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Go that far to take contempt. i think their lawyer will have him testify. if they do refuse to comply once the immunity offer is granted, well, sean, i think that ratchets this up even higher. >> this rarely happens. i can there is a lot of excitement here because the last time this happened was in 2007. >> well, 33,000 e-mail were wiped out by the secretary of state. that's what rarely happens. >> no. what rarely happens is the immunity order that is entered. the last time that happened was in 2007 when there was a department of justice investigation. so this isn't something that happens ever...

Criminal proceeding. >> he hasn't been offer immunity yet. >> i don't think they'll have to go that far. if they do refuse to comply once the immunity offer is granted, that ratchets this higher. >> this rarely happens. i think there is a the love excitement here. the last time this happened was in 2007. >> 33,000 e-mails were wiped out by the secretary of state. that's what rarely happens. >> no. what rarely happens is the immunity order. so there isn't something that happens every day. >> it happens all the time. >> you want to do a witch hunt of hillary clinton. >> you really think it is a ...

Yesterday. you answered the question. eric holder is not going to do it. you have an interesting take on a couple of things. first of all, should she be given immunity to spill the beans? >> the interesting thing about immunity, she can be given immunity against her will. the whole house of representatives votes she can never be prosecuted. the federal judge agrees, and signs the immunity order and it says thousand shalt testify. if she violates that order, the federal judge will incarcerate her for it, don't need the doj. >> we need her to talk. >> i hope congressman issa is listening. we nee...

Perjury, and that appears to be what one of these folks has done. >> can you do that indefinitely? and can you keep just calling in sick? >> sick is sick. if the person is actually sick, they can't be forced to testify. certainly the panel can say, we want to get proof you're sick, you're not just dodging us. in terms of taking the fifth. looking ahead to the backside of the investigation to when the grand jury, criminal investigation starts. the government can get an immunity order. can say, have you immunity, you have to testify, you don't have the fifth amendment right any more. but then th...

Or starting up as well, it's really criminal defense law 101 to advise the senior figures, take the fifth, don't give them a chance to charge you with perjury, and that appears to be what one of these folks has done. >> can you do that indefinitely? and can you keep just calling in sick? >> sick is sick. if the person is actually sick, they can't be forced to testify. certainly the panel can say, we want to get proof you're sick, you're not just dodging us. in terms of taking the fifth. looking ahead to the backside of the investigation to when the grand jury, criminal investigation starts. th...