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In calling on the saudi government to release his body to his family or identify where they've put the body parts so his loved ones might give him if not a timely burial at least a burial? >> look, it's a horrific thing that happened. and what we've done is we've called for full transparency. we're working on an investigation to get to the bottom of what happened. >> should they return the body? >> once we have all the facts then we'll make policy determinations. but that will be up to the secretary of state to kind of push on our policy and we'll doefrg we can to try to bring transparency sxk...

Or not, if they ask for the deliberations between the attorney general and the president. if they are asking who, what, when, where fact type questions, the attorney general will have no choice but to answer them. but if they are asking what was the deliberative process between you and the president, we may find that the president is told sessions to assert the president's right to assert executive privilege. >> let me ask you a simple question. define executive privilege. just because he's talking to the president of the united states and anything in that realm equals executive privilege. how...

And important matter. the system is not going to work if everybody decides whenever i have a discussion with the president i'm going to make sure i go right to the times or the post or journal or whatever. that's what this says. this says that it's fine to go public with most private discussions with the president of the united states. and that just seems to me to be a recipe for disaster. >> so i guess i disagree a little bit with that as a legal proposition. i have no political interest in outcomes here. mine just a legal analysis. and if the president believes that nature of the conversatio...

>> well, it did it in a section called reviewability. to the extent that what washington said, judge paez, was mandel can't govern broad policy determinations. even plaintiffs don't try to defend that reasoning. i don't think this court should overread it. under that standard i'm glad to hear counsel say we wouldn't be up here if it weren't just the campaign statements. those are not statements in an official capacity and don't tell you what the official objective is. people say things on a campaign trail and take an oath to uphold the constitution, form an administration and consult with them...

Specific visa denial. and that's not what we have here at all. >> no. but, of course, judge paez, they applied it equally -- >> that's correct. >> broad policy determinations by the executive. i don't think the supreme court or any of the courts of appeals has ever tried to limit the mandel test to just a discretionary denial of visa by a counselor officer. and for the reason some members gave at the rehearing stage it wouldn't make much sense to say that a singular counselor officer get morse deference than the president of the united states in an executive order. >> in the context of this ca...