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Responsibilities in our constitution. he has commander in chief power. when the congress and the president are in disagreement, that's the other end of the spectrum. the president there is acting with -- at the lowest ebb of his authority. when congress is silent, that's the gray area in between. that's how a court as opposed to a lawyer or advocate approaches the problem. >> let's go to that then. president trump has declared that torture works. he said, and i quote him, bring a hell of a lot worse than waterboarding, close quote. 2002 memo argued of by jay bibey from the office of legal coun...

I can't do it. wouldn't be responsible. but every law this body passes, i take seriously. i respect this body. and nobody is above the law in this country and that includes the president of the united states. well, when you were there -- i don't know whether these are among the things that senator feinstein gave you, but when jay bibey wrote any effort by congress to regulate the interrogation battlefield combatants would violate the constitution, so vexing of the commander in chief and the president, and you appear to advocate for a similar view when

You attempted to get president bush the flexibility not to be bound by senator mccain's legislation. >> senator, my recollection is that mr. bibey was long gone from the department before i ever showed up. and that by the time i got th e there, the department and the president were willing to work with congress to try and establish a regime that would govern operations at guantanamo. that's my recollection. and my role was a lawyer. and predominantly overseeing litigation filed by others against the government. i had a role as a lawyer, a significant one, but i was not a policymaker, senator. ...