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>> i saw that one, too. >> we had a conversation, not quite as interesting as this, i'll say. we had a conversation where we're talked about some of the issues that you're raising and one of the things he said is why doesn't everybody just waive their privileges, just have everybody testify. >> i don't agree with that. but this is different. >> so why do you -- you'd say you don't agree with it? why do you think in that case you should not just waive your constitutional privileges. >> first of all, you have no privilege to not show your taxes. >> you don't have a requirement that you do show t...

We'll leave that in the 9th circuit. >> just for people at home, jay, you getting to appeal this decision is not a big win because when they appeal out there, does that mean they won? no. but the bigger issue for people at home is why not just turn over the taxes? why not just turn over the taxes? >> well, we're not required to. when the people elected the president to become the president, he had not issued his tax return. it's not required in the constitution. >> so what? >> because the constitution doesn't require it, chris. >> but that doesn't mean the constitution says you shouldn't. go a...

Produced if you're running for president? >> does it say anywhere in the constitution that the president can't be prosecuted? >> the entire structure of the constitution presupposes that. >> one of the most fundamental understandings is no one's above the law and then you guys walk into federal court and say except him? >> no one's above the law but no one is below the law. and you're not required to show your tax returns for your job. the president wasn't required to show his tax returns for his. and what are they looking for in new york? they want to say no one else could get the tax returns...

Practice -- when you are not telling the truth about asking a foreign power to investigate your political opponent -- >> we released the transcript. >> you surrender the deference of that type of confidentiality. >> you never surrender the deference of the united states constitution, my friend. >> it's not the constitution. >> never. >> the constitution doesn't protect that transcript. and by the way, it didn't protect corey lewandowski when the white house said he's got executive privilege. >> hold it. >> he never even worked in the white house, jay. you guys are playing games -- >> you don't...

Certainly not from the constitution. i think you don't have basis and you don't have an application. you're going to lose. what's your argument? >> i think it's exactly in the constitution, the supremacy clause, the whole idea of separation of powers. i this i we'nk we going to win. we're going to win this. here's why. you cannot have a president subject to 5,000 local district courts w-- district attorneys wo have a problem with the president of the united states. i saw the district court's opinion. i think he's wrong and he's going to be reversed. >> they're asking for documents that could b...