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Right. part of the reason we have a great military is because we're highly trained, we're professional, and the uniform code of military justice guides that. we're a nation of laws and the rest of the community understands when the u.s. military fights they fight with the highest level of professionalism and are guided by the rule of law. and when you have a commander and chief of who seems to believe that that code -- that doesn't really apply if he decides it doesn't apply, to me, it's really about moral issues. certainly, as you said, he has the legal authority to do what he did. but, to me...

Of course she could stay her ruling while it's appealed. it could be appealed and that would take months to resolve. and so i'm curious to exactly how she writes the opinion, and whether other people reading it will go and testify even if it's appealed. >> so i want to draw that out for a minute because there are a number of other former and current trump administration officials who are currently not obeying subpoenas from house democrats. some of them have said the white house told me not to go. i'm caught between a rock and a hard place. >> which is not a crazy argument, by the way. >> so d...

Called as a witness because they have put out these three questions. and while they would -- on their face seem to exclude calling in hunter biden, so some have suggested they were trying to protect the bidens, the way they have tailored those three questions, they apply completely to the whistleblower. the only person on capitol hill who knows hot whistleblower is sounds like -- although the whistleblower attorney has said that the only person who knows the identity are members of the intel community, the ig department. ainsley: he gets paid to say that. pete: they are successfully gaming the...

Immunity says that this kupperman can fight this and doesn't need -- and shouldn't go in. h who's right here? >> the answer is this hardly ever happen, so we're not sure. the position of community has been taken by white houses and departments of justice going back for quite a while. one federal district court has said that, you know, that immunity doesn't apply. chairman schiff raises what i think will be the first issue that the court will have to decide, can a court even get involved at this point. is it right for a court to get involved, because nobody's been held in contempt. also, there'...

Testify. his lawyer said they'll let the courts decide whether or not he should testify even though he was formally issued a subpoena. it seemed that adam schiff the chairman said, you know what, we'll move on and not waste a whole lot of time going through court proceedings right now. >> well i think kupperman will be forced to testify and they will uphold executive privilege doesn't apply. >> but it will take a while to get that decision. >> i hope it won't. that they will make a decision that kupperman isn't protected and doesn't cover illegal conduct and it is a shame he didn't testify but...