current senator jeff merkel. >> dangerous precedent that the president's private conversations can be revealed. it will be a he said he said type of thing. it is one side of the story. i don't think that helps the process move forward. in that case, the president can i think and would rightfully exert executive privilege. >> i don't think he will because it will be simply more cover up and more obstruction and i don't think he has a strong legal foundation to succeed. >> "new york times" and "the washington post" reporting it is unlikely the president will assert executive privilege, but is this considering what we just heard an open question still? >> well, here are a few points to make and i think it is open until the white house says on the record that it is closed. courts have established since the watergate era, the president does not have absolute immunity