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Do you believe that? >> i can't imagine why he'd have to recuse himself. every judge makes decisions based on the facts known to him. recusal doesn't come into play because a judge has had an issue in the past. it comes in with personal conflicts of interest. i'm not aware of any reason brett kavanaugh would have to recuse from that investigation. >> we know how he feels about presidential power and independence of organizations and of agencies. where do you think he stands on the fbi and the department of justice and their independence as well? >> you know, i think judges come at cases not ha...

That effects personal interest. recusal doesn't come into play because a judge has had an issue in the past. it comes in with personal conflicts of interest. i'm not aware of any reason brett kavanaugh would have to recuse from that investigation. >> we know how he feels about presidential power and independence of organizations and of agencies. where do you think he stands on the fbi and the department of justice and their independence as well? >> you know, i think judges come at cases not having a position on the parties. i think judges come to cases with legal issues presented to them. i'm ...

Republicans and democrats think highly of mueller, is also not going to aqueous to this further interference in the russia investigation. >> he appointed the -- got the special counsel just recently. you said congress would just step in if this was done, congress would re-establish the independent counsel statute. are you confident republicans would go along with that? >> i think the pressure on republicans would be even too much for them to resist. i hope it doesn't come to that, we're tested this way. i hope i'm not wrong about this. at some point, republicans have to stand up and speak and ...

I think you are right. i would hope you are right that jeff sessions would tell the president, number one, this is a bad idea, number two, i recused myself and number three, if you make me do this, i will quit. it would fall to rod rosenstein. having spoken so highly of mueller and republicans and democrats think highly of mueller, is also not going to acquiesce to this further interference in the russia investigation. >> he appointed the -- got the special counsel just recently. you said congress would just step in if this was done, congress would re-establish the independent counsel statute....

What he wanted, wouldn't -- this is something that the attorney general is supposed to do. it's not something the president himself is supposed to do. attorney general sessions because he recused himself, wouldn't he have to recuse himself from that decision? wouldn't it automatically go to rod rosenstein? >> it should. but then again, attorney general sessions should have had nothing to do with the firing of james comey and yet he did. the recusal isn't worth that much. if you are making decisions and you recommend firing the top investigator in the russia case, that recusal doesn't amount to...