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Mueller does not have that. and more than anything else, mueller does not have the right to even litigate executive privilege. the first thing president trump is going to say, i'm your boss. you can't be in court. the reason mueller put up with these is he probably can't win if he goes to court. >> we have one of the top partners at williams and conley who's running this side. brilliant guy. they've already gamed this out, correct? this is probably already briefed. >> they had gamed it out a long time ago. that was the firm that represented bill clinton in his efforts to try to prevent testimo...

Existed and there were potential conversations on those tapes. mueller does not have that. and more than anything else, mueller does not have the right to litigate executive privilege. the first thing president trump is going to say is i'm your boss, you can't be in court. the reason mueller has put up with these ridiculous preconditions is he can't win if he goes to court. >> laura: and they have gamed this out. you have emmett flood who is running this side of the legal prep inside the white house. he clerked for justice scalia and was my co counsel. they have gamed this out. this is already...

Questions collusion, show proof that trump committed a crime, b show testimonies needed to end a probe, and curtail obstruction questions. so that's the one that kind of was fleshed out a little bit more tonight in giuliani's comments, that last bullet point. sol, you're reaction to these latest developments? do you agree with what dershowitz? >> no prosecutor is going to accept those kinds of preconditions. but there's a reason -- and i do agree with, and have long agreed with professor dershowitz's assertion that the president shouldn't go in and answer these questions. it's far too dangerou...

Certainly president trump has to accept that subpoena. you can subpoena a president. but then when president trump invokes executive privilege, under the law, the current law in the d.c. circuit, it is going to be very difficult and time-consuming for bob mueller to ask the questions he wants to ask, particularly about obstructions and there is absolutely no guarantee that he will win. you're talking about the heart of executive privilege here, presidential communications and presidential thought processes. and mueller would have to show that it's very, very important evidence and that he can'...

Joining us, dershowitz and wisenberg. we'll also get into the can cantank cantankerous -- he seems to leave a possibility of a very narrow set of questions on obstruction. alan, i'll go to you first. what might be the wisdom in that? >>i think giuliani's tactic is to be able to say to the public, look, our president was willing to speak and mueller turned him down. i think he's mueller an offer that mueller can't really accept. he's putting forth a kind of narrow window. if mueller accepts it, then game on and we'll see some narrow questioning.