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>> i understand it's challenging for them. most of the state legislatures are republican. most of the governors are republican. we actually grew our majority in the senate. of course, we won the presidency. this blue wave it supposedly happened in the house -- i mean, if you compare to obama's first midterm election, they lost 63 seats. we only lost 40 seats this time around. yeah, they're having a hard time getting their message accepted by the american people. so now with two they want to do customer if you want to do away with the electoral college. they want to force california's style of ...

>> that's a different discussion. that's a different discussion. that's not what we're dealing with. >> it's apart of the same relic of the constitution -- >> so you think the constitution is a living document and we should amend it then, then let the states do that. we have a system to do that. a direct democracy vote would x out minority and smaller states and -- >> that's just not true. >> let's end on something where i think we're both going to agree and this is just continuously disgraceful. this is yet another swipe that president trump took at the late senator john mccain. this is as re...

Don't know. >> don't know. >> outside of the zen, check, so we hear the critics sometimes dialed up to volume 11 talking about how the steele dossier formed the basis for any fisa warrants, any surveillance warrants issued by the judge. what's your take on that based on everything you've reviewed? >> well, and you know this better than me, glenn. in order to get a warrant from a fisa court, you only need problem ble cause and that's reasonably easy for a good prosecutor to get. the steele dossier formed part of the basis for that warrant, not all of it. i guess my legal answer is so what? as l...

The executive and legislative branches is using the judiciary to get their work done. i have an issue with president trump launching executive orders, the same way with president obama, they get undone by the courts and they have to work through the system. instead of crafting them the way they should come i also have an issue with some of the things democrats have said about the president in regards to this partisan infighting. in terms of immigration. but were going to get to that little while. of course there are different ways of interpreting the constitution then it's not necessarily libe...

And i think it comes with the idea of a structural strict reading of the constitution that is now being advanced by doctrinaire conservatives as opposed to saying that the constitution is a living document. and kavanaugh steps in at a time when we have a controversial cases dealing with abortion specifically and i think that's a key one. but also with things like voter suppression, and you have to stop and think about gun control, or something that justice scalia was obviously so central one, that will come back. on all of these issues now, if you have a solid five-member majority, republican ...