c.n.n. that the president doesn't like that it's fake news it's fake news if it turns out to not be true the problem for the president has been that much of the news that he is called fake has turned out to be true and so if you care about facts and you care about the truth you're going to be bothered when anything he doesn't like is referred to as fake news then there is a big disagreement over mr wood and whether he as acting attorney general that is legal look i think that there are two questions there is one which is a constitutional question about the what's called the appointments clause meaning do you need advice and consent of the senate for an appointment like this one. that argument is a really close one i think but i think in the end the president probably has the leeway to make a short term temporary appointment it's close though the main case on point on this issue involves someone who was there for three years in the acting

role and there was no advice and consent of the senate so to some degree this is an issue of first impression the second question is if you can survive the constitutional challenge then there's the statutory question which is ok there's this statute out there about how you're supposed to go about filling vacancies for a position where someone leaps question one did you resign or was it five. if you if you believe in i believe that no matter what the reality is course the president pushed him out by him saying he resigned he's resigning and so the bacon sees act applies then there's a separate question about the succession as to whether someone else in the department of justice should have gotten the position again these are tough complicated questions but he's got people under him who required approval so there are people who are under him who have gotten approval and so the question

becomes because he hasn't had a approval from the senate since two thousand and four i think it is. should he have to get it now and then have the ethical questions by the way to then you've got the justice department ethics people who are asking whether the fact that he made comments about this his relationship with one of the witnesses sam clovis so they're basically sort of three buckets of possible issues here once constitutional one statutory ones ethical and so you've got to believe that the president is already saying you know what i just want this guy for a short time the president know him the president saying now i hardly even know this guy so it seems to me that the president's distancing himself and saying you know it's time to to move on and find somebody else you know reporter and the lawyer and also. a passionate opinionated person can you remove you

so from this and say legally business sure but in my heart i think he should require look i'll tell you for i think that i've said this on my radio show i think that whitaker was not the best choice for this job that even if comes in with a pre well but but beyond that jeff sessions no matter what you think of him was qualified right he had held positions very high positions in alabama in the legal community he'd been a united states senator you may love or hate jeff sessions but he was qualified for the position it feels like the only qualification that matt whitaker has is that he has criticized the russian best a geisha yes he was a former u.s. attorney in iowa but it doesn't feel like there's any other reason that he got appointed to the position now the president's allowed to pick who he wants but when

you throw onto that the other possible legal challenges. you've got to say is this worth it. this is off the top of the lawyer would mean the supreme court back to the president i don't know i would not as cynical about the supreme court as some no no no i mean why you know laws they want because justice thomas who you would think is a supporter of the president has actually written about this issue about advice and consent and it was a different set of facts but based on his language you would think he thinks that someone who is what's called a principle officer meaning like the attorney general would need advice and consent of the senate even in a temporary role like this so i don't think that justice thomas is going to go one eighty on this everyone and i think i mean look the supreme court is in a tough spot right now there's definitely a divide but there are

a lot of cases where it's still seventy two there are other cases the words unanimous it's other cases where they agree not to hear a case so i don't think that we should be so cynical about the supreme court that we say in every case always these are going to rule for the president or he's not there are reasons to to look back and say well you know this person someone who's always deferred to executive power etc but you know these are these are serious europe's put in this and this matter from now forward all kavanaugh decisions will be examined or separate and above absolutely they will and but shouldn't should gorsuch be they haven't been so far no kava most will yes cavanagh will be will be under a microscope no doubt about it but but i think that look putting aside the allegations i just made a comment about whitaker where i said i don't think he's qualified putting aside the allegations about cabinet cabinets very qualified i mean whether if the

allegations are true he shouldn't be on the court etc people you can have that debate putting. that to the side for me when the president appointed him not knowing about those he was appointing him because he is a a real conservative jurist that's within the power of a conservative president to do and this is not someone who some random person who the president of the d.c. circuit. what's known as the second highest court in the land so this is you're talking about a serious guy in cabin all. and consequently i think that his opinions are going to have to be taken seriously despite the fact that they're going to be a lot of people have very serious questions about him and his honesty in those hearings another area law professor former white house picks a lawyer on the george w. bush richard painter been a frequent guest on this show he says that trump is in violation of the constitution's emoluments clause for certain foreign payments you agree i mean

