O'BRIEN: What do you make of what he's saying? Of these 23 executive actions, are there some that you think would be targets for being struck down by a court?
KAINE: There's the completely anti-government wing that will make that argument. I guess they made it against President Bush 41 when he by executive action banned the importation of certain kinds of assault weapons. They made it with respect to an executive order signed by President Clinton.
Presidents have the power to do executive orders. That's a power that's conferred on the president by Congress and by the constitution. So there are those -- as Rand Paul says, he wants to nullify. Nullification is a code word.
O'BRIEN: For what?
KAINE: -- nullification, look when it's been used. It's kind of a state's rights argument that gets used, you know, in times of great controversy. But the president is acting by executive power that is legally conferred on him. And as you pointed out, you went over these executive orders. They are basically common-sense things, mostly geared around information. Sharing information with communities so that we can take the steps we need to, to reduce gun violence.
O'BRIEN: Right, but when you say nullify is a code word usually there are some endgame to the code. So what's --
KAINE: We'll see what it is, but the notion that we're going to nullify presidential action when the president is acting pursuant to law, you know, that's kind of this anti government rhetoric that I'm surprised to hear somebody in government use it.