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Shot, but did you -- as you watched this -- see an attempt by sessions to set up a potential executive privilege argument by the president? >> it certainly sounded like he was sounding the alarms and saying mr. president if you are listening this is the time to exert executive privilege. i'll not exactly sure that was what was going on. responding to your last question, where are the staff willing to talk truth to power. where are the people willing to stand up and say mr. president this is wrong, you can have this conversation? none of them did that. much like watergate today we heard aed lo ...

Investigation of michael flynn. let's bring in the analyst and specialists. we've got lots to discuss. susan hennessey, james comey will clearly testify publicly next week unless the president can come forward with this executive privilege argument and stop him from doing so. white house is considering that. you are our legal analyst national security analyst, is that doable? >> so executive privilege is a way for the president to prevent other parts of the government from essentially compelling information from the executive branch. it is usually applied to current officiales who don't want t...

I think the executive privilege argument is going to fall short and that's why you'll see some documents hopefully released and get to the bottom of this. the border agent's family, brian terry's family deserves the answer the american people deserve the answer and congress deserves the truth here. theyically lied to. it's serious. to have a letter come in and then retracting it this is serious tough stuff and that was a big mistake and there are consequences to this. bill: you filed a brief to the justice department. you believe the administration is ready to cut a deal? >> i think they want ...

>> that time line is fuzzy. and i think that's one reason why keith kellogg's name showed up. he's likely there to answer questions about that piece of it. >> sean spicer as jim sciutto was talking about, kept notebooks filled with specifics about his work in the white house. does he have to turn all those over to mueller? >> he does. they're not protected by attorney/client privilege or really executive privilege, which has largely been weighed, even if it could be claimed. but even when an executive privilege argument is made, it generally yields to criminal investigations. and so the odds a...

Didn't have to worry about kushner and he was going to sideline kushner because of russia. that he had information on the russian investigation and that he was going to sideline jared kushner. two days after i heard this, two days, front page "new york times" story about the links between kushner and russia. a coincidence? absolutely not. steve bannon has been leaking, i believe, based on everything that i've heard, has been leaking these stories. >> allan, give me your response to that. >> well, it might not help with the executive privilege argument, again, if someone in the white house as h...