president's conversations, private conversations with be revealed. it will be a he said/he said type of thing. it's one side of the story. i don't think that helps the process move forward. so in that case the president can, i think and would rightfully exert executive privilege. >> i don't think he will because simply more cover up and more obstruction and i don't think he has the strong legal foundation to succeed. >> this doesn't fall so neatly along party lines but what's the likelihood that we'll see this assertion of executive privilege? >> it could go either way. you can flip a coin on it. legally speaking i don't think he has much of a chance of success. there are a couple of things i would add to what phil mattingly reported. there's no executive privilege for illegal conduct or conversations in furtherance of illegal conduct. the executive privilege is not absolute. we also found from the 1974 case