deputy attorney general sally yates, judge merrick garland, who president obama nominated to serve on the u.s. supreme court. however, republican senator johnennedy says jen psaki's comments over the weekend were not enough to ease his concerns. >> when i heard that, her comments, i thought to myself, "whoever wrote that for her did it after their morning beer." that implies that they -- that mr. biden thought about talking to his nominee, but decided against it. that's why we need a special counsel. >> harris: oh, the morning beer. guy lewis joins me now, former u.s. attorney. always good to see it. i am sure something was at play here, because when you are prepared to say to the whole world, guy lewis, "i'm not going to talk about it," that sounds like you have lawyered up. what is that? >> harris, i think the incoming president biden should actually go a step further and formally recused. there is a conflict here. this is his son we talking abo about. it's under investigation for federal offenses up in delaware, the u.s. attorney has looking at his taxes, and frankly, potentially, joe biden is a witness. he needs to not just say, "i'm no