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It is not absolute. and even where executive privilege applies, there is a balancing test that if there is some need for it, it can overcome that executive privilege. but goy back to the original point, it is reserved for the executive branch. if you're a private criminal defendant, you're going to have a real hard time claiming executive bridge because you happen to share a lawyer with the president. >> could these close ties to the president through giuliani potentially leak into the impeachment inquiry? >> potentially, but i mean congress' investigation is in many ways overlapping with some...

>> jonathan, there is -- there's a risk to history in a very narrow drafting of articles and that is does it leave the implication, if you leave out the emoluments violations, that that's okay, does it somehow certify what donald trump has done running a hotel business in washington, for example, taking income from foreign governments that way? does it certify his refusal to obey the law and hand over a very clear law that says treasury department must hand over any tax return that the house ways and means and demands, they're violating that law and a string of other things. is it a concern to...

That way? does it certify his refusal to obey the law and hand over a very clear law that says treasury department must hand over any tax return that the house ways and means and demands, they're violating that law and a string of other things. is it a concern to leave out this long string of things might leave them as certified acceptable action for the future president? >> i guess it is a concern, but it's a balancing test because you want to be politically disciplined, and nancy pelosi's a boss. remember what will rogers said about the democrats, you know, i'm a member of no organized polit...

Confused. is that important or more that the big details are right? >> credibility is always about accuracy. it's always a balancing test. the bigger the detail you get right the better it is. for example, here the whistle-blower accurately described most of the content and most of the tenor of this call before the memorandum of record was publicly released. he was telling us in advance what to expect in the memorandum and got it exactly right. likewise with the fact the memorandum was moved to a code, classified code word server. perfectly accurate. when a witness predicts in advance what to ...

President trump. democrats are looking into the president's constitutional violations and administration's culture of corruption. joining us is msnbc contributor, former u.s. attorney and former senior fbi official. back with us, former congressman david jolly, an msnbc political contributor. chuck, let me start with you. the majority whip are making the argument that the words don't matter here. is that the case as you look at what the house judiciary committee has accomplished so far, what it has done and taken to the courts? >> in some ways he is right and in some ways he are wrong. let me ...