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>> that does appear to be the case. i think the executive privilege argument was always pretty thin. they were using it, it seemed to me, primarily as a delay tactic. but the notion they would assert their fifth amendment rights. look, we cherish our constitutional rights and we ought not diminish the right of a person to not be compelled to testify against themselves if, and only if they have a reasonable apprehension, that the testimony that they would provide could be incriminating. it's not a get out of jail free card in the sense that they are not compelled to provide any information what...

Our federal courts have three levels. we've already been to the u.s. district court, the trial court. now, here's how that came out. a judge, judge chutkin in washington, d.c., three weeks ago, she rejected the executive privilege argument. she says the committee gets the documents. the judge wrote presidents are not king, and, plaintiff, donald trump, is not president. that brings us to where we are today. >> what arguments do you expect today? >> back to our structure, we've already been here. now, we are here in the u.s. court of appeals for washington, d.c. now, this is going to be a three...

Unless a court rules that his conversations with former president trump were not privileged. >> clark, you'll remember, was one of the doj officials who pushed the former president's bogus election fraud claims. he also draft add proposal for the justice department to announce investigations into the 2020 vote tally in georgia. cnn legal analyst jennifer rogers joins us now, a former federal prosecutor. that's interesting. he's basically saying the executive privilege argument. is that what happened today with jeffrey clark, and why is he so significant? >> he's significant, alisyn, because he...

Fact of what is in each actual document, and the fact that donald trump really wants to delay this entire process that is one thing that the judge source told it. the former president tried to drag out with his executive privilege argument that -- the attorneys no must hold no water. it seems politically, especially with the number of witnesses that the committee is already investigating that this is going to be a full some thorough investigation that led up to january six. so i think the following days can only last for so long especially given the way that the judge reacted to it. >> joyce a...

Executive privilege argument, that at least the attorneys must know hold no water, but it seems clear, especially with the number the committee has investigated that this is going to be a fulsome, thorough kpfgs -- examination. >> joyce, back to the judge's comments. what meaning did you attach to her words when federal judges appointed for life speak? it's important we pay attention. and also, if i can, a second part. what do you make of the importance of a second new york grand jury? >> well, i think the judge was very clear when she spoke in this case indicating that ultimately there was a ...