issue which the judge did carve out but didn't really illuminate in great detail, which is executive privilege. that mcgahn could still exert executive privilege, but what could that cover? do we know? and if in the case of don mcgahn, we already know these issues surround whether or not the president was telling him to fire people and obstruct justice. would it cover testimony about that? >> executive privilege is an area very unlike attorney-client privilege that is not well litigated, so it's not very clear what the parameters are. i think what we will see if don mcgahn shows up to testify is a lot of assertions of executive privilege, and that's really the problem there is the congressional testimony doesn't give a lot of ways to have that issue resolved immediately on the spot, the way you would in a criminal trial with a judge presiding. that's going to be the problem because it's an individual inquiry based on the actual question asked and the likely answer. so it's going to be a big mess frankly because we are going to