. >> ted olson wrote -- okay. >> ted olson wrote the decision. >> correct. >> highly regarded among conservatives, right? >> and he was a democrat, correct? >> no, no, no, ted olson was a republican highly regarded among conservatives. >> highly regarded period in the legal profession and a scholar so to speak of the legal profession. >> but he was the legal counsel. >> if you are acting under the president's orders and cece telling you i'm invoking my privilege the individual is just following the directive of the president he. >> citing the bolton myers precedent basically the attorney general at the time wrote to nancy pelosi and said stuff it, we are not going to prosecute bolton and myers. >> you can't turn around and say i have privilege and i have absolute immunity you cannot the challenge my actions. where can you subpoenaed to submit documents and the response be i'm not. we are litigators sitting around here. you bring in a subpoena and ask for documents and you comply with it no sanctions apply. why would this not here? >> the next move go to a federal judge. civil contempt. force the

we think that we know that ted olson is a great friend of mine. we think sufficient parts will be thrown out to obama's discredit but others are of the opinion that chief justice roberts will try to bring in 10 or two of the liberals. that may weaken the decision but at any rate but i think the serious threat is in the air. everything will go bad for obama and everything they will take part in and to be scared to death will amount to nothing. >> i assume you mean the death of liberalism and our country? what about europe that goes between great twain and left-wing socialism? >> to hell with year up. we only go there for holidays. to quote donald rumsfeld. [laughter] park by have an observation in. somebody raised a question was at -- of europe. i said the french can go their way if they want but they have the only military that issues pallone. [laughter] look at up. [laughter] in america the founding fathers they had the brilliant observation and the tea party is the brilliant collection of people to get us back thinking seriously about the consti

contempt and sends it to the justice department, the justice department, under a memo written by ted olson when he was in the reagan administration, said, look, we're not going to prosecute anyone protected by executive privilege and secondly, separation of power. since when does congress get to tell us who to prosecute. you knew nothing would happen. >> and it happened in the middle of the supreme court thing. gwen: i wonder if that was part of the plan, naftali, to bring it up when the most attention was on the supreme court. >> the scheduling happened before we knew when the supreme court's decision was going to come out. this back-and-forth happens in every administration. there's a point at which whoever's in opposition asks for documents of some kind from the administration and the administration at some point says no and we have a back-and-forth that usually involves executive privilege and/or contempt and the sense of a blowup and this was the obama administration's turn at that. gwen: this was this week's blowup. i wish we had another hour and a half to talk about this. it was a f

. >> kimberly: ted olson, many conservatives as well and this is a solid precedent with the opinion heice of legal counsel. next step is district attorney of the district of columbia responsible to bring it to a grand jury to decide whether or not to proceed forward. unless they settle this, you won't see this as having legs before the election. >> andrea: you think they will go to the -- let's see. they will get outside counsel for a federal district court. civil proceedings -- they did this in the bush administration. it took five months. do you think they can get an outcome? >> bob: no, they won't get an outcome. you said the arrest gent arms in the house would arrest eric holder. that big boy -- sure, let the big boy come and face federal officers getting the attorney general arrested. this will be a civil case and tied down for a long time. this will be a nonstory next week. i feel as much as anybody for the terry family. but issa is using this guy as political boy. >> eric: you did this yesterday. how is it political? how is it politics? he's dead and family wants answers. gunwha

during the prop 8 trial when ted olson asked the defendant counsel to explain what damage same-sex marriageht couples, all he could say was, i don't know. i don't know. >> exactly. >> we don't either. >> that's a moment for a lawyer. thank you both for joining me tonight. >> thank you. >>> coming up, joe ricketts, the obama hating billionaire has found a new way to spread his poison. he is now funding a movie based on the obama hate book entitled "the roots of obama's rage." that's in "the rewrite." >>> and john edwards trial showed us that there's even more money flowing into and around politics than is publicly reported. richard wolffe will join me to track the billions pouring into our politics right now. that's coming up. -345 tdd# 1-800-345-2550 as well as your portfolio. tdd# 1-800-345-2550 we ask the right questions, tdd# 1-800-345-2550 then we actually listen to the answers tdd# 1-800-345-2550 before giving you practical ideas you can act on. tdd# 1-800-345-2550 so talk to chuck online, on the phone, tdd# 1-800-345-2550 or come in and pull up a chair. i wish i could keep it this way

