that is not what robert borke did. we will see if matthew whittaker is a robert borke. and if he is, that's a good thing for america, actually. thank you both for joining us in discussion tonight. really appreciate it. >>> and when we come back one of the big winners last night because he will now move into the majority of the house of representatives is congressman eric swalwell. he will join us. ♪ ♪ ♪ connecting people... ...uniting the world. ♪♪ >>> today congressman eric swalwell, a member of the house intelligence committee tweeted it's time the protect mueller, there's already bipartisan support in the senate. house should pass legislation immediately. trump may act like he above the facts but he's not above the law. congressman, congratulations on your re-election last night which was never in doubt, but i want to begin with congratulations about the new feeling you're having tonight, which is in being in the majority of the house of representatives. how does that change things? >> greatly it changes t

that is not what robert borke did. we will see if matthew whittaker is a robert borke. and if he is, that's a good thing for america, actually. thank you both for joining us in discussion tonight. really appreciate it. >>> and when we come back one of the big winners last night because he will now move into the majority of the house of representatives is congressman eric swalwell. he will join us. hi susan!hs) honey? i respect that. but that cough looks pretty bad... try this new robitussin honey. the real honey you love... plus the powerful cough relief you need. mind if i root through your trash? new robitussin honey. because it's never just a cough. yeah, i've had some prettyeer. prestigious jobs over the years. news producer, executive transport manager, and a beverage distribution supervisor. now i'm a director at a security software firm. wow, you've been at it a long time. thing is, i like working. what if my retirement plan is i don't want to retire? then let's not create a retirement plan. let's create a plan

who in the trump justice department wants to be the next robert bork? in his article today, adam schiff issued this warning. >>> trump and those who would abet him in undermining the independence of the justice department should understand this, the truth will come out. >>> republican senator jeff flake said today that he will introduce a bill tomorrow with democratic senator chris coons to protect the office of the special prosecutor, robert mueller, from interference by matthew whitaker or anyone else in the justice department. >> this is a difficult thing to object to. you know, prior -- the leader has always said there's no need for this because nobody has been fired. special counsel is fine. i don't think anybody can say that after jeff sessions' forced removal. so it's not that easy to object to this. but if somebody does, we can bring it back again and again. so, i think we plan to do so. >> joining us now, congressman adam schiff, the ranking democrat on the house intelligence committee. thank you very much for joining us tonight, congressman sc

if you looked at a parking lot in 1978, the year robert bork wrote, and you look at a lot today, they would look very different. not just in the design of the cost but also in the brand. this is a classic example of this, the rights of japanese automobiles. it has bought a lot more competition to the american market. we faced a situation in the late '70s and early '80s where people were really concerned about the lack of competition in america, and the lack of clarity in antitrust law and the decisions it was forcing firms to make or leaving fronts to make were very much part of that discussion. a lot of people spent a lot of time. they had a lot of debates, a lot of discussion. they did a lot of learning and the sort of settled on where we have been for the last 40 years, which is economically grouted consumer welfare standard when we look at how do something affect consumers, less how it affects competing firms. >> host: commissioner phillips, do you have concerns about antitrust and the technology companies and the growth of the big five? >> guest: to meet part of what we see in te

if you looked at a parking lot an1978, the year robert for, you -- robert bork wrote, and you look at the parking lot today, it looked very differently. this is a classic example of this arrival of japanese automobiles. it has brought a lot more competition to the american market. situation in the lights 1970's and early 1980's that people were concerned about the lack of competition. and the lack of clarity in antitrust law and the decisions it was forcing firms to make or leading firms to make were part of that discussion. a lot of people spent a lot of time. they had a lot of debates, a lot of discussion, they did a lot of learning. and they settled on where we have been the last 40 years, and economically grounded consumer welfare standard, where we look at, how does something affect consumers? less how it affects competing firms. phillips,commissioner do you have concerns about antitrust and the technology companies and the growth of the big five? me, part ofow, to what we see in technology markets in the united states over time reflects really robust forms of competition. one of

that three would reach a much broader audience of nearly three decades later in the hands of robert bork, and antitrust and law and economics, who took much of his constitutional instructions from bickel. in his magnificent attempting of america, bork summarized the theory of legitimacy by stating that he called a estonian dilemma which runs as follows, and i quote, america was founded on two opposing principles which must continually be reconciled. the first principle is self-government which means that in wide areas majorities are entitled to go, if they wish simple because they are majority. the second principle is that there are nonetheless some things majority must not do to minorities get some areas of life in which the individual must be free of majority rule come in the quote. that gets madison exactly backwards. america's first political principle may indeed have been self-government but it's first moral principle and the recent visitor to government at all was individual liberty which the declaration of independence makes playing the constitution preamble articulates and the fo

that is a judicial doctrine first created by robert bork in chicago in the seventies in chicago believes of the great books philosophy to the law and those eternal truths so this is a judicial doctrine as a brief measure of success so with those liberal principles because as the originalist claim those original intentions of the framers now they change that to the original meaning but the difference between those things what is more verbal than real? but that mentality of the people at that moment. and this, to me is utterly preposterous. it isn't that i completely agre agree, are you kidding me? you are on my turf. and you can play here. you don't know what they were saying. you have not read it. this is all a device and i do a close analysis of scalia's opinion which he regards as his masterpiece of original is and then i suggest it is a trip through "alice in wonderland". and there is a law school history that's interesting remember if you're a lawyer you give your client your job is to mount the evidence to suppress the evidence is bad. that is what scalia does. historians cannot do

