to scooter libby on a perjury charge because he wouldn't say something they wanted to say, patrick fitzgerald to the vice president. is there any way to fight back against these unprecedented powers? and then you've got all of these democratic donors hired by the special counsel which makes no sense to me, seems categorically abusive and unfair to me. >> everyone wants a special prosecutor until they get one and then they hate it because of mission creep and investigation creep. it's the duty of acting attorney general of rod rosenstein. he's not doing that. one of his problems is he has a conflict of interest, he's both prosecutor and witness in the same case. he is required under the special counsel law to recuse himself and he isn't doing it. you have mueller who should

patrick fitzgerald was the special counsel in that case. he was also the u.s. attorney, the federal prosecutor in chicago, and he led the prosecution of governor george ryan. and in the middle of that prosecution, one very strange thing happened, at least strange from the perspective of federal law enforcement. so in this case, trying a governor in this huge corruption case, this huge deadly years-long corruption case, there's patrick fitzgerald, u.s. attorney for the northern district of illinois, based in chicago, and he's prosecuting this case against the governor of the state. and at that trial another serving federal prosecutor from the same state, the u.s. attorney from the southern district of illinois, came into that trial and testified for the defense. came in and testified for the governor. that's a very strange thing. i mean, it was seen as a very strange thing at the time. even a decade later, it's still seen as a strange thing. christian and matt robinson wrote about this recently for "bloomberg news," describing it as a, quote, bizarre spectacle.

great book called fire in the lake by patrick fitzgerald that's an interesting history of the vietnam itself. in the middle part of the summer i'm reading books about the constitution, declaration of independence and the founding fathers different views about religion and then in a few weeks i will be on another trip with the armed services committee to norway, poland and lithuania so i will be getting groups from the library of congress to be prepared for that trip. >> when you get books from the library of congress, do you approach them as i am going on this trip, healthy? >> exactly. i'm going to this place, that these are the things we are going to be doing and they provide materials from the congressional research service they always ask for books about the country or the topic and they have incredible experts over there and usually bring over a whole bunch of books. i can't read all of them they bring so they figure out which two or three on going to read. so i do this reading, go on the trips and as i'm doing all this i'm taking notes and at the end of the trip i report back to

look at patrick fitzgerald. it started out, he knew on day one richard armitage was the leaker, and we ended up three years later with what i would argue is a personally trap because -- perjury trap because scooter libby wouldn't give up the vice president >> rosenstein, it was a very cleaver subterfuge on fox news sunday when he tried to imply there is a scope, and mueller has to be within the limit of the scope of the investigatio. rod, there is no scope because you gave him -- >> it's supposed to be narrow. >> yeah, it's supposed to be russian links to the trump campaign. but then rod added an extra phrase or any other related matter, so that's almost open-ended discretion, unending. >> all right, larry elder. a lot of people don't know you're an attorney by trade, in spite of your history as being a talk show host and a successful one. so my question to you, let's put your legal hat on. applize all that's happening here >> well, let's gain this thing out. worst case scenario, the democrats take over the hous

even after patrick fitzgerald had told my attorney that there were no problems for karl rove, he's outo write as if i was going to be momentarily indicted. my confidence in murray as a source, he says to go senior law enforcement officials supposedly told him this. i went back and looked at some of his reporting, he was constantly quoting senior law enforcement guys. >> dana: i remember that guy giving me heart attacks. can i ask you about one other thing that happened today? senate majority leader mitch mcconnell was back in kentucky speaking to the rotary club and he was talking about some frustrations about getting things done and expressing this. take a look. >> our new president has of course not been in this line of work before. and i think had excessive expectations about how quickly things happen. in the democratic process. >> dana: he went on to say, i'm not going to play it just for time, there's a reality of the complexity of legislating and basically it's better to under promise and over deliver. i do think that's been a problem and can they turn that around when they come