during the prop 8 trial when ted olson asked the defendant counsel to explain what damage same-sex marriage, all he could say was, i don't know. i don't know. >> exactly. >> we don't either. >> that's a moment for a lawyer. thank you both for joining me tonight. >> thank you. >>> coming up, joe ricketts, the obama hating billionaire has found a new way to spread his poison. he is now funding a movie based on the obama hate book entitled "the roots of obama's rage." that's in "the rewrite." >>> and john edwards trial showed us that there's even more money flowing into and around politics than is publicly reported. richard wolffe will join me to track the billions pouring into our politics right now. that's coming up. [ tires squeal, engine revs ] ♪ ♪ ♪ [ male announcer ] not everything powerful has to guzzle fuel. the 2012 e-class bluetec from mercedes-benz. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. how did i get here? dumb luck? or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomor

and ted olson has said from day one that marriage is a conservative value that you want a stable familyr saying he is evolving but what obama did is demonstrate how a person can go from thinking about the realities of the situation, to embracing it as a fundamental freedom. >> that's exactly right. and people think about it about look at it from all perspectives, you come to one conclusion, that it doesn't have any effect on you. this is just allowing everyone to have the fundamental right to marry, be happy and raise their children. >> there are a lot of older democrats maybe folks from rural areas who might say i don't really know anyone who is gay, and this doesn't really affect me. oh, trust me there are rural gays. [ laughter ] >> since jesus never once said a thing against same-sex relationships you can't say this is the christian point of view. >> i just have never understood it, and i'm hoping that as -- again, this evolving point, i think everyone sees at some point this is going to be like it was a weird period of history that people were even fighting about this issue. >> rig

for assistant general ted olson said these documents have been steadfast the protected by democratic and republican administrations alike. late last night, the president finally made its first death in accommodation by revising the contempt citation to drop the irresponsible demand. in this late hour, the chairman shifted his focus to his demand to ask for documents that show whether the initial inaccurate denials about gun walking were part of a broader effort by the department to obstruct the congressional investigation. in contrast, during the course of the investigation, the department of justice has repeatedly made significant efforts to accommodate this committee's oversight interest. it has made 26 individuals available for interviews and hearings. they have provided the committee with thousands of documents. the attorney general has testified before congress regarding fast and furious a total of nine times. as the investigation progressed, the department leadership realized that gun walking occurrences were based on faulty information. at that time, the department not only en

ted olson who was the counsel in that case he argued the case on narrow statutory grounds. out having this huge pronouncement on constitutional grounds. it really was an abuse of the normal procedure that the court is supposed to use in considering cases. supposed to decide cases as narrowly as possible and not get the constitutional issues that they are otherwise deciding. they did the opposite. >> they did the opposite because that's what john roberts, chief justice wanted to do. that was his agenda. he came into the court with that agenda. nothing like he could have an agenda and we will find out on healthcare as well. >> interestingly enough the justices pushed the hardest for this broad agenda. justice kennedy, who is viewed as the swing justsis. >> we will see what he does today. ron pollock, you have to go to court. we want you down there. listen we will talk to you tomorrow if we have a decision today. otherwise, we will stay in touch and see you later in the week. go down there and beat some sense into the head of john roberts. families u.s.a. >> radio meets televi

precedent on this from 1984, written by a republican in the reagan administration, none over than ted olsonprecedent says the u.s. attorney is not required to refer a congressional contempt citation to a grand jury or otherwise pursue legal action. so going in, republicans knew this isn't going anywhere, so it is a side show. >> so the administration says we have given you thousands of pages, we don't want to give you thousands more, they're protected or irrelevant. that's their argument. republicans say in the first documents, you lied. so you can understand the mistrust, on one hand, and understand president bush invoked similar executive privilege with congress. when do reasonable adults go into a room and figure this out. >> that's what usually happened historically. this is a wonderful test case of the way politics has degenerated in washington, and when you have the house of representatives in particular is ground zero for the distrust and distaste that these parties have for each other, and then you get things like this. >> coming on a day of health care reform, a monumental decision

former assistant attorney general ted olson explained that these to commence have been steadfast protected by democratic and republican administrations alike since the 19th century. late last friday night the german finally made his first step at accommodation by to drop these demands. in the slate of for the chairman shifted the focus of his command to ask for documents that show whether the department's initial inaccurate denials' about gun walking were part of a effort by the department to obstruct a congressional investigation. in contrast, during the course of the investigation, the the part of justice has repeatedly made significant efforts to accommodate this committee's legitimate oversight interest. it is made the 26 individuals available for interviews and hearings and provided the committee with thousands of documents. the attorney general has testified before congress regarding fast and furious a total of nine times. as the investigation progressed, the department leadership realized the their initial denials that the mocking occurred was based on faulty information in the u.s.