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That these recordings, since no one knows what they are, is something that will be in the hands of the fbi. and that's really going to be the focus of this court hearing today. >> all right, kara, thank you very much. terrific information there. let's try to understand it some more. joining me is kendall coffey, thank you for being with us. on the subject of the tapes, a couple of questions. if they exist, number one, wow. and number two, a guarantee they would be admissible or useable in an investigation? >> well, it's a double wow in terms of the existence of tapes. and with cohen's reputati...

To put some restrictions or some system to have the materials reviewed and have judicial determinations made about privilege issue rather than let the fbi look at everything. of course there's a separate team that's supposed to be separate from the team going through these documents. but most of those in michael cohen's position are not only extremely worried, but they don't trust the idea that a taint team is going to make an accurate determination about attorney/client privilege issues. >> michael avenatti and stormy daniels, there's a deadline for some filings on that. is it likely that the...

Is he'll have a lot less success in front of bob mueller than he'll have had on the hill. >> tough question now. suppose steve bannon wants to tell the truth and the white house reaches outs to him and says you can't. what's to stop hip? what penalty would he face if he decided to tell it all? regardless of what the white house lawyers say about executive privilege. >> he won't face any penalty whatsoever in front of the grand jury. he can go in, he can testify, the rules of evidence have very limited application there. if they were still on the hill, the white house could perhaps go to court,...

Invoking something more broad. there's attorney/client, spousal, priest, but no father/son. >> if two people talking in front of a priest you can't claim -- >> no lot of times people plant a lawyer to give aura of privilege issue. parties and investigators have to work that out. but simply a person with law degree sitting at table while two other people have a conversation -- mobsters used to do it all the time. not saying they're mobsters. but cc a lawyer or bring them to sit at meeting, that by itself does not shield. >> what can house investigators or robert mueller could to

And sometimes it's the case if there's a joint defense agreement between and among multiple people, for example, at a company, there is a privileged conversation between the lawyer and those other nonlawyers in connection with the provision of advice, i guess that's possible, but my understanding is he is invoking something far more broad than that. there there's no such thing as a father-son privilege. >> if two people are talking just in front of a priest, you can't claim -- >> no. there have been cases, litigated for a long time, because sometimes people, in order to shield their conversati...