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Wine-banks, and msnbc legal analyst, and ben wittes. jill, is this as shady and as wrong as it looks to me? >> yes, it is, it's a real wow. i'm just stunned. first of all, there was an announcement that the ethics people had advised that he did not need to recuse himself. and then they withdrew it and said, actually, the ethics people had advised that he should recuse himself because it looked bad because it looked like there was a conflict of interest and the appearance was enough to require him to recuse himself. and yet here he is saying he will not recuse himself. it is wrong. it is just p...

His opinions have been expressed both factually and legally, and that bars him from making an objective decision on it that isn't predetermined. >> what do you think, ben? >> i largely agree with that. i think the -- look, he received advice apparently from the ethics people that it was a close call, that there was no actual conflict of interest. but there was an appearance problem. and in that situation, given the magnitude of the appearance problem with respect to the most important thing on the justice department's plate right now, the right thing to do is not to put the department in that ...