look the emoluments clause is mean it's basically a clause in the constitution that says that a basically foreign powers can give anything of value. we don't want private we don't want foreign powers bribing our our president. and giving them something of value and the so the argument goes that for example his hotel is one of the arguments is that because he is having foreign dignitaries stay at the hotel he is getting something of value there look the emoluments clause has never been interpreted in a significant way that i think is particularly relevant to what we're talking about . i don't think that i think that there's an interesting argument it's not a frivolous argument but it's also not one that i think is going to ultimately win

in the courts. you father. admires you greatly love him he's a great legal mind. did you grow up in that atmosphere that you almost have to be a lawyer so we were kids my dad would come in to my sister in my rooms and tell us a story before we go to bed and we knew that the way to get him to stay longer was to ask him about his cases because he loved talking about his cases so we'd say you know as kids oh dad you know tell me about you know he talked about some bread and he actually said that it helped him in sometimes complex constitutional cases put into context and simplified the issues to talk to us as kids to explain to us what the point of the case was in that health is perhaps then we have to do learn more of good to see then a rooms of the best stay right with us we'll be back with more politicking after

the break. there are some russian and lights. in a world of big partisan. lot and conspiracy it's time to wake up to dig deeper to hit the stories that mainstream media refuses to tell more than ever we need to be smarter we need to stop slamming the door on the back and shouting past each other it's time for critical thinking it's time to fight for the middle for the truth the time is now for watching closely watching the

hawks. aeroflot russian and lights. blushes and then she showed the cheek a total morsel of each ticket to the host for a team you'll be set it's more than teaching some shots that only shifting against . him.

beautifully because you know i said you needed. a little bit i was quite numb counting that in the scheme to show. me the shelly's. given to us not to the south korean is are still deep voice summed up. the british mr bernstein demolition of the school. systems logic doesn't have to do with the shooting their choice should be a goal children get to that is a middle fold a generalist come undone in big. trouble by the government to chip push through

which means if we should newcomers in mentioning i was in the depths what else failing to do. join me every thursday on the alec simon show and i'll be speaking to guests of the world of politics sports business i'm show business i'll see that. politicking i'm now joined by my political panel there peter kaufman former press secretary to hillary clinton and former u.s. navy officer presently voice chair for vote vets and person would blow blue jacket strategies he's with us here in studio in new york and nationally hajek g.o.p. strategist and fundraiser executive director of the california women's leadership

association she joins is b.s. both studied you actually what do you think of the aggregate attorney general not whitaker is he a help or harm for the president i think he could definitely be and not help with a potential at the not harm that he does not will they don't think that's going to be an issue and here's why first of all the department of justice today that would have raised. by i think by the white house but at the time it's constitutional that's helpful the president did ask for an opinion and i'm going to write a justice about hiring a senior advisor and they say that it would be constitutional also he followed the law and that respects. there is no evidence to prove that if you do anything to crack down on a mole or investigation in fact to keep order to use them that it could pose a huge problem for the president inst and in that house now controlled by democrats

any initiative to discuss obstruction so i don't think that will be an issue i think that as an aunt and mr whitaker know what is in there well will do their duty but really pity your view wall even donald trump senior adviser kellyanne conway her husband is a conservative legal scholar and he's argued the opposite point that it's that it's not constitutional it's very clear the attorney general acting or otherwise needs to be confirmed by the united states senate but i think the more troubling even the more troubling than just having an unconstitutional appointment like that is certainly the at least the appearance that donald trump is trying to put his thumb on the scale of the more investigation the only thing we knew about matt whitaker a week ago was that he was a pundit who like to go on t.v. to impress the president and talk about the more investigation and try to defend donald trump that's how he got his job as chief of staff or sessions that's how he was in the position to be elevated like this and that's not the independent kind of investigation that we need and see with all of us going on logically don't you

think he should recuse himself. i don't think it's necessary i think it's false they have that we didn't know who he was there were only served as u.s. attorney in the bush administration you don't get that position and keep us back by not knowing where. he is going to do what he needs to do in a legal and constitutional way a constitutional way and there's no evidence that he has any any even or any proof that you're undermining investigation and it would be more detrimental for him to try and. interfere on that investigation it would actually help the president and i think every. peter what do you think of the state of the moeller investigation is he doesn't speak so well he doesn't speak he doesn't leak like past independent counsels have so that speaks to his credit in the credit of his investigation all

