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Explanations for it, but in your judgment does it look bad? >> well, where there is smoke there's fire. unfortunately perception is often reality in the court of public opinion and right now with all these, maybe misstatements that he may have made but on record saying one thing. then having seen something else happen you are having the american public have to ask themselves these questions. is this guy telling the truth and it is now that they're holding these documents what do those documents contain? so you're having a lot of questions being asked here that could relate and come back to som...

Not they're still in opening remarks officially. gregg: really? jenna: that's why we're seeing different lawmakers get a microphone and get a chance to speak. we understand they will take a break in a short while before they plan to take the vote, the vote to hold the attorney general in contempt of congress. just within the committee but a significant vote at that. we're actually going to take a quick break right now. we'll be back with more coverage on "happening now." the medicare debate continues in washington...

Going to meet with the committee and they would work it out which is usually what happens in these cases. so my guess, just speculative, is perhaps they can use this whole kerfuffle and vitriol and raucousness and all rest to further their argument, wow, look how horrible this congress is. look at all the unreasonable people we have to deal with. gosh, aren't they really mean to president obama. gregg: you know, tell my clients, if you have nothing to hide, don't hide it. and if everything is as innocent an explanation as eric holder keeps insisting to congress, why not just hand over the docu...

Say something about this but is unable to. she referred us to her attorney. this is a big case for the family as well. it is a good reminder today as we cover the news the loss of the young man on the screen. bret, more coverage on "special report". thank you. >> sure, jenna, the overarching question here this use of executive privilege, is it constitutional? bruce fine is former associate attorney general. he served under president ronald reagan. bruce, great to see you. it has been a while. >> thank you. gregg: is the application here appropriate of executive privilege or not? >> no. when it...

Privilege itself automatically requires that the president be involved or that the white house be involved but certainly the strength of the privilege weakenses more remote it comes from the white house here. and you also have this odd situation where the department of justice has already turned over thousands of documents related to the deliberative process within the department and it seems a little unseemly for them to say oh, we'll with hold the ones we don't want you to see. that enables the department to manipulate the what congress knows and what people know by disclosing what they thin...