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Well, if i might to make sure we are not making a mistake senator coops. It is my hope that if you are confirmed and we do make progress on bipartisan criminal Justice Reform that as Attorney General you will carry out whatever legislative decisions might be made by this body. Last let me say in my six years here in addition to not working on a number of bipartisan proposals on criminal Justice Reform you have repeatedly voted against congressional attempts to prohibit torture in the military on text or the interrogation context and to defend enhanced interrogation practices. Are you clear now...

His way to the white house. that didn't happen. he is going back tore another meeting on thursday. i think the president really wants to gets to the bottom of this. there is no love lost between the president and deputy attorney general rosenstein. and the president can, if he wants, to, if he fires rosenstein, put in whoever he wants into that second position toe justice department who has already been confirmed by the senate. >> trace: which is why i'm unclear, francisco would be the assistant attorney general. >> number three. >> trace: he would take over that position temporarily until mr....

Since harry truman. the average historically for the last 50 years has been about 70%. snum rouse of those cases were unanimous with indeed both obama supreme court appointees voting against the lawless positions of this justice department including their assertion that the government has the authority to supervise and direct the appointment and the hiring and firing of clergy in the church. what will you do as attorney general to ensure the integrity of the office of slitter general that it is faithful to the law and not advancing extreme political positions like the obama justice department ...

Utah is out there saying it's not even enforceable in our state. but as you mentioned, in the supreme court, we get a lot of questions from viewers on this. bya, because you asked, elena -- will elena kagan recuse herself from the decision regarding health care reform? the reason we ask that, she was solicitor general from the white house, that's where the first challenge was launched there. do you believe she must recuse herself or do you have a position on that? -- a position on that? >> well, that's a decision that each of the justices make but i'll tell you she appears to have already made...

For her already because he urged the president again and again publicly, pick someone who's not a done and -- a judge and as slitter general she's never been a judge. vied excited about her nomination. ears what he said about his hopes for her. >> whether it's a democrat or republican or an independent, the great country that we're in, as ruled by law, and that's what you're going to make sure continues. we're grateful that you've agreed to accept this assignment from the president. >> reporter: and so it appears at least right now, the top democrat in the senate, a very excited and hopeful ab...