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That treasury secretary has invoked claiming i can refuse to provide this if there is no legislative purpose. the law is precleared. those lawyers drafted in the internal memo the way they saw and the way everybody sees. we will see how it plays out in the courts because this is all about political leverage at this point. it is going to take time. shannon: your comments on this is a document of any import? >> let me confess up front the worst grade i got in law school was in tax law. this is not my area of the law but that is everybody's first is worst grade, tax law. i read it closely, is a t...

Really didn't know what they were getting here. the white house really did not know what's going to be in this report. >> executive privilege doesn't cover all aspects of this mueller, russia investigation. >> the lawyers are making very, very broad executive privilege claims. executive privilege only plausibly ap plplies from the period of time after trump becomes president, only applies for conversations between and with government officials. so it might plausibly apply to say the elements of the obstruction investigation. that alleged conduct took place while trump was president and it most...

We want to get your reaction to what gowdy called a tortured version of executive privilege. bannon said i'll answer some questions but i won't talk about transition, that's off limits. i think he is legally within his rights to do that. do you have a problem with that? >> there is no legal issue here, it's a political issue. when you testifying in front of congress, basically it's congress who determines whether or not you have to answer questions and if they think you're in contempt they can seek to have you held in contempt but a republican-controlled congress won't hold bannon in contempt....

Korea's nuclear threat. the president at the pentagon next hour and marco rubio joins us to talk about that. plus this. >> the president doesn't want a shutdown. if one happens i think you have one place to look, to the democrats who are holding our military and our national security hostage by trying to push through other policies that have nothing to do with the budget. >> sandra: the white house clearly blaming democrats amid the threat of a government shutdown. lawmakers are facing big questions on immigration and military spending. we will talk to louisiana senator john kennedy next. >> t...

-- these deadlines started in september. so we've been doing this since september that we've been kicking the can on this stuff. i think the president, who has never been in washington, never worked in washington before, maybe he wants to try it out. by the way, he has considerable power as president to try to mitigate the effects of a shutdown in terms of ordering the government's obligations and what gets paid first. maybe he wants to try it out. i don't know. >> bill: give it a test drive. thank you, chris stirewalt. nice to see you, there he is dilly dilly. and -- >> sandra: where does tha...