they began putting together that she was guilty before the even spoke to her, i would imagine will get questions asking and drawing him out on that issue. >> there is no question. >> martha: thank you very much. here with more, judge andrew napolitano. good to have you as always. so, what will he seek, do you think? you believe he will not take the fifth, which he said he could, but he's agreed to come. i'm curious if he is setting parameters. >> he would have a difficult time doing that. one thing he can't do it selectively take the fifth because the fifth is negated if you start answering questions you want to answer but invoke the fifth on the questions you don't want to answer. that way the tailor of the whole hearing by the witness rather than by the questioners. but i have to comment on what you and jonathan just talked about.