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Was president. those are all covered by executive privilege and by the unfetterred pardon power which is in the constitution. when you put it altogether, you end up with an illegitimate suit. it's an illegitimate putting. he doesn't have the power to investigate to impeach, and so rosenstein's appointment is not only illegitimate, it's a constitutional farce and it's hurting the country. mark: what do you think the framers of the constitution would say about what this does to separation of powers, what it does to the whole construct of our constitutional system? and isn't it why chuck schumer ...

What the president did. the president has the authority under article 2 to fire anybody who is executive branch official. comey was eminently fireable. only thing president trump did wrong in fing comey is he didn't do it inauguration day when he should have. mark: what's your take? >> two problems with rosenstein. number one, he signs one of the fisas against carter page. now if carter page was, in fact being investigated through a court used almost exclusively to gather intelligence on foreign terrorists, if carter page, there was probable cause which is what the fisa warrant needs that cart...

[♪] marianne: i'm marianne rafferty. new video out of hawaii showing the ongoing devastation from the volcano eruption of kilauea. 10 new fissures have opened powering lava and toxic gases into the community. at least 26 homes have been confirmed destroyed. five more than confirmed hours ago, and authorities say the eruption shows no signs of stopping. >> there is no sign of slowing down. we had some pauses yesterday. the flos are extending further from the fissures. the eruption is progressing. marianne: i'm marianne rafferty. . mark: what is rosenstein's

Away. it is the illegal patina that happened under the obama team. the fisa warrant put a legal face on unauthorized unmasking operation before. >> that is absolutely correct. >> number two on rosenstein as well. mark: wait, and you and i been fisa warrants we know lectures by rosenstein about the plebes how fisa works. you are a u.s. attorney, i was chief of staff to attorney general of the united states, and we know stink when we smell it. go ahead. number two on rosenstein, which is a grotesque conflict. he was the united states attorney in maryland during the prosecution of the precursor t...

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