think merrick garland is willing to risk. and the third reason why i don't think they will is look at the staffing decisions that merrick garland has made recently in bringing back david raskin and david roddy two very skilled trial lawyers from the southern history of new york have gone on to success other places. the fact that they're backed within the port of justice -- indicate that this is a department that believes it will try a case. and needs the staffing to do so. given that the attorneys in the national security mission don't usually try cases the same way that for example other jurisdictions they do. >> the 41-page lawsuit that donald trump's team has put out there to try to quell any forcing him to say testify. you said is not the chestnut that everybody anticipated. tell me quickly about that. >> i don't think he really had to do anything at all. the reason is there is not enough time for either side here to litigate that lawsuit to completion. if you are expecting republicans to take over