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Multiple times on the phone. then there's the way in which whitaker got his initial job working with sessions. it was actually the white house, not the doj, that pushed for sessions to hire him as his chief of staff. and at one point, there was even talk of whitaker changing jobs. according to "the new york times," former white house counsel don mcgahn interviewed whitaker about joining trump's legal team to serve as an attack dog against robert mueller, the same robert mueller whitaker has now been handpicked to oversee. i want to bring in former trump white house lawyer and cnn legal comment...

Rosenstein before matt whitaker takes over. so if that's the case if they were pipelined if they've already been, the word some would use socialized within the department of justice, which just means gone through and given the green light because bob mueller is not king of the hill. he's not ken starr. he has to report up. >> he has a boss. >> then, sure, those can come forward, but he could, if they have not been socialized in that way, meaning if they have not been approved already by rod rosenstein, essentially what matt whitaker can do is start asking question after question after question...

The -- that's one example of a way in which whitaker could try to kneecap mueller. name a couple other ways in which he could try to kneecap mueller and also, and this will open up a larger discussion of this, talk a little about how bob mueller, given that none of the things that have happened here were not readily anticipatable. what he can do to circumvent efforts to kneecap mueller. >> one thing whitaker could do is fail to defend the legal decisions by the special counsel. if the special counsel goes to try to get a judge to issue a subpoena for the grand jury, i should say issue a subpoe...

Committee or intelligence committee, once they take office as the majority in january, could they subpoena the justice department and get a lot of these answers about what whitaker is up to right now with the kind of information is he getting, is he getting sensitive information from the mueller team and then going over to the white house and sharing that information with the president and his legal team? >> certainly they would be able subpoena documents, for example, if ethics officials did prepare an advisory opinion to the acting attorney general. congress would likely be able to get those...