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About him and why he's not showing up. >> reporter: yeah. so he refused to go to court today to appear before the grand jury, brooke, so he's got the legal side of this, the legal fight. his lawyers say they plan to continue to fight the special counsel's authority. they say its unconstitutional. they did that in court today. andrew miller was found in contempt but what's interesting here the judge put the contempt charge on hold while miller's lawyers appeal. that's the legal wrangling here but who is andrew miller. he's yet another associate of roger stone who's of interest to the special co...

Investigation about in 2016, the beginning of the russia probe around the election -- you're saying it has no teeth? i mean, it does nothing to force the hand of the department of justice here? >> it certainly gives them a deadline, i think, of july 6th, and it's when that deadline passes they would then have to vote to hold him in contempt. >> right. >> and if he's held in contempt, what's interesting is it would go to a court, and in the holder situation, it went to judge jackson, who's the same judge in d.c. who is overseeing the trial. and she did not hold holder in contempt. she felt ther...

Lost. the question is, what happens if that federal judge does not agree with them and says no? you can't detain these children longer than 20 days. at that point, the trump administration will have choices to make. they could end up separating the children again, which will just result in the outcry that we have seen in the past few weeks. they could decide to do what's known as catch and release, which was tried under the obama administration where you essentially give people a court date to show up in the future and use some sort of electronic monitoring. most radically, they could ignore t...

Contempt. in some cases, prosecutors could even bring obstruction charges on the basis of this conduct. but there's no question that he doesn't really have a choice in the matter of cooperation. >> the name that comes to mind is from, you know, the ken starr investigation, susan mcdougle in arkansas refused to testify in the paula jones case, i believe, against bill clinton and ended up in jail for more than a year. >> that's correct. on a civil contempt charge. i believe it was 18 months that she served. >> so why do we think, ari, you sat across from him, that sam nunberg is feeling this pre...

Were apparently withheld. look, it doesn't matter who you are or what the probe is, if you are revealed to have documents that you denied having, that's a problem. so clearly that is an issue and that's to my mind the stronger facet of his argument. >> julie: he is demanding all these records and available dates for witnesses to testify as we heard kevin corke talk about. he is requesting they be provided to the committee by january 3rd. if the f.b.i. and d.o.j. don't actually hold up to this they could be held in contempt. what is your belief of that actually happening? >> it would certainly ...