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I enjoyed my right by representative -- we don't merit his Republican out of Texas we love having him on the program via satellite but we -- in person this morning welcome.
Great to be with you -- -- -- Well thank you I'm glad you're here so the White House through Jay Carney walking back if you will away from the -- strike.
Wanting to separate itself out Ken -- Well our.
Actually felt they could -- -- many people on Fox News.
-- you know the president's really insulated from fast and furious this is the Justice Department problem.
And then they exert executive privilege -- that opens up people going -- with the president actually be involved because that's what it takes.
To get past and that curious.
Entitled to an executive privilege.
In and -- case losses -- he doesn't.
Have to have actually seen the documents.
As long as they were used by someone directly under him at the White House wouldn't get any -- What now -- but it has to be it.
It has to be used in his decision making the president's even if he didn't see the document is a well you didn't have to stay home.
As long as they were considered by the president so -- there's something extremely embarrassing.
Or is there there could be some that worsen it may involve a Fifth Amendment says of the executive -- was.
-- -- -- -- -- -- -- -- -- -- -- One of our correspondents going -- and -- governments with an interview with them this morning right saying that.
They think the president in the White House now are hiding something because of the use of this -- it.
Privilege -- you say could this be something that makes them look dumb it might not be in something that fits coordinated with someone's death.
Well you know we have the emails that is now.
Where after an interview.
Or a meeting with Laney brewer directly under.
He gets an email from one of his other buddies there it just as saying how did the meeting go with Lanny.
And he says went fine you know how he is wants us to meet with -- and Billy at some point so they know the bad stuff that could come out.
So there you and then there's more the documents that.
There's bad stuff there's another email that talks about their messaging problem when -- this gun walking stuff comes out.
So obviously there's an embarrassing stuff to the White House that's not enough to claim executive privilege and what they've done now is not just.
Provide the requirement to go to US district court in and write a US attorney -- -- can -- out now they've provided.
They will have to go to civil court.
Federal district court.
That the -- reproduced of every document that they're claiming executive privilege over loud as a judge you know I'll review blogs like that I've reviewed documents in camera.
To see if they really are entitled -- the privilege being claimed.
And they will have to produce this information it'll just be to a judge.
At some point it's going to come out.
-- you can say this and obviously I'm not attached but I am a person who's covered a lot of legal cases that might when he -- career yes that kind of mind.
But it seems to me that this would almost benefit as -- stall -- Because have you know great but we have a bunch of lawyers -- absolutely -- office and all due respect for sure although the locker room and so.
I mean if I -- install -- -- somebody asked me to open up my entire house and then I take my time opening and then that might open -- and then suddenly it's January 20.
So and actually that is we could quite possibly detect because that is a third alternative that.
They don't care what comes out.
But they wanted to be delayed -- up down the road dedicated -- dead and hurt.
This election -- OK so the house oversight committee votes to hold attorney general holder in contempt.
What is your reaction to that.
So it's an extraordinary move but then again I've been one of those it's been extremely frustrated.
By his responses it I'm sure you're aware hears that.
The Justice Department Eric Holder through a subordinate.
Has pull back his words that he provided.
To senator cornyn in the hearing saying you know that -- she was briefed on this stuff and he didn't do any thing and the the letter that that withdrew those words because they were false.
Instead it was in it was inadvertently.
Said well look I've got transcript from -- hearing five days before the one with corn and where I said to.
-- Did you not ever go back to your office and say when you found out about fast and furious I demand to know who authorized and he ends up responding.
What I did do I have to inspect their conduct the investigation upward in policy that was -- -- debacle.
-- -- personnel changes the and is it and that is in stark contrast to what happened to my predecessor attorney general Mukasey.
When he was briefed about the transmission of guns to Mexico and as far as I can tailed it for a list of what I did.
That's the very thing that they were withdrawing as being inadvertently said the corn.
And so we've sent a letter as a follow up.
Saying please look up the word inadvertent.
And then explained to me.
How things that were said in two different locations on five days apart.
Were inadvertent rather than just being false.
False testimony did those -- this.
You know if it brings me to my next lesson -- -- what 910 of these hearings.
