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Garber. if a judge determines he can testify, can he still refuse? >> yes. what's likely to happen, this judge is a district judge, trial judge. if he orders mcgahn to testify there will almost certainly be an appeal and a stay in place and then whoever loses at that stage is likely to ask the supreme court to get involved. while that's all playing out it's very unlikely we'll see any testimony from don mcgahn. >> ultimately, isn't there majority support on the u.s. supreme court, especially now with two trump supreme court justices for a belief of very broad executive powers? aren't they like...

Straightforward case to make based on the law itself. this is a very clear -- it's a shall law. it's not discretionary. shall disclose. if the inspector general finds that a complaint is urgent and credible, he shall forward it to congress. now what we're seeing here and we've seen this dance before, is the department of justice blessing the administration saying it may say shall, yeah, but you don't have to because you're the president. we've seen it with the tax returns, with the department of treasury. we saw it with the congressional subpoena to don mcgahn. both of those are mandatory. bot...

The united states of america. massive amounts of work that have to be done. if we're talking about the electricification of our transportation system, we are already behind europe and japan in that regard. he has used executive orders. i work with alexandria cortez ocasio in introducing legislation that would declier kpliemt change. well, i think it is a national emergency and i would use all the executive powers that we

He has used executive orders. i work with alexandria cortez ocasio in introducing legislation that would declier kpliemt change. well, i think it is a national emergency and i would use all the executive powers that we have. >> there's a mention in the plan when you talk about sort of holding fossil fuel companies accountable. we know there are both private plaintiffs and states that are suing in a model that's not dissimilar from the tobacco lawsuits which of course create billions of dollars in funds in public health.

Sanders' plan, he's willing to declare climate change a national emergency. so right off the bat, that gives the president of the united states specific executive powers that he can use for things like eminent domain. because in order to build out this modernized grid, in order to expand renewable energy, they're going to have to be new transmission lines built. and those transmission lines will have to run through a lot of privately owned land. so i think first and foremost, that's how we have to think of senator sanders' plan is that he is along to el late climate change to the highest level...