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If you disagree, say so. >> the say goes into the decision of morrison v. olson, the case where antonin scalia made his wonderful life, this wolf comes to us in wolf's clothing, talking about how bad the statute is. i think what this shows is how bad that decision was because a superior officer, principal officer has authority to set policy and broad discretion and inferior officer does not. but mueller doesn't really report to anybody. he reports to rod rosenstein, but in fact as you point out, he's got a roving brief that seems unlimited to go in almost any direction he wants, and so i don't...

American constitutional history the one he would like to, as he said, put the nail in the coffin, is morrison v olson. it was striking he's been that forceful before coming in front of us about presidential power, and then clammed up and really would not answer that question in front of our panel. i thought senator harris did a great job of getting him right in her sights on the chinese exclusion cases. i think it was also telling that on presidential power he wouldn't say why he previously had offered it was the most important case to overturn. >> you know, nick confessore is here and he's go...

Disagrees with the conduct of the prosecutor, he should supply fire him and bear the consequences. my point essentially is this. i'm convinced that you said repeatedly that you support the traditional practice of appointing special counsels but you haven't acknowledged that you supported this practice because the president has retained the power to fire the special counsel at will. those of us that have tried to enact statutes that might restrain the president in some way, by putting many place for cause removal restrictions have thrown back at us, the dissent from morrison v. olson, is profou...

>> criticized your minority in the face of morrison. >> again, we're talking about independent agencies, so the traditional independent agencies on the one hand and the old independent council that is long gone on the other. the independent counsel regime, this committee and the congress as a whole decided was a serious mistake. senator durbins words, unrestrained, unaccountable, unconstitutional -- >> what i'm concerned about, judge, is not so much whether there's members of this committee or other justices that viewed the independent counsel statues as a serious mistake but whether you view ...

Question, i don't view the issue in the independent counsel statute and the morrison v. olson as dealing with a long passed statue and a an obscure not relevant issue. the reason you reached out and volunteered that you loved to overturn morrison v. olson isn't because scalia wrote a powerful and moving dissent. it's because of a view of the executive branch having all of the power of the executive branch in the president's hands that you have articulated across speeches, interviews, writings and opinion. an opinion this year. that's really your view of the executive branch. >> i've not -- i'v...