>> the privilege doesn't vanish because he's not in office any more than the attorney/client privilege vanishes when the client dies in the vince foster case or a member leaves congress under the speech of debate clause. the issue is weather the functions of seeking confidential advice from advisors applies in the president leaving office, and it does. whether these documents are part of the privilege is a separate issue. that's the issue that will get litigated in his lawsuit. >> i understand the argument but i don't see any basis of precedent for it, because it's not like the attorney/client privilege. with that the privilege goes with the client, . even if the client dies, it's always theirs. this goes with the office. so if you are no longer president, you don't have that. and the proof of that, counselor, the only time a former president has gotten the privilege protection is when a current president has offered it, which is why trump's guys