joining me tonight, former new york governor and former attorney general of new york, eliot spitzer. mrspitzer, good to have you with us. >> ed, thank you for inviting me. >> this has got to be a clear indication of fraud as i see it. these are damaging e-mails. >> absolutely. remember, the defense of the banks has traditionally been we got it wrong, but we didn't lie. we made a mistake, but we didn't deceive. the beauty of e-mails is they give you a contemporaneous vision and understanding of what people knew. these e-mails make it very clear. and there are equally damning e-mails related to many other banks that at the time morgan, wamu, bear stearns securitized the debt, they knew the mortgages were bad. that is the essence of this, and it completely debunks their defense. >> where is the justice department? >> absent, missing in action. look, you and i think have the same frustration. we thought with a president obama, with the justice department unlike what we saw in the bush administration that embraced the banks and believed in self-regulation, believed in the mythology, wall str