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in that case seeking to argue that they should have been given notice prior to the plea deal being entered into. is that your understanding as well? >> my understanding is that there is a pending civil lawsuit. >> so there's that, but still you had nine democratic caucus members, including independent angus king, to voted to affirm acosta. six of them had still in the senate. joe man chen said about acosta, if he made a mistake or judgment call or something like that, does that affect the way he's doing his job now? i'm basically going to judge him on the job he's doing and how he is doing it. what is your message to him? >> senator manchin made that comment recently, i disagree with his assessment. i've led an effort with my other

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