jamil jaffer, thank you for joining us today. >> thanks for having me.d u.s.a. fails to mount a comeback against baylor which is headed to the sweet 16. the first in spring might actually feel like spring in the north east as temperatures rise. look at the forecast for a meteorologist adam klotz. you are watching "fbn:am," your first look at morning markets and breaking news. ♪ i've got a real good feeling something bad is about to have been ♪ through your heads back laughing ♪ wake up in the morning, don't know what happened ♪ something badne ♪ business, vendor contracts or employment agreements. legalzoom's network of attorneys can help you every step of the way so you can focus on what you do. we'll handle the legal stuff that comes up along the way. legalzoom. legal help is here. i'm going to the bank, to discuss a mortgage. ugh, see, you need a loan, you put on a suit, you go crawling to the bank. this is how i dress to get a mortgage. i just go to lendingtree. i calculate how much home i can afford. i get multiple offers to compare side by side. an

our guest is jamil jaffer, long-standing director of the national security institute. let's get to the exchange with fbi director coming during the hearing last monday. [video clip] >> is there an exception in the law for current or former u.s. officials who requested anonymity? >> to release classified information? >> yes. >> no. >> is there an exception for reporters who want to break a story? >> that is a harder question. whether reporter and first criminal liability, that would be the online ken -- the aunt -- beyond my ken. that is a question the department of justice has struggled with. >> lots of people have struggled with it. you are not aware of an exception in the current dissemination of classified information that carves out an exception for reporters? >> i'm not aware of anything carved out in the statute. i don't think a reporter has been prosecuted in my lifetime. >> there are a lot of things for which people have not been prosecuted were convicted. that does not keep people from discussing the statutes. host: your reaction to that exchange? guest: it is

. >> brown: jamil jaffer worked with gorsuch at the law firm and later as his law clerk and has remainedriend. jaffer now teaches at the antonin scalia law school at george mason university, named for the man who neil gorsuch may replace. >> one of the interesting things about judge gorsuch is that he really is a judge's judge, you >> brown: what does that mean, exactly? >> yeah, so he's not looking to get a particular outcome. he doesn't have a particular policy view that he wants to impose upon the law. it's applying the laws congress wrote, applying the constitution as the people who wrote it understood it. and not going outside those bounds. and so maybe that's a conservative philosophy in the sense that it's originalist, it's textualist, in the mold of, i would say, justice scalia. but also very mainstream in the sense that when you apply it to any given case, you're not going to necessarily like all the outcomes. >> brown: i understand, but it also sounds a little maybe naive in the political context we're talking about, right? >> sure. >> brown: scalia was a lightning rod on all k