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>> he asked for resignation. didn't let him stay till the end to have week. paul: not great treatment. >> he may well have had statutory authority to have appointed matt whitaker who had been in senior position. paul: chief of staff to jeff sessions. >> had been there more than 90 days which is magic term under the statute, there in fact, two statutes, one is the act which specify that is the president can appoint in a couple of ways, one of which would involve appointing somebody in matt whitaker's position, the vacancy act is exclusive unless there's another statute that applies to the parti...

Who reports directly to the president. the attorney general reports directly to the president. the administration's view is they filled the position in a temporary way through what's called the vacancy act. even the vacancy act seems to require somebody with some kind of senate confirmation. they are saying, well, because he was confirmed by the senate to be a u.s. attorney many years ago, that counts. i think that's kind of dubious. i think we're kind of in a race though. i don't think whitaker based on his improprieties, wacky, farrout extremist use for the trump administration i don't think...

>> and he's tied to florida governor rick scott. >> no. >> that is someone else. >> but this is an ideologue who believes in a strong president and would put restraints on mueller because his role is to supervision the investigation. >> could he file mueller. >> in theory, he could. and there is a scarier possibility this ad call -- the act called the vacancy act to allowing the president to put in place anyone confirmed by the senate. so in theory, the president could put ben carson -- there is a question about whether the executive act applies which -- when someone is fired as opposed to whe...

We think that this move is clearly supported by a plain reading of the vacancy act, the vacancy act is long established, used by presidents of both parties as a routine function and we believe this act is consistent with that long established practice. and according to another administration official, the justice department's office of legal counsel has already signed off on mulvaney's appointment, while a senior white house official said the administration hopes the dispute does not end up in court, they are ready to fight for the appointment. we're also getting a response from mick mulvaney ...

2008. >> i think congress has a role and function you elected by the people. we are not creating agencies accountable to the american people and that's what we've done with cfpb. mick mulvaney will do a good job for consumers but also free market so we're no longer killing jobs in our country. train to us to talk about this monday morning, who that's the parking spot? >> we believe the vacancy act is pretty clear that the president gets to appoint his successor and mick mulvaney will lead the cfpb until we have a full-time nominee confirmed by the u.s. senate. lisa: i assume you are bracing fo...