she gets to be robert bork. the pattern is clear, if trump decides he doesn't want to be prosecuted or investigated, thinks he's above the law, he starts peeling off these people, got rid of comey, threatened mueller and now going after rosenstein, he's threatening him today. more stuff from trump. >> well, it is evocative of the good old days. >> you work for "the washington post." >> yeah. >> has a history in these matters. >> i can't remember that. >> on the saturday night massacre nixon ordered his attorney general to fire the special prosecutor, the attorney general refused, the deputy attorney general refused the person who carried out the order was robert bork the solicitor general. >> nixon had to deal with richardson but he let him resign. >> sorry. >> the nuances. >> i mean, if rosenstein could recuse himself, but it would not be exactly a bork situation. he would sort of dump this stinking mess of having to deal with an angry president and a complicated investigation into the president into the hands

conservatives like bork and scalia had concerns about judicial restraint. in their view the supreme court the justices and the fed judiciary were planned to have an important role in protecting the right the framers intended to guarantee to citizens and a approach of judicial restraint that gave such deference to the elected branch of government would run the risk of abdicating the responsibility that jurists had to protect against overreaching majorities. so, bork and scalia came up with the idea of originalism, and the idea which had roots in earlier juris prudence was that courts should invalidate laws as inconsistent with the station the extent they could demonstrate that the framers of a particular provision of the constitution understood that particular law was incompatable with the constitutional provisions they were adopting. if you could demonstrate that was the original understanding of the first amendment or the fourth or fifth amendment or seventh amendment, you should invalidate the laws. other than that if you could not show that laws that wer

now robert bork, a very conservative justice has revolution the chicago school of antitrust where hethe only thing we ought to look at is prices i disagree with that i think antitrust needs to look at the consequences of concentration to jobs, wages, small businesses but even with prices, what you have seen is when you have large concentrations, companies will come in. they will value growth they will be selling things below cost they'll do that and then eventually they will develop large market share and the ability to set prices and discriminate and if amazon uses amazon to start price discriminating, you can have consumers impacted. the mainish sue wages, impact on local small businesses and invest ment for innovation >> interesting approach and framework given the thafact tha industry is so fragmented. congressman, we hope you'll come back. >> i appreciate it and i definitely think there are two different schools of anti-trust thoughts. the robert bork thought which is all about prices and i think the school about harms of economic concentration. >> congressman ro khanna, thank y

we beat bork. the white house set up and paid notice and people in congress said, if they can mobilize all those people around that, they can mobilize all these pipe around this. maybe we ought to take a second look. one way to do it is think's focusing on one issue and tearing it down, and the other is, as you said, for a people -- whatever lane they're in, to stay in their lane, but two ways to do it. >> the squeaky wheel gets the oil of the hillary supporter. >> thank you to each of you for coming. would you comment on the underlying reason that some of this -- these policies are being fostered in each of these departments, where these structures and the administrative procedures are being decimated? because we can see that it is happening in being reported in at the paper but can you comment on the underlying policy and reason this is occurring. >> it's to free up capitalism. julianne puts it in economic language. sort of economic language and terms. leavened with comedy which is a release. but

. >> the third person-- inhe solicitor general, robert bork.ay night massacre." >> we were horrified, this was not what we considered to be the role of the president or how democracy functions. >> so it looked like not only was cox gone, but the investigation was over. so many americans thought, "oh my god, this is a coup d'État. >> basically, the president has seized full control of the special prosecutor's office. >> they are impeding our operations right now. >> the white house the executive branch acted as if it was actually going to crush the entire investigation. >> our office had been seized and to us it was a clear attempt to obstruct the investigation, to interfere. >> impeach nixon now! impeach nixon now! >> and the american people were outraged. they said basically, "you know, we're not a banana republic. we have a system of laws here even if it's the president of the united states, no one is above the law." >> and now, the public opinion tide swung very strongly against richard nixon because that saturday known as the saturday night

i said bob bork is here. he was the number three guy in the department. was the last one really eligible to do it. >> the commander in chief found someone willing to carry out his orders. >> and i have asked all personnel in the department to stay and help keep the department from going in this difficult time. >> so ended what would become known as the saturday night massacre. >> one said the motive was to remove constitutional confrontation. >> richard nixon violated the law, he compromised the office and he violated the compact that we thought we had with him. >> before he did all of this he must have considered the probable reaction in congress including the possibility of impeachment. >> there with some of us who felt the presidency was getting out of hand. the saturday night massacre was a signal to the american people that a president was putting himself above the rule of law and they demanded action. >> and the public outcry to the saturday night massacre was so significant. >> just the insanity of the saturday night massacre like who does that? ho

