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A legally contested situation like this is wait until a court can resolve it. i don't think this is going to go the president's way. one reason is they've waived it. they've given it away. mcgahn has already talked to mueller. you can go to barnes & noble and buy the report. how can it be privilege? i think there's other infirmities with the argument as well. >> all right. thank you so much. now to michigan congressman justin amash who is going where none of his fellow capitol hill republicans have gone to date. saying he thinks president trump has displayed behavior that meets the threshold...

Can't. they've testified for many hours. >> as far as you're concerned it's done? zblild say it's done. we've been through this. nobody has ever done what i've done. i've given total transparency. it's never happened like this before. >> let's go to mu knew -- manu raju on capitol hill. first on our reporting, what do you know about this latest refusal to cooperate? >> the white house is going to say that mcgahn should not be forced to testify before the house judiciary committee even though he's facing a subpoena. they're going to make the case they have a couple options they're considering. ...

To hold him in contempt along with bill barr and others who have defied congressional subpoenas. brooke, this is the latest escalation between democrats and the trump administration over a range of requests to find congressional subpoenas. something the courts could ultimately resolve and then tomorrow next hearing expect it to go on, i'm told, presumably with an empty chair and democrats raising concerns and the republicans siding with the white house and the fireworks aren't over yet, even if don mcgahn does not appear tomorrow and we're not expecting him to. >> with an empty chair. manu, th...

American people from hearing from don mcgahn who can give us i think based on the mueller report the closest firsthand view of obstruction of justice. the person who trump told to have mueller fired and later told mcgahn to lie about it. ultimately contempt has just become the symbolic thing, maybe congress will hold him in contempt. maybe not. this needs to end up in the courts and a judge needs to decide on the executive privilege claim. i don't think it will succeed in courts. >> again, listening to you, he is a private citizen now. >> yes. >> how would that impact him? what would be at sta...

Official duty. so even though he's no longer at the white house, that's what congressman really want to get to. so according to the justice department, he has absolute immunity from having to discuss anything like that. they draw on past precedent from the obama administration under the bush administration. the justice department has a long line of opinions that look just like this. and so they say for those reasons, mcgahn does not have to testify. now, we should point out, the congressmen, especially the democrats on capitol hill, have raised the argument, well, what about the fact that mcga...