kimberly: they are crying and in mourning over what happened with chief justice roberts. i agree with your mention, what you said in the beginning before it became verbose and complicated. greg: no more monologues. they re done. kimberly: they re banned. who cares how we arrive it? the democrats or republicans, this investigation should be pursued and go farther. it should matter, whether it s one individualor death of 300 plus individuals. that is what bothers me about it. it s completely now been broken down to political terms. bob: there will be a trial kimberly: that is missing the point. we have can t proceed forward because the man who supposed to be the most franz and justice is blind, eric holder refuses to turn over documents. held in civil and criminal contempt. bob: they re going to cast a civil lawsuit. kimberly: they are. general counsel will get it. eric: to ask holder questions. do you think any of us would
they won and be done with it. dana: the interesting thing is that when president obama said it to george stephanopoulos, i guess that was their position. then, when they went to court to file the brief, the solicitor general argued it was a tax to keep it constitutional. why would they deny it now? kimberly: it s perfectly keeping with how they operate in terms of their campaigning. whatever it takes to do to win. whoever they need to pander to. for this, i mean look, they will take a win whatever way they can get it. i don t know why they try to disavow it. they were able to get through thanks to chief justice roberts who made it work for them. dana: so bob, if you keep your political hat on for a second, if you are in chicago, and you are looking at this like oh, my gosh, we don t want to be labeled this as the biggest tax increase in the last 20 years what would you advise them? bob: i would advise them there is nothing different today than if they went to the commerce claus
bob: of all the discussions we have had about obamacare around the issue, not one of you raised the tax issue. not one of you. eric: it was never an issue. it was commerce clause. greg: it wasn t a tax. we stupidly took them at their word. we thought maybe they weren t lying or maybe they were competent. turns out they re lying and incompetent. bob: you call it a tax makes eric: we didn t call it a tax. this table didn t call it a tax. supreme court justice roberts called at it tax and it passed because it was a tax. bob: you never brought up the tax aspect of it before. dana: because president obama never said it was a tax. now chief justice who they hang their hats on upholding the law called it a tax. then they say it s not. kimberly: heads up it would work. dana: sore losers are really annoying. sore winners are worse. the fact it goes on to almost all americans that whoa, whoa, whoa, whoa. this is a tax? why is the i.r.s. hiring 4,500 new agents? to collect a
having worked as spokesperson on his confirmation with other people you could not have found a conservative who didn t think he was the best possible choice. kimberly: true. dana: at the time. gregg is for his legacy, though. dana: roberts legacy. greg: he knows the left writes the history. dana: i am skeptical about what comes out about the supreme court. this is plause to believe me. it s troubling and disappointing. president obama voted against him. and justice alito. the much maligned argument on the first amendment. he also cited against bush. you don t know how he will rule. conservatives thought he would be reliable. the contortionist thing is troubling to a lot. bob: the thing about the citizens united had a lot to do with this. he felt the sting on that. he was not on the court when gorev. bush came down but it
good afternoon. i m john roberts in for bret baier in washington. the big story here is governor mitt romney s campaign messaging on obamacare. tonight on special report we look at a top advisor s word that seems to undercut the republican argument that the healthcare law is a tax and not a penalty. this goes against what pretty much every other republican has been saying. romney camp clarified the position somewhat. we ll have that for you. there is still some confusion about when governor romney left his old firm bain capital. we look at that, too. deadly storms leave millions without power in the mid-atlantic on one of the hottest weeks in the year. egypt s new president is saying the right thing when it comes to ties in the u.s. in treaties with israel. there are fears, though, that fellow members of the muslim brotherhood could force a course change. you won t believe how much the white house calligrapher in chief makes. special report at 6:00 eastern. now back to the five.