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Starr. thank you for coming on the beat about this. >> thanks for having me. >> did you know in the leadup to that that president clinton would ultimately testify voluntarily after getting the subpoena? or was in athat a genuine quest in your office as it may be in mueller's tonight where you thought you would have to litigate it out. >> once we decided to issue the subpoena we didn't really have any doubt that he was going to testify in some format. and we had the authority of u.s. versus nixon we felt behind us. we also thought politically he wouldn't be able to do it. but there is an import...

Executive privilege. one summed it up, who do you want on your side if mueller decides to subpoena the president? you want your wartime consignaturely airy. emmitt is a quintessential wartime consignaturely airy. look. here he was in an interview just this morning, his last interview about this change. >> it's certainly not off the table. and people are working hard to make decisions and work toward an interview. and assuming that can be concluded favorably, there will be an interview. >> trump loyalists are increasingly arguing the opposite. they are saying there isn't a way from donald trump...

Bill to protect mueller's investigation but mitch mcconnell and paul ryan are now against it. joining me former democratic senator from wisconsin russ feingold. you know paul ryan. he is leaving congress. wouldn't this be the time to step up? >> it's time for everybody to step up. when trump was elected, the expression watergate was sort of a drip, drip, drip confident allegations. it was already a right there moderate rain and in the last 18 months is, it's become an incredible downpour. we are at a situation now where the pace is quickening. and where this is going to come to a conclusion. i...

Bob mueller does not have that authorization. so there is a real potential legal argument the trump people can make saying this isn't a justicible issue because mueller does not have the right -- it is an intraranch dispute. mueller does not have the right to question my implication of executive privilege. >> you says justice shl and intrabranch. you know you are getting me excited. >> [ laughter ] >> this is something we were discussing at the very top of our show tonight. and you are putting your finger on it, which is does u.s. v nixon stand for the proposition that no president is above th...

A middle ground? let's have some consensus here? it is a to the going to happen. he's going to fight this every step of the kay way. i think this thing is -- >> you sir -- guy, you are sort of making legal news or news for nerds because you know a lot of the law here and you know a of the will of the people. as i mentioned, including mueller. you are predicting tonight based on what happened today, that this fight over donald trump testifying is going to go all the way to the supreme court? >> i do. and again, you -- a good point. look at mueller's background. mueller is a former marine. he is...