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We learned whittaker is rejecting advice from doj ethics officials to recuse himself. he sought out this informal advice. ethics said it was a close call but they would recuse. should whittaker have taken that advice? >> i think it should have. it's quite interesting it wasn't in writing. he wasn't on the campaign like jeff sessions. he doesn't have any people in the white house or appearance of conflict of interest. i think it's clear given the president stepped over rod rosenstein to put him here, the reason he's in this position is because he doesn't support the mueller probe. i think there...

He hasn't been fully briefed but it's still deputy attorney general rod rosenstein who is like the primary person overseeing the mueller investigation. >> correct. i think that's important. whittaker appears to be trying to finesse something here. he knows he couldn't recuse or he would risk the wrath of his boss. while he's saying he's retaining ultimate authority, he is delegating the day-to-day oversight or management to rosen si stien who has been fully briefed. >> regardless, democrats are not happy. chuck schumer says it's an attack on the rule of law. senator warren, this is alarming. >...