objections here that a court will have to review to answer. the problem is really going to be whether these senators have standing to bring this case. whether three senators will be deemed by the court to be the people that should be heard on this issue. >> sandra: here is senator chuck schumer in his own words putting aside mr. whitaker's conflict of interest his appointment as acting a.g. is in direct violation of the constitution's appointments clause and should concern every american regardless of party affiliation who cares about the rule of law and justice in our country. you care about the rule of law, justice in our country. is he right? >> look, i think there are legitimate concerns here but this has been done in history. this has been done in the past. i'm a critic of using historical practice as a way of interpreting the constitution. i think if it's unconstitutional, doing it over and over again doesn't improve