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Bill: fox news alert on the showdown over the fast and furious investigation. hello, everyone, i'm gregg jarrett in for jon scott. jenna: i'm jenna lee. this is continuing fox team coverage of the eric holder contempt hearing happening as we speak right now on capitol hill. earlier today the white house asserting executive privilege over the documents in question, basically saying, you're not going to get a chance to see them to this committee. mike emanuel is live on capitol hill. doug mcelway is at the white house. we'll start with mike. >> reporter: the assertion of executive privilege happ...

Seems like in middle of an election year we're focusing on this look at partisan lines upon which this is being debated in the house. looks like a witch-hunt. >> wide receiver much smaller scale program, and two, they actually tried to track the guns. >> right. >> the problem with this one, alan, they said okay, we'll let the bad actors buy the guns. we have no means to track them except for when they show up at crime scenes. >> holder? how far does it go? >> that is wonderful question. it would be nice if the administration would answer it and get all the documents necessary to answer the que...

Major white house involvement at all. however as william has pointed out, and i should point out william la jeunesse has done a great job covering the story from the beginning, there have now been two major retractions by the doj, one of them today and that big letter that had to be retracted back it february. this is a complicated story but one we've been following very closely for a long time. jenna: we certainly have, bret. at the center of this we don't want to forget there is a family that lost their son, brian terry. that family is still looking for answers why their son died. one of our...

Nevertheless what they've claimed is we never made the connection, between wide receiver which we knew about and gun walking in fast and furious. the congress has maintained that it's impossible for you not to have known between the two, that you would have raised the question, if you gun walked then aren't you gun walking now? it's the same office, same people in charge at atf, that you would not have done the same thing, and there are some emails that do indicate that they did make the connection between the two. gregg. gregg: william la jeunesse, thanks very much. we'll continue to follow w...

Say something about this but is unable to. she referred us to her attorney. this is a big case for the family as well. it is a good reminder today as we cover the news the loss of the young man on the screen. bret, more coverage on "special report". thank you. >> sure, jenna, the overarching question here this use of executive privilege, is it constitutional? bruce fine is former associate attorney general. he served under president ronald reagan. bruce, great to see you. it has been a while. >> thank you. gregg: is the application here appropriate of executive privilege or not? >> no. when it...