then also there is this accommodation, this agreement made between the political branches. and that is the way it is supposed to work. >> jamie, i know you have been talking to source, your sources in washington tonight. i'm wonder what year hearing about the hike hood the supreme court would take the president's case? >> i am not the legal expert on this panel, but i did reach out to two former justice official sources, who by the way for what it's worth are both conservative republicans, and they know this court very well. it was their opinion -- it's just their opinion -- that there would be if trump tried to get an on banc, that that would be turned down. this is just their opinion, they did not think the supreme court would take the case. >> professor feldman, do you think they would? >> i think the odds are against it. i think the only circumstance they would if they wanted to weigh in on the danger of subsequent presidents effectively waiving the privilege. i think the background issue