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Protective and trust that these are not in violation of campaign laws. neither of those are very persuasive. >> the whole act of complying, pleading the fifth, et cetera. doesn't the president just by virtue of being the president, simply not have to cooperate by testifying or responding to a subpoena. >> i think we have to distinguish, fredricka, between the political and the legal here. i think giuliani is having a hard time distinguishing between that. so legally there are arguments that be be made with regard executive privilege, and certainly one can ultimately raise arguments about the f...

Fits. what else is going on is don mcgahn, the white house counsel wanted him out and spearheaded this effort. he thought that ty cobb gave up too much to the special counsel and working with his lawyer, who's good friends with emmett flood, they worked to recruit flood the last year. mcgahn and flood see things the same way. they think the executive power, the privilege issue should be exerted more and more should be kept away and there should be a more adversarial approach to the investigation. >> michael, can i ask you if if you have any clarity on whether or not the president's new legal t...

This morning, right up until two hours before you posted your story, where he never mentioned it, never came up, gave no indication he was on his way out. do you have any clearer sense if he jumped or if he was pushed? >> well, there's two things about this. one is that ty cobb is a veteran washington lawyer. he's been around for a long time and he is close to retirement. you know, he likes to spend time down in south carolina, and that all sort of fits. but what else was going on is that don mccann, the white house cown semi, really wanted him out and really spearheaded this effort. he though...

Jones as a special master? michael avenatti said it was the right move. what will she be doing? >> i totally agree that was the right move. you have a situation here where the appearance of fairness is extremely important, given the public scrutiny in this case. what judge jones will be tasked in doing is vetting the privilege issue. as a neutral arbiter of that issue, so that it's clear to the public and to everyone that no sides are being picked, no one's being favored. there will be no filtered team staff by government lawyers and agents. and on the other side the defense isn't going to get...

Crime fraud to be able to look at the documents. typically, john, those are done by subpoena. the standard way is for the department of justice to subpoena documents, and then if somebody has a privilege issue to come in to the judge and make a motion to quash saying they can't do this, and they will argue crime fraud deception. there will be a sealed hearing. the judge will look at stuff in camera, which means secretly, and a decision will be made. here what complicates it immensely and makes me wonder why the search was necessary, is they're already in there looking at the documents. i find ...