not be executive business. they would have to be claiming they're doing the business of the united states. in a strange way this sort of supports some of the stuff we've been hearing coming out of congress. >> andrew, as we all have learned by now, executive privilege, that's got to be invoked by the white house, you can't claim it yourself, but the idea to the investigators' mind say that these guys say, yeah, we were working for the president, we were helping him. >> it's amazing. so if you think back about the indictment that these two are currently facing, that indictment doesn't touch upon any business of the president, doesn't refer to the president or refer to rudy giuliani in any way. so by throwing this theory out there, they are actually grabbing mr. giuliani and the president and drawing them into