becomes whether or not somebody wants to force the issue if any don't want to observe. remember from comey's standpoint he still has toware about his ethical obligation. there is not only privilege but as a lawyer he does not want to run afoul of ethics rules by violating a privilege that's been asserted. not up like an attorney/client privilege. the holder of the privilege in the attorney/client situation is the client. the attorney can't just which willy nily waive it appear that's the basically the same situation you have here. the client meaning trump as the executive and he is asserting the privilege. >> professor, the fact that the president already tweeted and given interviews talking about his conversation was comey from hiss perspective does that play into this at all. >> it plays in a great deal. because this is a qualified privilege the president has to state usually in the form of a memo to the committee the basis for the executive privilege, that becomes part of the evidence given to the federal