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>> 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...

Month nation nay g a significant moment in the past could be kucoming back to haunt the nominee for the supreme court. two years ago the judge was asked if he could think of a supreme court case that deserved to be overturned. he hesitated to comment and then gave this answer. >> 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. >> here, here. >> okay. now, let me tell you a little about this. on morrison vs. olson, the supreme court decided back in 1988 that the independent counsel ...

About this particular exchange that you showed is that morrison versus olson actually hasn't been effectively overruled. what happened was that congress decided that as a policy matter both sides, democrats and republicans, hated this law and they let it expire. so it is no longer the law. however, the rules of special counsels were then transferred to the justice department. >> right. >> and robert mueller cannot be fired except for cause under those rules. so if brett kavanaugh thinks that that is too much of an intrusion on the president's power, it would mean that the president or whoever ...

From 2016. judge brett kavanaugh doing something that judges actually rarely do, he volunteers a supreme court ruling that's on the books that he personally says he wants overturned. guess what? it's exactly the kind of case that trump and giuliani would love to see overturned, a case that makes a white house subject to tough criminal investigations. the case morrison v olson. >> can you think of a case that deserves to be overturned? >> yes. actually, i'm going to say one, morrison v. olson. >> that's the independent counsel statute case. >> it's been effectively overruled, but i would put th...

Constitutional. there is a key supreme court case, morrison v. olson, in which justices said a much stronger law was constitutional. some of my colleagues have been hesitating moving forward on this bill. most importantly the chair senator grassley. we have engaged in a campaign to try and remind our colleagues that this is constitutional is, that it is the easiest way that we can put a speed bump before president trump in the likely event that he decides to fire special counsel robert mueller. >> you said in the likely event. do you really go to bed at night worrying that by the time you wake...