims and you know for instance in new york we have had so many plots against new york which have been stopped by the nypd and by the fbi that come out of that community, when we see the number, for instance, eric holder saying he stays awake at night worrying about radicalization in the muslim american community, then this is a serious issue. and just as when you know whether, i'l...

harry reveal his sources and we'll probably find out it's the white house. >> so far he has not. you will see in a moment when dana bash joins us, he is offering no facts, no evidence, just insinuations. before we go fther on this story, you should know we're not being partisan here. for weeks, we reported on michele bachmann and others making unfounded allegations about infiltrating of the government. the standard shouldn't be different for democrats, independents, libertarians or anyone. extraordinary allegations require proof. michele bachmann and company don't have ordinary proof...