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I'm loyal. to a fault, i'm loyal. >> loyalty. you know, some of these people have like a 10% loyalty meaning if they sneeze in the wrong direction they're gone. >> whitaker reportedly has no intention of recusing himself from the russia investigation. if he did, it's hard to imagine how and why he would have gotten the job in the first place. so let's talk about it. john barrett is a law professor at st. john's university, and john dean is a former white house nixon counsel. perfect gentlemen to talk about and no hard names because they're both johns. i'll get them both right. this is for john...

The natural pick for the job would seemingly be the deputy attorney general rod rosenstein or solicitor general knowle francisco but they were passed over for the man who previously served as jeff sessions' chief of staff. cnn is learning tonight just before sessions resigned at least one justice official in the room mentioned to the ag that there would be legal questions about whether whitaker's appointment is constitutional. so how exactly did the president pick him for the job? >> well, matt whitaker, i don't know matt whitaker. matt worked for jeff sessions and he was always extremely high...

Job or any current job that he holds confirmed by the senate. under the appointments clause, there's a serious constitutional question involved. the d.c. circuit in a federal grand jury case involving the mueller investigation has just called for supplemental briefing on that question. a lot of smart constitutional lawyers think that there is a real serious doubt that he's lawfully in office. >> i want to read this because trump just tweeted on matthew whitaker tonight from paris. take a look at this. he said matthew g. whitaker is a highly respected u.s. attorney from iowa. he was chosen by j...

He's going to last through the weekend. meaning? >> well, it's a political problem. it's an appearance problem. i assume in the ranks of doj, it's an incredible morale problem. you know, this is bringing in somebody at the top who appears to have a very serious conflict of interest. and by all other standards before this time, that's the wrong person for that job. that's what jeff sessions realized on day one which led him to recuse himself. whitaker should recuse himself at the very least, not commit himself to come in and big foot on top of what doj is now doing >> didn't you just say standa...

And this appearance problem of a great skeptic at the very least great skeptic at the very least of the mueller investigation now being brought in to supervise it or to smother it or decapitate it. that's the appearance. >> so let's talk about this auditioning for the job. cnn is learning tonight that sessions says he didn't -- before sessions resigned at least one justice official mentioned to him that there were again these legal questions and he said that he didn't know that he was auditioning for the job just one example when things were particularly bad between trump and sessions whitaker...