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Executive privilege to. they would push him -- and this presumably is what he was practicing doing, pushing him a little farther down the line before he asserted. one more thing about executive privilege, it's a general balancing test and might be a harder battle for congress to win than for the special counsel. the nixon case suggests if mueller is iep the mueller is interested in talking to whitaker and asserts executive privilege, mueller should win. >> don mcgahn, whose name is invoked this hour, spent 30 hours with robert mueller. it seems like the debate of executive privilege has been a...

Because i was a defense attorney. i have yet to see they care about wins and losses and it could be a trap and he's a smart guy. when he needs to be, i've read his depositions he can be focussed and cogent -- >> sean: would you ever let the president -- i appreciate he wants to be up front and honest, i would never ever ever in a million years allow him to go before this witch hunt special counsel -- >> but he has no choice. can't invoke executive privilege. it's a legitimate investigation -- >> sean: don't you think there's enough bias and abuse in the special counsel he has legitimate legal ...