reagan, president nominated robert bork to the court. he did not get confirmed. justice kennedy: it was a three-month -- there were long hearings. david: long hearings. justice kennedy: it was acrimonious. david: he was not confirmed. president reagan appointed doug ginsburg. justice kennedy: he did not appoint him. david: he didn't actually appoint him. ginsburgn professor did not get the appointment, you get a call from the white house. did you say, how can you did not call me earlier? [laughter] david: what did they say when they called you? justice kennedy: they asked me to come back to washington, which i did. i told the president that mary and i talked about this and i did not want to come to washington. mary had a couple of years left before her teaching retirement, and this is our hometown, and we thought the kids would be californians. the youngest was a sophomore at stanford. we knew they wouldn't come back to washington. i told them i would rather than themfor somebody else -- look for someone else. i said i don't know anyone in washington. oh, you kno

robert bork, clarence thomas, now they did it to justice kavanaugh and his two young girls and his wife and his family. what this is about is power, the left will stop at nothing when it comes to blocking a nomination, winning an election. elected democrats even accuse kavanaugh of gang rape and drugging teenage girls on a regular almost weekend basis, calling him evil, comparing him to bill cosby and so much more. with zero corroborating evidence, zero corroborating witnesses and it was based on nearly four decade old claims and most of them had holes and inconsistencies all over the place. this kind of guilt by accusation was parroted by the so-called news media in this country including the late-night so-called comedy shows with the far left holier than now hosts like stephen colbert. over the weekend, we had a writer from his late-night show tweeting this. "whatever happens, i'm just glad we ruined brett kavanaugh's life." just for a second, stand back and think how ugly and despicable and disgusting that is. she later apologized and she's being sarcastic, nothing funny. that tweet

and the only person who those two men convinced to do it was the solicitor general, robert bork, who did execute the president's order. >> so is this a slow-moving one? >> this is -- this appears to be a slow-moving one. i don't know that trump will go so far as to remove mueller. you know, there are a number of members of the senate on the republican side who have said that's a step too far. mitt romney, who is now in the senate, said it during the campaign. lamar alexander has said it. not just those who are on their way out the door have said it. so it's very possible that trump knows he's playing high risk if he ever were to go that far. i think what the plan may be, as was said by matt whitaker, that you can do a slow death by cutting off his funding. >> yeah. >> cutting off his resources. cutting down his staff. and giving him some turndowns on his prosecutorial choice. >> squeeze the life out of the investigation. thank you, john dean. i appreciate it always. thank you so much. >> thanks, don. >>> can the new democratic majority in the house -- can they do anything to protect

and the only person who those two men convinced to do it was the solicitor general, robert bork, who did execute the president's order. >> so is this a slow-moving one? >> this is -- this appears to be a slow-moving one. i don't know that trump will go so far as to remove mueller. you know, there are a number of members of the senate on the republican side who have said that's a step too far. mitt romney, who is now in the senate, said it during the campaign. lamar alexander has said it. not just those who are on their way out the door have said it. so it's very possible that trump knows he's playing high risk if he ever were to go that far. i think what the plan may be, as was said by matt whitaker, that you can do a slow death by cutting off his funding. >> yeah. >> cutting off his resources. cutting down his staff. and giving him some turndowns on his prosecutorial choice. >> squeeze the life out of the investigation. thank you, john dean. i appreciate it always. thank you so much. >> thanks, don. >>> can the new democratic majority in the house -- can they do anything to protect

that theory would reach a much broader audience nearly 3 decades later in the hands of robert bork. he took much of his constitutional instruction from him, and he summarized his theory by stating what he called the madisonian dilemma, and america was founded on two opposing principles, which must can continue be reconciled. the first principle is self- government, which means in white areas of life, majorities are entitled to rule if they wish simply because they are a majority. the second principle is that there are some things that majorities must not due to minorities and some areas of life in which the individual must be free from majority rule. that gets madison exactly backward. america's first political principle may indeed be self- government, but his first more principle and the reason we instituted government at all was individual liberty, which the declaration of independence explained and the constitution articulates and the fourth amendment inc.. that means that in white areas, individuals are entitled to be free simply because we are born free with natural rights and

now, people like robert bork said, we don't know what the 9 th amendment means. it's like trying to find something under an inkblot. well, we do know because the framers, as it happens, addressed that issue in the last days of the convention and it was addressed further in the -- in the constitution or the ratifying conventions. the objection -- and it was addressed in the form of objections to adding a bill of rights. wilson, hamilton, and others objected for two reasons. one, a bill of rights would be unnecessary and second, it would be dangerous. unnecessary because why declare, for example, that there's a right to freedom of speech when no power is given with respect to limiting the freedom of speech? in other words, they took the doctrine of enumerated powers, the idea that congress has only 18 powers, very seriously. the logic being that where there is no power, there is a right. moreover, and here we come to the point, the failure to ena enumerate all members of the category by ordinary principles of legal construction -- will be construed as meaning that