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happy friday it's 4:00 in new york. he has held no press conferences, done no interviews that we know about he is elusive. the inner workings of his highly sensitive assignment a bit of a mystery outside of what some journalists worked to uncover. when it comes to the special counsel jack smith and his federal investigations, plural, into donald j. trump it takes an ear to the ground adept and trained to know when progress is being made this afternoon trusted voices suggest it is time to buckle up. here's why in dates since the federal appeals court in washington rejected the ex-pres...

That argue before the court, keeping justices off the court and putting other justices on the court has a material role in thomas' life disclose it. >> why does justice roberts continue to do nothing >> i think the formal answer is there's nothing he can really do he is not the boss of the other justices >> the boss of the institution he could demand an ethics -- let's be honest about codes of conduct. they look like something more than nothing. >> the most striking example that i have seen that a chief justice can do a lot if he wants to put the interests of the institution above the prorocky...

Shouting at president obama during one of his state of the union addresses. >> i think that is correct. that was president obama attacking the citizens united ruling, and alito saying, no exaggeratedly. it sets the context for what president biden might say tonight about the court at large. >> and we were talking about the court before, but the other thing going on is unpopular decisions, and also some of this pile public dialogue between justice kagan and miss roberts there, competing events. they've talked about the perceived legitimacy of the court, and then the very difficult public record...

That feels responsible. this feels like an irresponsible action by trey gowdy. >> i think you cannot look at the release of the i.g. report on the hillary clinton investigation that mentions all of this and say that the fbi and not just about trump but about hillary clinton, this report was savage about james comey, the head of the fbi, and his conduct in the hillary clinton investigation, whether or not that had a material role in changing the results of the election. so what this goes to -- >> why isn't james comey up here today. >> he should be. >> he has been, hasn't he? >> because the new...

Them. and then people like bergdahl who should never have been allowed to go back into service. they were issuing for every five recruits one waiver to get people in at this time. why this? i think there needs to be a balance of the portrayal of bergdahl. please don't take this as me defending him. i'm not. i'm defending the fact that the army has a material role in having recruited him. the army is partially responsible here for what happened. with that said, there's no justification in my mind for every abandoning your post. which as secretary hagel said, this is going to have to be dealt wi...