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>> the challenge is, it is clear in a case like this that nothing is attorney/client privile privilege --ps the question is will the judge defer to the government would normally be the case. the issue of the special master becomes with timing and it tends to take longer and puts a little delay. she has not decided yet. >> she has not decide who the special master is. >> she asked to have four names given from each side. that's an indication that she's considering. t the lawyer will present those names. >> a former judge or someone that's a u.s. attorney but someone that's very respective. ...

Legal advice. those are legitimate attorney-client privilege and can be kept secret. but anything that he did as a businessman, anything he did as a co-conspirator in any potential crimes, those are not protected by attorney-client privile privilege, and i think in this case there are clearly documents that he doesn't want the public to know, that he doesn't want the prosecutors to have because they would show that he's been involved in some criminal conspiracies. >> so this is kind of interesting. >> and that's what's important. >> we have often heard him referred to as a fixer for the presid...

Him for a specific matter. i'm sure that mr. davidson, who was stormy daniels's original lawyer, thought he was dealing with an attorney in this matter and i'm sure that stormy daniels thought that he was the legal representative and in terms of the attorney-client privilege, however, you can't have a privile privilege if you haven't talked to your client about it, if you're engaged in criminal conduct. the privilege does not apply in those cases. so i think there's arguments in both directions. i think it would be hard to say he didn't act as the attorney simply because he didn't appear in co...

Because i was engaging in a crime. so one of the showings prosecutors often make in order to get a search warrant against a lawyer is to say that we need the actual documents. we're going to have an entire separate team of investigators and lawyers and prosecutors who are going to look at those communications to determine whether they are privileged or whether they fall into the crime fraud exception which only a prosecutor can know because they're the only ones that know the evidence so this is preserving the attorney/client privile privilege. >> and peggy noonan, i'm curious what your though...

Where's ben? >> president trump having some fun there with the clemson tigers. coming up from south carolina, they won the big game last year. it's been 35 years since the clemson football team won its first national championship back in 1981. congratulations to clemson. we're going to take a quick break. the big question everyone is asking, will he invoke executive privile privilege? we'll discuss, next. if you've been diagnosed with cancer,