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politicoffs jack smith. all we want to know about are you asking us once you've conceded there are reasons to have a president prosecuted. the only question before them now is do they have absolute immunity. but having that precision in focus it'll be a short turn around. >> interesting. andrew mccabe, your the former deputy director of the fbi. walk us through how you see this playing out. >> well, i think we've coveredict exactly procedurally what is likely to happen. i think a request for an en banc rehearing is the most likely alternative simply because it provides another opportunity to burn time. that requires a majority vote among all the judges in the circuit. it's not clear to me they will take it. we've got to see if there's an incredibly solid well-argued, expansive opinion that's released with this panel's ruling, that the en banc request could get turned down. then you're looking at a likely request fin front the supreme