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The supreme court at a moment in u.s. history where there are serious questions being raised about the accountability and responsibility of the president of the united states in many instances now. he has come down on the side of a strong executive who would somehow be protected from the ordinary investigation and prosecution that other americans are spuubjected to. >> reporter: after our story publish earlier this morning, the senate minority leader chuck schumer expressed his concerns about this and also said that judge kavanaugh, if he's confirmed, needs to recuse himself from any matter in...

Years. now it is important to note there is a difference between independent counsel and a specs counsel. there are different regulations that govern both and special counsel like robert mueller has to report up the department of justice where the independent counsel reports more freely. however, regulations could be at risk for the special counsel if kavanaugh had his way and overturned that ruling, namely whether or not bob mueller could be removed for anything beyond, quote, good cause. now when judge kavanaugh was speaking to a conservative group two years ago, this is what he said. >> i t...

Tape from a panel discussion with brett kavanaugh. judge brett kavanaugh back in 2016 may now be front and center when he faces questions from senators deciding his future, his comments about none other than the role of an independent counsel. cnn's manu raju has more from capitol hill. >> reporter: a new video shows judge kavanaugh raising concerns about a three decade old supreme court ruling that upheld the constitutionality of the independent counsel. this is raising questions because judge kavanaugh has separately raised concerns and skepticism about whether a sitting president can be ind...

>> no. [ laughter ] >> pending confirmation hearings, yes, sir, right here. >> thank you very much. >> actually, i was going to say one. morrison v. olson. >> that's the independent counsel statute case. >> it's been effectively overruled but i would put the final nail in. >> given his hostility towards that ruling, there are a lot of questions about how he views the mueller investigation and whether or not he believes the mueller investigation is constitutional or the special counsel himself is constitutional which would be significant if any issues arising from that investigation come before...