issue would be irreversible. all right. mimi, annie, thank you so much. you ve made us smarter. we have more are documents in the feud between the white house and the navy. today the now former navy secretary richard spencer speaking out for the first time since his firing. and slamming, you guessed it, president trump s decision to intervene in the eddie gallagher case claiming it sends a very dangerous message to our troops. that you can get away with things. we have to have good order and discipline, it is the backbone of what we do and we have to build a system around it that has discipline, people look up to us and go, yes, they actually stick by what they say. and they take the higher ground. you think in this case the u.s. has not stuck by what it said? to date i think it has, but an action like this erodes that. still ahead, the race for 2020, new numbers show a very tight four way contest in the key state of new hampshire. who is on top? coming up.
today the department of justice filed a notice of appeal challenging the decision. the federal judge ruled monday that mcgahn must obey the house subpoena saying no one is would have the law. in a 120 page written decision, the judge added this, presidents are into tnot kings and they do have subjects bound by loyalty or blood whose destiny they are entitled to control. president trump reacted to this on twitter saying in part i would actually like people to te guy and i would love to have mike pompeo, rick perry, mick mulvaney and others testify about the phony impeachment hoax. joining me now pete williams. i do have to go to that first. when the president says he would like all of those people about to testify, why exactly aren t theyperspective? if the white house wants them to testify, there is no legal issue. the fact is that some figures like mick mulvaney, like the
like what they re saying or reporting here. and there is some president for this. when you look back to 1977, the district the d.c. court of appeals ruling in his favor, can you walk us through the fifth amend, the due process argument here? yes. the robert sheryl case talked about the first amendment and due process. the d.c. circuit said in a case denying the white house press pass that before the white house rejects credentials it needs to get due process because of the important first amendment issues at stake. the court said there has to be notice, written decision explaining why the credentials have been denied or revoked and an opportunity to be heard. of course, that didn t happen here. mr. acosta was just blocked and his pass was taken away when he went to report at work. that s his workplace. when you are the chief white house correspondent for cnn or another news organization, you go to work every day at the white house. it is really damaging and
judge persky s written decision were within the parameters set by law without bias. now the legislature has changed the law so a judge could not impose a similar sentence, but the change has no bearing on judge persky and recalling him is dangerous to our democratic system. it saddens me. his job was taken away by people that feel that there s no need to have an independent judiciary. persky supporters say it s scary when judges have to be careful not to inflame the wrath of those that know how to deploy the internet to go after judges whose ruling they don t like. those that fought for the recall say this is a victory. persky could not see past his own bias when he sentenced brock turner who was an elite swimmer. you ll recall the victim s statement captured the national spotlight and the judge used part of the statement when he
in jail for trying to rape an unconscious woman. folks in california voted that judge has to go. they recalled judge aaron perskie. this is the first time that has happened in that state in more than 80 years. critics say he just went too easy on a guy named brock turner who faced up to 14 years in prison. the judge said he decided to spare turner a long prison term because he was a teenager at the time and had no criminal record, plus both he and the victim were drunk. the judge also said the recall vote would lead to more judges following the rule of public opinion instead of the rule of law. something to think about. trace gallagher in our west coast news hub. trace? shep, critics says the recall sets a bad precedent. no matter what you think about the sentence, judge persky followed the letter of the law. the california commission issued a 12-page written decision said