judge stennis though he had never been a judge was aging to put it nicely. that is the same stuff that holder is trying to do. it leads t to the suspicion he is protecting higher up. that it wasn't just underlings in what happens with the higher-up. >> republicans said it smelled from the beginning. the administration said it's a lot about nothing. but this move seems to give credence to what is behind this delay. >> i think what is going on here is holder does not want a contempt of congress vote against him. taking place tomorrow. >> bret: why not hand over the documents today? >> there is a constitutional divide between the legislative branch and law enforcement agency called department of justice.