It has anything come out of -- that's useful.
They they've delayed.
Am sure you know you're familiar with the term document dump.
The first document how the lot on a Friday.
Yes it does exactly.
Because they do that to the press right I am always thinking yeah back we act -- that our whole weekend and I'm one of those guys his other attorneys in my -- at pointed out there rather angle I'll go through this document will have to take outspend all night.
Match in a row going through documents and if you go through the first document dump you find there's a lot of repetition.
-- college the it was just it was entertaining there was not a single email not a single -- not a single letter to or from Eric Holder.
Or those directly under him.
But you have to read it to know that look I wanna go to the live chat.
Very shooter -- -- please ask him meaning you congressman could are we better off.
Even going after fast and -- We have to know what happened here -- -- -- the family that one extra carry us.
Even -- the family were not it it's a bit like.
-- prosecutor does not have to have a request from a family of a victim who was killed.
In order to go to the grand jury and and have a prosecution.
It is up to that.
Prosecutor to do that.
Unfortunately here we have the Justice Department that is more about just less than it is justice and -- are hearing.
The attorney general himself said look -- hope their political dimensions to my job injustice.
And out pointed out doing.
If there -- political dimensions to justice.
It is not justice by definition it's not it's supposed to be -- supposed to be protecting the people if we -- have -- body has line.
It's something all of us.
I've dedicated my life.
As a judge and Chief Justice.
Even know you have built in biases.
To setting those aside and ups is that the -- absent.
Friends absent children of friends to prison because that's what just as dictated.
And it it you know are there were times I -- it -- all of this you've got to make those calls and be fair across the board these people or not.
And I was just gonna -- I mean -- I'm sure you've seen in your career.
And it's gotta hurt.
Where people don't live by that -- they don't and make it to be pretty powerful people -- -- that you OK let me ask this wild -- one it's going back and forth with some of the viewers on the live cats apparently I think -- a woman I'm not -- of it.
She's got into -- so I wanna read what -- saying.
She thinks that this was a scheme by both parties to get money.
To be laundered and the soft campaign funds by keeping the border's open for cheap labor and you -- The woodshed in DC wow when you talk about some cynicism there is there any different about this -- that we don't know what wow.
Well if there is some -- -- have not participated in.
We have raising money are you see people that sort of -- I don't wanna Albert -- -- -- -- attitude absolutely.
And it you know there's no -- and Washington -- no matter how cynical you get.
It's never enough to catch you know wow things are.
Is it just when you think.
You've seen it all than something else comes along and really that -- for executive privilege was one of those things to me that.
I was shocked by that I wanna talk more about that do you believe that speaker Boehner will hold a vote on this issue and if so how would you we're gonna have a vote this week I'm it which are.
Go this this coming -- okay yeah.
And we are gonna have a vote on that and I had concerns previously that perhaps the speaker would not let it go that -- I mean there's a history of.
It's not being pressured to do -- Oh yeah our members want to see did you -- justice.
I think Colin -- are mis speak about this enough I've been very clear about that.
And there's a lot obviously have yet try to get Audi.
And not -- we had a little program jail whole lot of folks you know really doing good work really being.
Diligent in pursuing this but -- take it.
There is a that you do that popped it had three hits when my chief of staff saw it.
It has to anyone outside out this what we were in commercial definitely -- to march march of 2009.
And this made this is that -- a part of fast and furious but many years -- thought.
This is a Justice Department matter surely the president would not get involved.
In gun walking and you know -- seeing in it and he surely you wouldn't care about that but then you see -- march 24 2000.
Press conference and Robert Gibbs the deputy attorney general David Ogden.
And as secretary named Janet Neapolitan Kano that aren't security.
Yeah she's still there are still while -- still can't tell me how many Muslim Brotherhood.
Or in her.
Closest advisory committees but.
Anyway in this press conference.
David Ogden this that this is under the president's leadership the president has directed.
And and it's about.
That DOJ bureau about but held back -- upon her arms.
Fortifying its project gun runner which is aimed at disrupting -- -- Specifically to facilitate gun tracing activity targets illegal weapons in their sources the United -- it was about how the closest that this is march of 20099.
