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Necessarily embedded in the law, but can you imagine the chaos with all the anonymous things that would be coming in? the intelligence community is different than any other one in congress. it is deemed an urgent concern, then they automatically have to produce this to the intel committee. that was the schism. did this qualify? does this not qualify? i think, having heard the hours of testimony from the director of national intelligence, it was proceeding with caution because of the executive privilege question which had to go to the office of legal counsel. the question that i think republica...

There is he would have to be held accountable by being referred for criminal prosecution by bill barr and we all suspect that is unlikely to happen but to go to your executive privilege question, he does not enjoy executive privilege because he wasn't an adviser to the president, he wasn't a member of the administration there is no court in the land, supreme court or otherwise, who has ever said, you know, if the president has conversations with private citizens and tells them to deliver messages to attorneys general, that somehow there is a magicas that private citizen from ever talking about...

We're talking about breaking news broken by my colleague that the house judiciary committee is getting ready to compel don mcgahn, one of the star witness's testimony. >> get to it. if the house is going to compel don mcgahn they are going to get challenged on a bunch of issues including privilege. that will be litigated. one way, you need as many arguments as you can muster, open an impeachment inquiry. once that's open privilege would give away to a legitimate impeachment inquiry. look, i think it's time for the house to act, to david's point, we have the facts. we have the facts right now. ...

Executive privilege. on the executive privilege question, the white house has argued that when they allowed people like don mcgahn to talk with the special counsel, robert mueller, about their conversations with the president, this was a sharing of information within the executive branch. but it still meant that executive privilege still stood and that if the information was shared outside of the special counsel with congress, the white house would remain in a position to assert or invoke executive privilege. the final key passage is here. this immunity applies to the former white house counse...

Already considerable. again to go back to this executive privilege question, if the white house wants to take a hard line here and -- on executive privilege, they could say that the conversations between james comey and donald trump are covered by executive privilege. those where he said, you know -- where the president supposedly said i want loyalty, go easy on michael flynn. you know, the white house is going to have a real question here about how much they want to exert executive privilege. and if they want to take a hard line, this could be a considerable fight. >> yeah, i mean i could exp...