the conservatives who are looking to make an issue in an election year. look at timing of this. gregg: i'm not sure the white house explanation we're getting through our two correspondents we talked to today makes a lot of sense relative to the request by congress. they're saying, well we did have discussions about how to politically handle the fallout of "fast and furious". that is unrelated to the documents being sought over at justice, rich. so why would i invoke a protection, a flat-out protection for that? >> it seems a pretty weak claim the strongest claim obviously is deliberations directly involving the president. this is at an agency level. any agency could really claim this sort of privilege over their deliberative process over anything at any time. so the committee will vote to hold them in contempt. i believe the house will vote to hold them in contempt. then it goes to a u.s. attorney and that will probably not go anywhere. gregg: in other words, it could be, sort of a subterfuge to delay this