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Leaving the door open to a legal challenge. it's unclear whether it will get anywhere if they go forward. the other thing republicans are making a point of, and i spoke to senator john cornyn, and he was saying his real problem here is not the person, it's the office created by the dodd-frank wall street reform bill. >> to vote on a nominee, it's nothing personal about this individual, it's about the unprecedented power given to another czar on steroids. >> reporter: that's really what the controversy is, it's beyond whether recess appointments are valid, it's that the republicans don't like t...

Challenge. it's unclear whether it will get anywhere if they go forward. the other thing republicans are making a point of, and i spoke to senator john cornyn, and he was saying his real problem here is not the person, it's the office created by the dodd-frank wall street reform bill. >> to vote on a nominee, it's nothing personal about this individual, it's about the unprecedented power given to another czar on steroids. >> reporter: that's really what the controversy is, it's beyond whether recess appointments are valid, it's that the republicans don't like the president staffing up this con...

Different judges, they hook onto different things. but the state standing issue has arisen in that case, but it's been a check box. it really shouldn't be a point of -- point of conflict. it never has been in the past. while it may be a point of annoyance to the federal government, states have the right to protect the areas of their legislation from federal pre-eion. >> do you have any dowpt doubt in your mind that your decision was strictly a legal decision, exercised with good legal judgment? or do you think this has some element of politics in it? >> vitrained myself to answer that one way,...

well, that's it for this edition of "reliable sources." i'm howard kurtz. we're off next sunday when cnn will be providing live coverage of the dedication of the martin luther king memorial on the mall in washington. we're back the following week with another critical look at the media. "state of the union" with candy crowley begins right now. an august of angst, at the battle of 2012 erode the president's support. today, the summer slump with obama senior campaign strategist david axelrod and then job creation in uncertain times with governors o'malley of maryland and mcdonnell of...

Drives is because the obama administration chose not to bomb this palace but to -- or this mansion, but to go in there with stealth, covertoperatives and take what they could get. the underlying message here is it was extremely important to get this information and it's probably the most amount and the most incisive and the most comprehensive information we may yet have in understanding bin laden and his directiveship of al qaeda. >> i want to bring in our other analyst to talk about this, general mark kimmitt. tom fuentes, formerly with the fbi and our national security krinter, fran townsend...