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Investigation like don mcgahn, i don't think this game works. you've got to get people on camera in front of the congress. >> interesting. so laura, is the white house even making an executive privilege claim and would that hold up? >> no, it doesn't appear they are, don. just continuing to say no, we're telling you not to do this. and it's our prerogative, and we're instructing you. because the thought is perhaps some of the material may be content the president of the united states could assert privilege over. the problem with that, don, is he has not drone so in all kba s capacities. so you...

The judge seemingly suggested that he could have given it to her on a piece of paper, perhaps she would have not read it in open court. she may have reviewed it in camera. at some point the lawyer decided to just blurt out in open court that it was sean hannity. >> by the way, we don't know if sean hannity is really a client. >> yeah. >> since sean hannity say i never gave him any money. i never gave michael cohen any money, never retained his legal services. occasionally i would run a couple legal issues off him, bounce ideas off him. is he a client or not? is he protected by attorney/client ...

What happened here, alice. patti ann: legal perspective, we have jordan, with us. some people say there is a challenge whether or not it was proper for the president to invoke the privilege under these circumstances. how so? >> there is one important part. the bush loves to talk about bush's sus of executive privileges clinton 14. courts don't care. they look separately. all these numbers meaningless in the point of law. just a you at thatting point. doesn't matter. there are two kinds of executive privilege. one is presidential communication privilege. that if you're talking to the president....

What parts to assert that privilege over. 30 hours is an enormous amount of time for him to have interviewed and they don't have any idea what he said. the idea that dowd could have been quote debriefed from a 30 hour interview is preposterous, they don't know what he said. they could try to assert something and maybe there's some control over exactly how much detail is given in the report that that's possible. they are on shaky ground now after the fact trying to reassert the privilege they already waived. >> what does it tell you -- and let me redo the reporting from the times, mr. mcgahn an...