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Get access to stuff that we didn't get. they have a hammer of sorts to compel testimony that congress doesn't have. and in a criminal grand jury investigation, if there is a privilege assertion or rejection to a subpoena, that is immediately litigated by the chief judge of the district in which the grand jury sets. then it goes immediately on a motion to stay the district court order to the court of appeals. we didn't have the ability to move quickly through privilege assertions and adjudication's. we had to go through a civil process. which lawyers representing witnesses knew would take too l...

Compelling, beyond what we found. he is going to have access to new information, beyond privilege assertion or people that refuse to come in to the select committee are going to have to now go in front of the grand jury i think all of that is going to make an even stronger case than the one on which we based our criminal referrals accountability in this country has to matter. the law applies the same whether you're an accused drug seller on the streets of new york city or the former president of the united states, the same rules apply. and that principle i think is going to guide the attorney ...

Any privilege assertion, it's a qualified privilege. the protection of private communications are weighed against the compelling need for the information. congressional oversight is a compelling need, but it isn't as compelling as a grand jury investigation. if there's criminal culpability, that that overcomes privilege assertion. there's a stronger predicate in the balance of account witties that a judge does in a qualified privilege inquiry. there's a procedural benefit that the special counsel has that we didn't have. if there's a privilege, that immediately goes to the chief judge for adju...

Privilege. we had to go through a civil process, pleadings, weeks and weeks and witnesses knew they could weigh this out. we were on a clock. so they could make a really clearly baseless privilege assertion and we weren't able to get a judge fast enough to rule on it in time before we finished our work. jack smith is not burdened by that procedural handicap and can get rulings quickly. i don't know anything, but he's already gotten such rulings with respect to cipollone and they may have provided testimony about those direct communications where they asserted privilege. >> i just want to ask y...

My guess is, nicolle, that the special counsel will also ask her about the president's statements before january 6th about the election. he was told repeatedly, even acknowledged, perhaps to her or others, that he lost, which makes the intent to disrupt the joint session by continuing to lie about the election a stronger case. so special counsel will be ask asking about a whole series of events that give a window into the president's and other close enablers or co-conspirators into the collective state of mind to prevent the transfer of power. >> once she's testified before congress, do you an...