mueller is not going to indict a sitting president, that's the doj guideline and they believe he will follow that based on things his investigators have said so this becomes about a potential impeachment battle. >> the subpoena battle is something the mueller team doesn't think is worth the effort and you seem to think maybe they're under the impression they don't need it but then it gets to what rudy giuliani and that team is doing. you call it a cat-and-mouse game. that's charitable. they're stringing this out as long as they can and playing the game with the press. now giuliani is telling people we're going to respond this week. what's your reporting on that and what does he mean when he says it's not our final offer. >> i think you'll see likely today but possibly tomorrow or friday a counteroffer. my understanding it is won't be an outright we're not doing this. that closes the door. remember there is -- under doj