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Have gone to the skiff here in the capitol. he could have brought in the individual who was providing him that information to look at it through the secure network in the skiff. none of this adds up. >> i want to ask you about your call for him to not just recuse himself but resign. first i want you on the record on a story that's just now breaking out of the "washington post." i want to be clear that nbc has not substantiated this reporting. in the last few minutes here, this is relevant to our discussion, "the post" says it reviewed a series of letters to the former acting attorney general s...

>> it's a little boring. >> and they had already distributed it to employees of the state department. somebody in the state department said maybe we better not release this to the public, and the president signs an order declaring it secret. so this federal judge basically clarified a very interesting area of the law. question: can the president of the united states take any document in the government and keep it away from everybody? answer: as of yesterday, no, he cannot. >> well, that's good because, you know, we need to know what our government is doing. we've heard of executive privilege b...

Great idea. >> greta: , well, they are two equal branches of government, and congress has the responsibility of oversight. he nets t needs to get that. congress served a subpoena last october. he's not complied with the subpoena. they've now asserted executive privilege. that will be fairly resolved. it's not like they've been partnering, making sure it goes through the usual process. the d department of has been holding them off. >> that's true. there's executive privilege, there's presidential communication privilege, which is the communications of the president and his advisors, and those a...

>> greta: well, they are two equal branches of government, and congress has the responsibility of oversight. he nets to needs to get that. congress served a subpoena last october. he's not complied with the subpoena. they've now asserted executive privilege. that will be fairly resolved. it's not like they've been partnering, making sure it goes through the usual process. the d. department of has been holding them off. >> that's true. there's executive privilege there's presidential communication privilege, which is the communications of the president and his advisors, and those advisors in pr...

What happened here, alice. patti ann: legal perspective, we have jordan, with us. some people say there is a challenge whether or not it was proper for the president to invoke the privilege under these circumstances. how so? >> there is one important part. the bush loves to talk about bush's sus of executive privileges clinton 14. courts don't care. they look separately. all these numbers meaningless in the point of law. just a you at thatting point. doesn't matter. there are two kinds of executive privilege. one is presidential communication privilege. that if you're talking to the president....