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Seems like in middle of an election year we're focusing on this look at partisan lines upon which this is being debated in the house. looks like a witch-hunt. >> wide receiver much smaller scale program, and two, they actually tried to track the guns. >> right. >> the problem with this one, alan, they said okay, we'll let the bad actors buy the guns. we have no means to track them except for when they show up at crime scenes. >> holder? how far does it go? >> that is wonderful question. it would be nice if the administration would answer it and get all the documents necessary to answer the que...

Instead of closing doors others would open. investigators could unafter vail their story. remember during this period of time from february to december, ken melson and u.s. attorney dennis burke were both still in the mix. they were still in office. would their e-mails support this contention that the department of justice was entirely ignorant of the tactics of "fast and furious"? and that officials under burke and melson intentionally misled washington? that is basically the allegation. and would these deliberative materials support the ag's contention or would they suggest something was wro...

Harriet miers, who are white house personnel, from testifying before the house judiciary committee on the firing of u.s. attorneys. the judiciary committee went to court to enforce a contempt citation and they ultimately prevailed in the u.s. district court before a judge who was appointed by president bush, john bates, who was, what you would call a conservative. gregg: right. >> there is really a presumption in our constitution that congress entitled to virtually every scrap of paper to make our government transparent and that's basically what the law is. if this case went to court i'm quite...

Might be revealed in that that maybe they don't want to show, but nevertheless at this point they are saying we don't want to release those. gregg. gregg: just to keep track holder has now retracted the mukasey testimony, his may 5th testimony about when he found out about it and the infamous february 4th letter to congress, all three have been proven false and holder has retracted them. there are some new documents that show that top doj officials were aware of fast and furious early on, william, tell us about that. >> well, early on, and i have a copy of one right here from two top deputy at...

The conservatives who are looking to make an issue in an election year. look at timing of this. gregg: i'm not sure the white house explanation we're getting through our two correspondents we talked to today makes a lot of sense relative to the request by congress. they're saying, well we did have discussions about how to politically handle the fallout of "fast and furious". that is unrelated to the documents being sought over at justice, rich. so why would i invoke a protection, a flat-out protection for that? >> it seems a pretty weak claim the strongest claim obviously is deliberations dire...