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As we talk about blame for these judicial vacancy, the president has not pursued the nomination process, i think to the chagrin of a lot of folks in his first term as robustly as he might have. and it seems unfortunate given all the open seats that we, in the last three years of his administration, he is going to have to really make hay while the sun shines in an incredibly polarized partisan climate. >> i think this has been an especially big problem on the cabinet side. the when we had the irs scandal break, the irs had had an actinging commissioner for six months and the president had still...

Self-value, self-interest. is this unprecedented, this moment? >> i think it is literally unprecedented, peter. even nixon wasn't appointing justices to the supreme court during watergate so it makes it different. but there is an important "but" here and it is this. regardless of who he puts on the supreme court and i agree with your panelist. it's going to be one of the four. they're going to be conservative. the supreme court precedent that very clearly says in u.s. v. nixon, the president cannot assert executive privilege to keep documents and materials from a grand jury. there is another r...