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Intensive care at a washington hospital. two of the president's top aides rush to his bedside, hoping to pressure him to sign off on a secret wiretapping program the night before it's said to expire. this was real though and what happened that might march 10th, 2004, put james comey, president obama's next pick for fbi director in the headlines. >> i was very upset, i was angry. i thought i had just witnessed an effort to take advantage of a very sick man. >> reporter: comey was attorney general john ashcroft's deputy and with him sick he was the acting attorney jern. when then white house cou...

I thought i had just witnessed an effort to take advantage of a very sick man. >> reporter: comey was attorney general john ashcroft's deputy, and with ashcroft very sick, comey was the acting attorney general when then white house counsel alberto gonzales and chief of staff andrew card visited ashcroft's hospital room, a last-ditch effort to get his endorsement of a warrantless eavesdropping program he thought was illegal. comey caught wind of it and ordered his driver to speed through the streets of washington, sirens blaring, and beat them there. >> attorney general ashcroft then stunned me...

Or are there overt thing that's are in her favor that you think are ill liberal? >> it's certainly the former than the latter. i wouldn't even put it as so much there's not enough in her record for us to know she'd be a liberal justice. she's a complete blank slate. she's managed over the course of the last 20 years to avoid expressing an position on virtually every single substantial political and legal question. and so for any rational citizen to want to assess the appropriateness of putting her on the court to replace justice stevens, there's really absolutely nothing that a person can look...

Belief in executive power, her praise for bush justice department lawyers who sanctioned the illegal warrantless eavesdropping program, her hiring record at harvard law school. these all need to be explored, but the real concern is her avoiding expressing opinion. >> i want to ask you about some of those overt things in the record you just mentioned. but first, when you wrote your critique of kagan for "salon" a month ago, one piece of her record hadn't come to light, a letter she wrote in 2005 with three other law school deans, opposing a proposal about guantanamo in the courts and that lette...