estimate are trying to revive the public option. this time they're touting it as a way to shrink the federal government, claiming it could save $168 billion over 20 years. is that really the case and what does this have to do with the president's recess appointment of dr. donald berwick? fox news legal analyst peter johnson, jr. joins us with prescription for truth. >> this the stealth appointment that's middle of the night appointment of dr. berwick who believes that the socialized health care system in great britain is romantic in some sense, it's no coincidence that this public option notion, the notion that government will take a big chunk out of health care in america and run it is coming forward based on his statement. >> steve: how is that possible? they passed health care. it wasn't in there. how can they do it? >> by the passage of health care. and this is another more than