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Reprehensible in abandoning that role they have under our constitutio constitution. and are there points at which you could point and say justice kennedy was the catcher in the rye? he was the person standing between us and chaos? >> clearly not on the travel ban decision because he sided with the majority as he did on a number of other decisions like citizens united or gore. have bush but he was open minded and fair. and that's what people deserve. someone in the kennedy mold who will approach case by listening to his colleagues and the american people. >> noah? >> so mimi, i have a tweet for

Nixon turned over the tape and resigned days later. some see obama's exertion of executive privilege is part of a pattern. >> neither bush nor nixon himself achie achieved a dream f imperial presidency to the degree obama has. >> they share an interest in compromising on the fast and furious documents. to avoid binding ruling like u.s. v nixon, tapes case to limit power to one branch for generations. >> bret: james, thank you. the white house tries to explain the use of executive privilege in the fast and furious case. fox all-stars break it down after a break. [ creaking ] [ male announcer ] ...