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Voyeur into the bedroom when he was commissioned to look into whitewater and what we're seeing now -- i wrote an article about that, in monica 2.0. >> janet reno adopted -- >> as someone who lived through that -- >> you believe the only republican arguing that -- >> it is just as wrong. it is even more wrong because at least ken star had legal standing. he was a truly independent counsel and could not be fired. he was commissioned by law. >> and this complicates. >> and that is morally dubious because this is coming from the executive branch. this is less constitutionally proper. >> and talkin...

Privately. that is to say, if cohen was operating as an in-house counsel for the trump organization, and it's hard to figure out what exactly he was. sometimes he's called personal attorney. sometimes he's on the trump letterhead. if he's an in-house counsel, and he's providing business advice, that's not privileged. if he's providing legal advice which is intended to be privileged, then that's privileged. so it might be that he's not actually being -- you know, the evidence being taken from him is not exactly client-attorney privilege communications. plus, a lot of this evidence will be segre...

Privilege log that raises more questions than answers. last month, the senate committee issued a subpoena for some sin to testify publicly and at the same time, they found simpson at the aspen security conference and his lawyer reportedly said he was on vacation and traveling through early august. there is a full transcript of simpson's testimony with the report claiming it lasted ten hours. the transcript is not public and we are working to confirm whether other committees will get access to it. >> eric: would we know more about congressional investigators have to say? this term privilege law...

Problematic. as lisa mentioned, if it's communications or work product of the lawyers then arguably the presumption is it doesn't come in. then it depends on how did a third party get it? did he share it? did the cops come in and seize it? if the cops seized it, it probably won't come in and they'll have what's called a special master proceeding. they'll have somebody independent, go through, take a look at this stuff and they'll have to come up with what's called a privilege log and list the things and why it's attorney/client or work product. >> so it's up to the judge to determine what you ...

The justice department. what is it you would like to get still that's within legal reach? >> well, what mr. issa is trying to find and i don't know what the specifics are on this, to try to get anything after february 4th, any internal documents of the justice department. one of the things that happens when there's a dispute on whether a document is or isn't discoverable. if the attorney general's office wants to not turn it over, they create what's called a privilege log and you investigate that. i've encouraged both sides that that's something that should be done in order for us to come to a...