entire ordeal was i've been wondering going into today, where are they going to create an actual constitutional question that could potentially make its way to the high court? they didn't do it. i was looking to see whether in pushing on the separation of powers issue they would create enough controversy that they might pose a question for the supreme court. i don't think they did that. >> a smart lawyer i talked to about this today made this statement, said i said what's up with all the impeachment staff? and she said it's a fallback position. the argument in the brief is, you can't do anything. if it's an official act, tough luck, buddy. which means if he tells seal team six to go assassinate his political rival -- they couldn't argue that because it's so ludicrous. so now they've got this fall back impeachment position. it's just worth playing, because it's the classic trump