he does is indict and convict people and get convictions and guilty pleas so this is playing out it's playing out deliberately i expect more to come in the weeks and months ahead we're free and clear of the mid terms i expect something will happen before the general election really heats up and now i think we're heading into crunch time actually trump is moving toward making some major changes in the west wing staff what do you hear. i think that's probably going to happen it's not uncommon after a midterm election for a president to makes and change is. secretary meals and a party in it it's actually. mr kelly as well but i think that's ok you know you do you do that person a lot is in the midterm election i think to review your strategy what your priority is going to be is a very good thing and a very healthy thing for the white house. republicans led by trump of accuse democrats peter of trying to steal the elections in florida and georgia do they

have an effect no are you all that's going on in florida in georgia is that we're counting votes and that's at the core of the foundation of what a democracy is we count every vote every vote counts and the idea that republicans for purely political reasons are playing games and trying to dowd in the very fabric of democracy really speaks to what become of the republican party in the trump era it's not what we should be doing we should be counting votes there's nothing republican or democratic about that that's democratic small d. it's the right thing to do actually want proof does the president have a fraud in florida. well there's a couple things that are quite right funny about this whole situation right in twenty sixteen up to the president was elected her for the past two years about russian meddling and there's no truth as you know the democrats have said oh if they could not accept the election results now you have the case in georgia and in

florida and in georgia the democrats are saying that you know there is election fraud in our system is you know under my and in florida or it's actually happening there seems wait a minute there's no voter fraud there are laws that are in place to meet sure that . there is no voter fraud those laws were violated by rendering nights to hasn't. to strike a balance and post the results early. allow us that in as thousands of ballots that show up that you know haven't they accounted for she wouldn't tell people how many more there were two counts democrats and republicans both seen of pride that this woman has answered it undermines or not note no one from the democratic party question the results of the actual votes in two thousand and sixteen no one ever said that anything was infiltrated in the ballot box or questioned the sanctity of

that now i actually served in the navy in the two thousand and four presidential election i voted by absentee ballot my ballot was postmarked in time for election day and my ballot was counted several days later and wouldn't you know it in florida there are actually a lot of military voters they're stationed all over the world and yet they're florida residents they have every right to vote for governor they have every right to vote for a senator and you know what it takes a few days to get a ballot from a ship in the pacific or in the arabian gulf get it back to florida and you know it did but i don't know what military votes military votes count just as much as other republican votes in your republican counties in florida count and that's why yes and to take if you do it it takes a few days to get those that serve three times on how it works the military votes we're talking about voter integrity and voter fraud at a both that are not even potentially lethal there are certain rules are great the signature is not to match the signatures have not matched and are certain even in

terms of you know how the votes are counted this is not about the military votes trust me i know how military body works in there this is about not following the law signature is not actually illegal though one needs to be on it it's not about money every speech although it's not on every legal and that's the difference in this another area c.n.n. is suing to good. cos this precipice was stored in a lot of network including farms has filed along with them what do you think about it i think it's despicable that it's even come to this these are this is a reporter this is not this is a reporter at a respected news outlet who was asking questions the white house put out a doctor tape to make it look like he physically assaulted someone they played with this from from day one something that we can all see with our own eyes what happened he asks tough questions the president doesn't like to answer tough questions the president doesn't respect what the media does he doesn't respect the

right of the public press to ask questions and to question authority that is fundamentally that is a a wall in the bill of rights it's protected in the constitution and for the white house to go after reporters just because they don't agree with them just because they're really tough on them is absolutely wrong and i and i think c.n.n. should fight this all the way to the supreme court where you think. the president took sixty eight license from thirty five different reporters that day this is not about the first amendment this is about. jim acosta. being a jerk and not acting professional and i would hope that in those hears would tell him to act professional instead of going in and nothing which the president will answer he doesn't infringe if that's not the fact that it's not getting the truth that's not good reporting and so this whole notion if you were about the press.

