[King:] Just now the acting attorney general responding angrily to the House Democrats on the Judiciary Committee after they voted this morning to authorize a subpoena to compel his testimony. The Justice Department now says Matthew Whitaker won't show up tomorrow in Capitol Hill unless he gets guarantees from the Democratic Committee Chairman, Jerry Nadler, that the subpoena will stay in Nadler's back pocket. Let's go live to CNN's Laura Jarrett she obtained this. Laura, what does it say and what does it tell us?
[Laura Jarrett, Cnn Justice Reporter:] Well, John, no shortage of drama here between the Justice Department and Capitol Hill over this closely watched testimony that was supposed to happen. Matthew Whitaker's first oversight hearing on Capitol Hill set for tomorrow morning now in jeopardy over this whole issue of a subpoena, the one that Jerry Nadler's committee authorized this morning in case he doesn't answer questions on the grounds of executive privilege. But the Justice Department now pushing back very hard, saying this was a breach of the agreement that he voluntarily wanted to testify and now saying that if they don't get a reassurance from the committee rather an assurance in the first place from the committee by 6:00 p.m. that they will not use that subpoena, he will not show up for that hearing tomorrow. Now, it's interesting, they do say if they go forward and they can work it out with negotiations, he will answer some questions. The Democrats really keyed on, his communications about the Special Counsel's investigation on the Russia investigation. And on that part I just want to read to you a little bit, John, of what the Justice Department is saying the he would be willing to testify to. They say the acting attorney general will testify that at no time did the White House ask for or did the acting attorney general provide any promises or commitments concerning the Special Counsel's investigation. Obviously that's a hot topic as many of the Democrats have been sort of suspicious about what Whitaker was doing here in the first place, wondering if he was supposed to be the eyes and ears of President Trump over here at the Justice Department as he's been the acting attorney general since early November. But he is saying he would be willing to talk about that, but he goes on to say, John, we do not believe, however, that the committee may legitimately expect the acting attorney general to discuss his communications with the President. So that's a bright line that they're drawing here and Whitaker saying based upon today's action, it's apparent that the committee's true intention is not to discuss the great work of the Department of Justice but rather, to create a public spectacle. So now, he has his ultimatum. If he doesn't get reassurance by 6:00 p.m. tonight that they will not use that back pocket subpoena, he's not coming.
[King:] We'll see how this one plays out. Laura Jarrett, I appreciate the breaking news from the Justice Department. Let's quickly go around the table here. And let's get back to the question we talked about it at the top of the show. Number one, will the administration comply? Number two, will Democrats when administration officials do say, I'm willing to sit in the chair decide to, you know, to play a little Tarzan. We have a subpoena for you when he says he's willing to come. Let him testify, then subpoena him. Is that the right way or the Democrats have some fear that they needed that power? What's the argument for subpoena?
[Lee:] I think we can say with certainty that the community's goal is not to talk about the great work that the Justice Department has been doing. No, this is the Democrats sending in a warning shot to Whitaker that, it's all, you know, well and good that you're going to come testifying tomorrow. But the bar is going to be really high. We are not going to be satisfied unless you answer very specific questions about the Mueller investigation, particularly pertaining to any conversations you might have had with the President. And then, in terms of the recusal process, why you decided not to recuse yourself from the Mueller investigation. They don't want him just sitting there answering questions vaguely, they want specifics and I don't know that this letter is going to satisfy Democrats who want him sitting in that chair behind that table answering very, very specific questions.
[King:] We are off to attest this start, shall we say?
[Shear:] It just does seem a little bit clumsy to have done the subpoena before the guy even gets there. From a political standpoint, you could have they can always subpoena him after. And that sort of give him a little
[King:] That's the way it used to work.
[Shear:] And it does seem to It gave Barr it gave Whitaker in the Justice Department an opening.
[King:] Democrats always say the President blows through the norms in this town. They're blowing through a norm with that one. And just before we leave you this out hour, the senate Judiciary Committee has just voted to approve the nomination of William Barr to be the next Attorney General of the United States, the vote was 12-10 excuse me, along party lines. Thanks for joining us in INSIDE POLITICS, hope to see you back here this time tomorrow. Stay with us, a lot of breaking news as you can tell this day, Brianna Keilar starts after a quick break. Have a good afternoon.