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In other words, the justice department itself you say has to be investigated. that's what you're saying right now, michael. the justice department of eric holder has to be investigated. >> i am saying that where you have a department of justice lawyer who under oath is saying my colleagues would not pursue this because they didn't want a color-blind application of the law, you've got to go to the next step. >> okay. who would do the investigation? >> well, in this case i think that the criminal prosecution should have been permitted to continue. >> no, no. who investigates the investigators? >...

Steven. i think there's a challenge here to the administration of barack obama that may well be ethnic. president of the united states, first african-american and eric herald is the first african-american attorney general actually. i hadn't thought about that. that's the case, trying not to think about these things all the time, but there's some people that like -- would like us to be thinking about race all the time. >> yes. >> is that's what's going on here? >> it appears. that's what we saw in the sherrod case. it was such an over, overexamination of everything that happened and every decis...

In the 45 years since the act was passed there have been a total of three successful prosecutions. so, okay. let's go back to michael on this. you say there ought to be an investigation. you don't think this is just right wing swirl. this is just an attempt by the people on the right, especially fox, to just keep pushing this -- this beach ball in the air until it finally creates some noise. >> there's a lot of swirl associated with this case. i will grant you that. i remember very well on election day when there were individuals who were trying to spin this as indicative of what was going on ...

Composition of that voting locale that obama was going to clean house. i've always said this was a case about tv and not about turnout. these are a couple of knuckleheads. they are well known to anybody who walks adjacent to city hall in philadelphia. they are always looking to create a spectacle. so, therefore, i think that their mission was accomplished. they are on "hardball" yet again tonight. having said that, having said that, i still think you need an investigation because you've got a department of justice lawyer, now former department of justice lawyer, who is saying under oath that t...

This is just an attempt by the people on the right, especially fox, to just keep pushing this -- this beach ball in the air until it finally creates some noise. >> there's a lot of swirl associated with this case. i will grant you that. i remember very well on election day when there were individuals who were trying to spin this as indicative of what was going on across the city or indeed across the country, and it's all very clear now. it was a one-off incident. my position is there's no such thing as small potatoes. one instance is enough that needs to be prosecuted. and wait a minute, chris...