know, as jeff was saying, he had to fire elliott richardson, william ruckles house, and then robert bork finally accepted the position of acting attorney general and fired archibald cox. and that scandal led ultimately to the resignation and disgrace of richard nixon. that's the example historically the president is looking at if he's going fighter special prosecutor. >> jeff, i wasn't reporting on the white house back then, but my understanding is with ken starr that the clinton white house, they had a lot of people going out basically impugning ken starr for a long time. >> daily. hourly. >> is that the strategy you think this white house may take toward robert mueller? >> it's quite possible. i mean, i think mueller is going to be a target. and he is in the midst of a political struggle. now, mueller is likely to conduct his business very quietly. we're not likely to know a lot of what he's doing until and unless he indicts somebody. so if he's completely silent, i think it's less likely that they will be attacking him. but if he does charge somebody and if it does implicate the presi

two people who wouldn't do it, the october massacre, he got bork to do it. that was a time ago.t to put in perspective we're not as close to impeachment or guilty or whatever. i have to put some perspective on this thing, because having lived through watergate we're not there yet that's a very dicey analogy, okay? very dicey. >> well, the president's party controls congress or the one thing. >> yes. >> the dow is down, down 11. we hit a nasdaq record high. joining us this morning as well, former florida democratic governor bob graham. governor, good to have you with us this morning. thanks for joining us. >> thank you very much for the invitation. >> if you were on the committee today, what's your mission this morning? >> my mission would be to try to see what is the hard evidence that the president's words were intended to influence the actions of the fbi. was this more than just a conversation between the chief executive and one of his employees or was this an effort to get that employee in this case the director of the fbi to take actions that would be beneficial personally t

deputy a.g., both resign and refuse to do it, then your solicitor general who back then was robert bork was named a.g. and he did it. the short answer is can he do it? yes. but then the real question, stephanie, is should he do it and frankly as we've heard that optic is horrible, legally and politically. >> well, i mean should he do it? what matters more to the president lowering and lowering his approval rating or letting robert mueller do his work and who knows what he's going to find. evan, i want to share what we've heard from some republican lawmakers and go down the list. lindsey graham said if the president were to fire robert mueller it would be a disaster, susan collins said it would be an extraordinarily unwise move, jeff flake, congress has a lot of confidence in mueller. peter king, i don't see any reason to remove him, and paul ryan said let bob mueller do his job. you tweeted out, if the president were to do something like this, you would see a shift. the wheels would come off the republican party. why do you think that? he's done a lot of things and they still stood by h

he'd have to find somebody willing to be robert bork. >> if the goal of firing comey was to relieve pressurehim with the russia investigation, obviously it didn't work. >> you guys have a tough job because you've got to outdo the news today. stick with us. we're going to have these people tell me something i don't know. we'll be right back. who hugs a friend. who is done with treatments that don't give you clearer skin. be the you who controls your psoriasis with stelara® just 4 doses a year after 2 starter doses. stelara® may lower your ability to fight infections and may increase your risk of infections and cancer. some serious infections require hospitalization. before treatment, get tested for tuberculosis. before starting stelara® tell your doctor if you think you have an infection or have symptoms such as: fever, sweats, chills, muscle aches or cough. always tell your doctor if you have any signs of infection, have had cancer, if you develop any new skin growths or if anyone in your house needs or has recently received a vaccine. alert your doctor of new or worsening problems, includin

. >> or he believes he can reach down to some number of level of people to find a robert bork who will throw away their future by doing his bidding. but max is correct about the developments here. there will be a court hearing monday in brooklyn in which d.c. report and our lawyer henry kaufman, who's also representing the bbc and others, are trying to unseal the records of felix sater's dealings. this is the man who traveled with trump for years, who has involved in major felonies and is very closely associated with donald, even though donald claims he wouldn't recognize him if he knew him. he traveled with him all over the place. we're trying get the records of his criminal matters unsealed. and we think there is a lot in there that donald doesn't want to have come out about his connections to the russians. and always keep in mind when donald says he has nothing to do with russia, that if you create an entity here in the u.s. or you do it through another place you don't have to say it's russia, even if it is. >> david cay johnston, max boot, thank you both for joining us tonight. rea