his pet the piece you point and only his point that would be a whiny issue but that's not the case he had and professionally who we are going to be just that i just don't know who is the arbiter who's the arbiter of jerky behavior is that donald trump donald trump gets to tell me who acts like a jerk on camera is that that's really where we are i think you behavior he let him out. and. it was somebody else's turn absolute and asking your question to michael he said no more questions so through just what you say he ought to meet jim acosta's does not get out more questions than everybody else because he decides that he is a great so if you make fun of if you make fun of a reporter for having a handicap if you make fun of a p.o.w. because he got caught is that your fav years out it turns nine i'll try this my great turn off some smart and starkey behavior are going to go out the first minute right you're taking you're teaching our argument so it's not no longer about the

person right so are you going to talk about temperament in the right each are you going to talk about. these are these are two totally different aspects we don't know yet you said that you said that jim acosta should have as i say passed erin away because he's a jerk. who knows that if you say you said there is a jerk or not he should have his press pass taken away because of that thousand what you said the r.c. running to the president is the reason it is unconstitutional is because the president doesn't agree with his point of view that's not the case at all the president keeps hard questions and lots of journalists regularly jim acosta has granted any he got to ask this but he didn't follow protocol to sarcastic about now . it's actually illegal. and someone else. got a couple of moments left fielder you're a veteran no you heard that the president didn't go bawling to the veterans of the that he didn't go to arlington on foot on veterans day that he could in some

raindrops to go to a cemetery in france. i just i don't know what more this this president has to do that his supporters can just sort of roll over and defend it yes i served and you know what the men and women who served in world war one they were in facing. it wasn't the rain that was dropping on them it was actual bullets and to not even have the courtesy to to to go in commemorate and honor them by toughing it out get an umbrella if you're afraid of the rain if you don't want your hair messed up get an umbrella you can have somebody hold it for you if you can hold on to it yourself but you know get your get your big boy pants on and go nicely doesn't annoy he's never visited the war zone does that bother you at all actually. now is that it presents as the end war for our military and showing support for our military in these two years and president obama has every time he

supports our military he's provided what i need for our military i think very odd money for white and i'm grateful that he has taken over because i can tell you or stories from the law ministry actually we look forward to having you back again soon thank you peter thank you and thank you for joining me on the issue of politicking from new york remember you can join my conversation on my facebook page or tweet me a king's that was over get use the politicking hash tag and that's all for this edition of politicking.

aeroflot russian and lights. you know world of big partisan movies a lot and conspiracy it's time to wake up to dig deeper to hit the stories that mainstream media refuses to tell more than ever we need to be smarter we need to stop slamming the door on the bats and shouting past each other it's time for critical thinking it's time to fight for the middle for the troops the time is now we're watching closely watching the hawks.

terror of russian and light its. reserve bank unable to come toxic yes is it at the center of america's descent into financial armageddon yes can you blame the fed for such things as the infrastructure collapse across america they have a logical collapse that's heading going to count. already of wildfires and hurricanes across the nation and busted pipes in detroit leading our state poising a lot yes yes you can because they give money to the bad people.

but with the truth of what's to sleep. my little course on the syria. rolls here there's a sort of business with the most if. this is. the case in africa i know it that nobody else to look at the model your body has to follow it's post it's home from the show choose the fluid so. new for your. new book.

it's hard to imagine decades after the war a nazi don't tell was still active. in the nineteen seventies crittle had as the chair of its board a man convicted of mass murder and slavery at auschwitz a german company developed solidified a drug that was promoted as completely safe even during pregnancy it turned out to have terrible side effects what has happened to my baby is anything but. you know she said she's just got choked up. many so they don't mind victims i have to this day they received no compensation they never apologized for the suffering that not only want the money i want the revenge. honoring the one hundredth anniversary of the end of the first world war french president emanuel mccrone claimed patriotism is the exact opposite of nationalism

this is widely seen as a criticism of donald trump after all trying to calls himself a nationalist is nationalism a dirty word so. i'm going to. the new york times claims russia has been waging a fake news kind of pain against the west since soviet times. both say this out of the pentagon fails its own budget to what is after spending millions of dollars to check spending on weapons and pets and out. periods eons to blind taste french and american wines off to donald trump claims us brown said just as good for photo op i would say our pool room.