former federal judge don gleason, who also would consider whether the former tripadvisor committed perjuryn has been openly critical of the trump administration's handling of the case, and just this week wrote an op-ed saying, "there has been nothing regular about the departments effort to dismiss the flynn case. the record reeks of improper political influence." andy mccarthy, former assistant u.s. attorney in fox news contributor, joins me now. first of all, talk to me about how that can come into play. i know he's private now, he was formerly appointed, i believe under the clinton administration, as a federal judge. now he's practicing privately. why bring in this outsider? how does this all play? >> well, what's going on here, harris, is judge sullivan doesn't like that the justice department is dismissing the case against general flynn. he doesn't like the fact that he doesn't have any authority to do anything about that, so he is basically brainstorming to try and come up with some reason that he, the judge in the case, can take over the role of the only constitutional actor that has