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Congressional authority which sets their own recess schedule. article ii which is presidential authority. congress isn't in recess. what you have is a situation where presidents can make recess appointments when the congress is in recess. martha: right. >> that's not the case here. what is making it even i think, martha really more complicated the nominees for the national labor relation board were just made towards the end of december. so they haven't even had time for hearings. this is usurp of congressional authority and power grab by the administration frankly i don't think we've seen in o...

Schedule. article ii which is presidential authority. congress isn't in recess. what you have is a situation where presidents can make recess appointments when the congress is in recess. martha: right. >> that's not the case here. what is making it even i think, martha really more complicated the nominees for the national labor relation board were just made towards the end of december. so they haven't even had time for hearings. this is usurp of congressional authority and power grab by the administration frankly i don't think we've seen in our constitutional history. this was brazen and bold ...

Much and what's buried now in the coastal soils of louisiana, florida, mississippi is tar balls and if you dig down, i wonder if charlotte can confirm this. if you go out to any of the places oiled, don't see any oil on the surface but dig down 10, 12 inches, there's layers of tar balls down there. >> charlotte is with us. are people finding tar balls, charlotte, what's nevil inches do -- what's 12 inches down? >> tar balls were here, too, because you have the natural seepage from the ocean but there are mortar balls certainly since this explosion and, yes, the farther you dig, you're going to...

He'll take into accout. there is some positive signs this morning in pensacola, florida. officials there have lifted health warnings and reopened the beach for swimmers. the move comes after large pools of thick oil washed ashore earlier this week. let's go to mark potter. i know this beach is open there again. it looks brighter and whiter in days past, but that doesn't mean the clean-up crews aren't there. >> reporter: the reason it's whiter is because there are no tourists here to foul the view at all. there's nobody on this beach except clean-up crews and nobody's in the water. yes, they ...

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