and criminal context has been expanded to mean a grand jury investigation. we don't have that here. so where they may prevail on an executive privilege with telling comey we don't want you to talk about a, b or c and telling the committee also we've put him on notice he can't talk about a, b or c and that may well involve areas they want to get into -- if there is a grand jury convened at some point or a grand jury subpoena issued executive privilege could give sway. some judge could rule, sorry it's not going to -- it's not happening. >> interesting thank you. joncas jonathan turly we have more breaking news vladimir putin ramping up retiric no longer talk about russian patriots he is back to alout defiles of any sfwirchs sberchs by russia. blaming russia for meddling is like blaming juice he says. we'll explain that ahead.