worked in the white house? >> he certainly can assert executive privilege or say the president has asserted executive privilege for his time in the white house but i agree with the congressman that it really is a novel articulation of executive privilege to assert it during the transition. there is only one executive at a time. the president is not the president until the inauguration and he assumes office. so it's a very novel and untested theory that they are putting forth here. >> what about between him and conversations with other people in the white house, with the chief executive not being there? >> well, that's a little more broad. they can make an argument that there are privileged executive branch communications that are deliberative that might involve giving advice to the president. it's a little more squishy than direct communications with the president but it's certainly -- it's sort of a middling claim. more legitimate than the claim there is privilege over the transition communications. >> josh, given how on the outs