further down the chain of command, of course he's going to try to find someone, as nixon did with robert bork deeds. i think as elise said the staff should really be looking at an intervention. i think the president needs a tweeter. a tweet intervention and probably should start looking at a 12-step program because obviously powerless over tweeting and his life has now become the subject of a special counsel investigation because of his tweets. >> and she's the one who said i wish he'd stop tweeting when asked by matt lauer and savannah guthrie once during the campaign. what's the one thing you wish he'd change? stop tweeting! elise, you have critics who suggest that the president is partly responsible for wednesday's shooting, in that he has fostered this kind of aggressive, hyperpartisan national tone. what do you think of that? >> i think that's absolutely disgusting and wrong. you cannot accord these mass shooters who are in the mindset where they kill innocents like that. i don't think that it can directly be subscribed to one person's deeds, although i do think this a toxic political cu

majority opinion by then judge ginsburg, ruth bader ginsburg -- they are citing the dissent by judge bork not the majority opinion. they don't tell you that but -- the defense says that but the majority has never said that. the law has always been that even when there is a delegation of authority, it still has to be viewed within an overall context of the immigration scheme. just feel it the way they do -- would allow the president to take a magic eraser to the entire code. obviously, the brief in the texas case is not about establishment clause -- >> but you also wrote a brief in in which you said u.s. policy towards aliens is vitally and interwoven with the conduct of foreign relations. a power that is likewise anyed in the branches and rule of constitutional law that would inhibit the flexibility of the political branches of government to respond to changing world conditions should be adopted only with the greatest caution. >> when i was in the government, i try to get the supreme court to bite. they didn't. i think -- even still, we are not here saying that there no -- the president d

like nothing seen in the past 30 years since the nomination of robert bork was defeated and justice kennedyk his seat. >> that's right. >> all right, terry, thank you. >> everything changes in washington if he retire, seismic. we'll stay on top of that but turn to massive wildfires in the west forcing hundreds of families to evacuate in utah, nearly a thousand firefighters are battling the largest active wildfire in the country, already consumed more than 40,000 acres. abc's matt gutman is on the ground in pafguitch, utah. good morning. >> reporter: officials calling it unprecedented saying they never expected it to grow this big this fast so early in the fire season already consuming an area larger than washington, d.c. they have 1100 firefighters here already but say they need more. this morning, fast-moving flames in utah forcing more than 1500 from their homes. more than 1100 firefighters keeping an all out assault battling this nearly 43,000-headacher fire. >> relatives on the west side of the valley lost everything. >> reporter: more than a dozen homes destroyed as firefighting planes

reeves is executive producing and cher ref decatur and i started operation lead here we're very excited borkand the kids inspiring kids to act and direct and write and produce and so my first community policing school was taught by david decatur, sheriff decatur when he was a lieutenant in 1997 in stafford county we've been doing eight long time here. community first and that's number one thing. >> great things happening here in stafford. thank you all. thank you and thank you for all that you do. every day. all righty. back in to you guys in the studio. stafford got it going on ya'll. >> it really does. congrats to all of them. thanks for all they dodge he is a stand up, a an actor and host of vh1 hiphop squared. this morning he's back in the lot of coming up next comedian de ray davis joins us live. >> wahoo! >> 9:41. >> got the moves, too. >> i don't know what moves those are, though. [ laughter ] z2ejcz z16fz y2ejcy y16fy >> all right.besides being zip y funny friday this morning we hilarious righty eyed actor comedian in the loft with us. you've seen in blockbuster mega hits 21 jump str

aarrived yesterday, the borks, and there were just two of them, and it turned into wod r iii, like you one of our producers, who gave me this? oh, yeah. anyway, now there's a pink one, and she gets it. even though their fingers are too small to spin it. we had to put it on the table. i gave each kids two minutes. >> i'll do this for the rest of the segment. . >> it's supposed to help you focus. >> all they did was fight. >> fidgeting right now. >> and then one. it fell apart. then there are pieces of them all over the house. this is an expensive one. can we do ken-fessions again? >> yes. >> it was fun yesterday. i was watching. >> you were? >> yes. >> don't pick this one. we don't know what the question is on that one. >> i can't read popcorn, silly. >> you'll spin and i'll read. >> a newspaper in london just named you one of hollywood's 30 smartest celebrities. >> what number were you on the list? >> 31. >> we wanted to know what's the dumbest thing you've ever done on a movie set? >> that's a nice question. you're smart, but let's talk about how dumb you are. >> well, there's a lot o