court of appeals. if i were her lawyer, i don't think it is a matter of litigation strategy. it's true. they will litigated to the court of appeals, may try to get to the supreme court. i doubt the supreme court will want to get near this case. >> shannon: on another front, we have a special counsel. real or steam talking with michael flynn's team, and they are cutting off -- strategizing with that white house team, that is to be suspected. does it surprise you? speak it what doesn't. i think it is something that a lot of people expect it would sooner or later, the fact that flynn's people might be talking with mueller, it shouldn't shock anyone. at the end of the day, if flynn cooperates with mueller, does flynn have evidence that will inculcate the president? if the president and campaign officials are innocent, they have nothing to fear. the fact that clint is cooperating doesn't matter at the end of the day. >> shannon: quickly, there has been a lawsuit filed trying to get rid of a special counsel