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Circumstances we have with mr. whitaker, including the fact that he clearly was told by someone who is a witness in the mueller investigation, hey, become a pundit to get the president's attention in order to get a job in the administration who then becomes one of the people who is the endorser of this is a great person for the job, even publicly he becomes a validater, which is bizarre. >> chris, an important note about the olc opinion, it is an opinion, it is not law. >> right. >> now, attorneys at the justice department, you know, can't go to jail if they rely on that, but it's certainly no...

Withheld it. >> i want to separate out the constitutionality of a president making an interim appointment that is a rational judgment versus this particular president making this particular interim appointment under all the circumstances we have with mr. whitaker, including the fact that he clearly was told by someone who is a witness in the mueller investigation, hey, become a pundit to get the president's attention in order to get a job in the administration who then becomes one of the people who is the endorser of this is a great person for the job, even publicly he becomes a validater, whi...

Gets to decide what's necessary? how can they be calling the shots here on this? >> well, we don't know if they will get to decide because the showdown will come -- if robert mueller's team subpoena the president for a face-to-face questioning rather than written answers. now, donald trump has moved to block that by appointing matthew whitaker as acting attorney general because whitaker can veto any subpoena. but, of course, there are questions raised as to whether whitaker needs congressional approve. so we come down to the question that we've had for 18 months, and that is if there is a show...

Briefed about the investigation and what he might or might not know. "the new york times" lays out concerns about whitaker potentially. and this is just potentially. feeding information to donald trump about what's happening behind the scenes with robert mueller. in a letter to inspector general michael horowitz, senator schumer says he wants the inspector general investigators to look into whether whitaker had access to confidential grand jury information in special counsel robert mueller's russia investigation. schumer also wants investigators to examine whether whitaker shared any informati...

The recusal question, which is another thing that will have to be decided by the doj and ultimately decided by the acting attorney general shows the checks and balances. the president is constrained by constitution and law but also constrained by political pressure. and it's fairly clear what the president's motive was here. jeff sessions is the sixth cabinet official to leave in this administration. if the other five cases, the deputy stepped up into the job, as is the normal practice. it's clear that the president went around that process and i pointed whitaker here, instead of rod rosenstei...