Three months after President Obama comes again.
There's a -- press conference -- everybody makes very clear.
The president is.
All involved it's under his direct under his leadership on this site that we're dealing with the -- gun that good -- my shelf and so that surprised me because it.
That is now part of your area.
No it is not just came up you just saw it yesterday so I ask you if it's speaker Boehner holds this to a vote how do you plan.
Unless there is something produced to show otherwise.
And -- I would vote for contempt this isn't.
A case where as a judge.
I have to remain impartial I've been part of seeing this thing take place.
He has been in total contempt.
Of both the house and -- -- it there's no question about that even having produced all the documents.
At that point would -- adult going to be my next quite it would not car go forward if he produced him immediately but.
The evidence is very clear he's been in total contempt -- -- even if you.
If all of the documents were produced.
They -- they know people going through and I would want to see the who knew what who may allow all this could take months.
Justice and is a pretty could take -- all right last thing you had mentioned it and I keep hearing you say this word we saw this recently with illegal immigration and and I know.
Many -- your party don't take issue with what got -- they take issue with how it got passed with illegal immigration but I want to ride this out.
The ward executive in the word power and privilege power like that you know it's just to me like -- have sex like why doesn't keep coming up we have a congress.
Yes we do and the constitution.
-- Justice Scalia -- Explain this so clearly the reason we're the freest country in the history of the world is.
As he told one group it's not because we had a good bill of rights as he said in the when he said that I remember -- a -- that in college.
The the Soviet Union had a better bill of rights and that's the reason that yourself three is.
Is he said.
The founders didn't trust government.
They didn't want just one house they created to house so either one could keep the other from national law and that -- good enough they didn't -- -- prime minister selected from the legislature.
They wanted an executive from outside that -- give him veto power to canceling thing they -- and that wide enough that wanted to court system and I could slap down -- so there's all these checks and balances so what happens when you have a president of the United States.
Who completely disregards law that has been passed Bob both houses sad about presidents.
And and been upheld by the Supreme Court and the president.
As a monarch.
Stands up and says a I'm -- law in essence this is what he's just say and he didn't say these words I am making law as I speak just as I -- We have no work permit for people illegally here.
I am speaking it so it is always let -- be done but now we're creating a work permit that does not exist in law.
And forgiving all of these people who are violating the law it's against the wall but I -- creating more chance -- that -- -- and I do want to put in there are conditions like do you have a high near Obama there -- conditions did you come before the age of sixteen are you under the age of 30 -- Dorgan pointed that out but the point is he's creating those laws because it -- president of I don't care who it is probably won't be the last president to do this and something and unless something changes drastically I thought here are was totally outside the bounds of what.
Sure there could be done it was wrong -- that what this administration write it governor Mitt Romney has said that he calls this a temporary measure -- quickly before I let Hugo.
With issues like fast and furious that illegal immigration and things like this how much do you think that these will play a role in November -- quick cancer before it that.
I can't predict I don't know.
People might be like wild caddie gets so cynical that they just spend up and don't go vote and then it's a question of -- supporters don't go vote.
I mean it is a dangerous thing for this country to be in such total disregard.
Of the laws that have been passed that that's what's held us together.
Who ended up prevailing or more interested in seeing that justice was done and the law the rule of law prevails then they -- I mean like.
You have a judge I -- -- a governor from Virginia.
Who says it during the revolution why aren't you guys firing at doubt that -- headquarters where all the British soldiers that should.
So that your ourselves out -- said it doesn't matter.
It's got to be -- I mean those are the kind of sacrifices.
That got us.
What we first of all the live chatters are now since they think you're yummy because you remember -- while countless number well and and handle.
Thank you for being here always hosted.
It'll be interesting to see what happens over the next few days and weeks and months with.
Regard to testing areas and I appreciate your comments on executive privilege last hours this morning come back -- time I love the way your mind work to do.
Some -- don't work with your groups.
Frankly well I'm gonna take you know I -- have YF five times today I thought I gotta have one that works but I know -- NC and.
You may thank you congressman good to have -- we'll be right.
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