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Been tested in a court one time, in a district court, and the argument was rejected. it hasn't worked its way up through the appellate courts, et cetera. the answer to your question, unfortunately, is some of this is unanswered as of right now. as to exactly what that power is. >> yeah, but don't you think that congress has the better of the argument? there's an argument that executive privilege was waived when mcgahn spent 30 hours in front of congress. this immunity argument is new to me. i'm not sure where that exactly depose. fundamentally, as willie said, when you're subpoenaed by congres...

Document requests, as you mentioned. but then the white house, if they choose, can try and slow walk that. any of these document requests and subpoenas for testimony can be held up for at least a year, if not multiple years if the white house wants to litigate those or the parties involved want to litigate those. so one idea of this strategy that nadler is taking where it looks like a fishing expedition, part of that might be to get the ball rolling on what is going to start out being negotiations back and forth between the committee and the white house and the different parties involved. then...

Say that might be a matter of executive privilege so i'm going to consult with the white house to see if i can exert executive privilege ahead of this. nadler wants to know ahead of time. and if they do, nadler is prepared to get into that battle. >> right. again, i think this is smart tactic. he sort of got away the positive and negative of giving the questions in advance so he can prepare his answers and also being able to see, you know, what executive privilege arguments they're going to make. because there will be some legitimate executive privilege claims, but not all. there's no way that...

Come into this hearing room and say that might be a matter of executive privilege so i'm going to consult with the white house to see if i can exert executive privilege ahead of this. nadler wants to know ahead of time. and if they do, nadler is prepared to get into that battle. >> right. again, i think this is smart tactic. he sort of got away the positive and negative of giving the questions in advance so he can prepare his answers and also being able to see, you know, what executive privilege arguments they're going to make. because there will be some legitimate executive privilege claims, ...

>> yeah. there's that. >> there's that. i mean, there's -- we know that he's saying manafort did not fully cooperate and we're going to have filings about that. but it really is the fact that there are investigations that are criminal in nature and that are redacted in documents that have been filed before the court and we also know that he's fighting about documents and evidence from company "a," which is controlled by a foreign government that is fighting him on delivering those documents. >> you have about 60 seconds remaining. if you switch teams and the president hired you and said, look,...