week, mcgahn's testimony is no longer necessary. a three-judge panel in washington is set to hear the case on january 3rd. let's discuss the legal ramifications with former federal prosecutor gene rossi. thank you for being here. >> thank you for having me. >> this came in a late night filing and let me read what the white house said. quote, if this court now were to resolve the merits, the questions in this case, it would appear to be weighing in on a contested issue in any impeachment trial that would be part -- that would be a questionable proprietary whether or not such a judicial resolution preceded or post-dated any impeachment trial. do they have a point? >> they have a small, tiny sliver of a point. when i worked at the department of justice for 30 years, by the way, happy holidays, when i worked at the department for 30 years or so, we never told the court, hey, don't make a decision that we have asked for. the department of justice, after