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Is now before me as a nominee to serve on the supreme court. so i've got a question. would you vote to overturn morrison? >> senator, first of all, i if -- cora matsu has been overturned and buckview is a disgrace. >> so you say oh, this 30-year-old decision about a statute long gone, that's the one i'm going to hold up to get rid of. >> i really did have justice kagan's comment foremost in mind. i thought she already talked about morrison v. olson. >> nothing to do with the view of presidential power? >> i've written about the special counsel system. i've said in the 1999 georgetown article t...

Prosecutors. i don't mean to get too arcane but there was a law called the ethics and government act where a panel of judges appointed the prosecutors and ken starr was one of them for whom judge cavanaugh worked. that's what was upheld in morrison v. olson. . hessian i don't think there is much legal controversy over whether robert mueller has the legal authority to do what he's doing. we can debate about whether he's doing a good job but i don't think there is the same kind of controversy and we're starting so i'll shut up. >> it does look like we are about to gavel in. there you go. senator...

President. the real issue is a subpoena which is very likely to wind up before the supreme court. can the court force donald trump to comply with the grand jury subpoena if mueller issues one? that's very likely to be before the court and i think if you look at kavanaugh's history, i think the likely answer is no, he can -- the court won't force the president to testify before judge kavanaugh is a very big believer in presidential power. >> what about jeffrey toobin just on that point also about special prosecutors, for example, you remember his comments a while back on morrison v. olson. the ...

I would put the final nail in. >> here, here. >> questions along these lines are going to be front and center at the hearing, and kavanaugh's view on independent counsel, whether or not the president could be indicted while in office or subpoenaed even for his testimony, how do you think he will handle those questions? >> this is an area where i think he actually can't say nothing because he has academic work and public speeches like that one -- >> he has a track record? >> he has a record that is not a judicial record. he has actually written things in his own voice, and i think he is going t...

Of power. >> he has taken this process and really molded it and changed it? >> i think so. and i think -- i argued back at the end of president obama's term that even if you didn't want as a conservative, i didn't want another liberal justice on the bench. i thought merrick garland deserved a term. >> certainly there are a lot of democrats who agree with that. they are still very angry about that. as we wrap up here i want to play some sound that we have from brett kavanaugh talking about the independent counsel law. this could come up in the hearings. take a look. >> can you think of a case t...