now, the oc opinion, mort already described, doesn't atrekked to wrestle with the broad implications of separation of powers of its claim. and the recess has occurred. instead, it sort of proceeds, to me, a rather flawed process that a senate practice of using pro forma session is invalid because it impedes the president's pow tore make recess appointments. that, ladies and gentlemen, is an utterly bizarre claim. the constitution allows the president to make recess appointment only when the senate is in recess. it doesn't guarantee him the power to make any such appointments or even one to accept the senate is in session continuously of an intra-session. the recess appointment powers never comes into play. now, let me close by saying that i'm reasonably confident. we can discuss that a bit more. that the courts will strike this down. the courts not to do so would greatly weaken knot just congressional authority, but diminish individual liberty that depends for its ultimate preservation on separation of power and well functioning system of checks and balances. unfortunately, a great d

you're deflating peaceful atrekked in that sort of a fundamental issue. >> occupy wall street movementsts. they are not enemies of the state. why are the police treating them as such? >> and that seems to me to be the issue there. i mean, at the same time, there is this degree to which a critical conference is a public event, right? anyone can go. so is there a problem if one of those people who shows up as a police officer who doesn't identify himself as such? >> i think it speaks volumes that in the case here, you have people who came out who planned actions around the sean bell verdictic. it's no coincidence that these are all racial justice groups. what does that say about who's considered a potential terrorist. >> i don't want to scare you, but those aren't the only people that they're looking at. >> i want to get to a deep question about policing, which is this. there has been a real shift in the philosophy of police, i would say, in the last 10 or 15 years when you look at the literature on this and this sort of famous author who recently passed away. one of the ways in which po