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>> also, just trying to pull an executive privilege here, we already saw jeffrey rosen, right, actually testified before the senate judiciary committee, already spoke to them. so if executive privilege wasn't used in that moment, but now trump is saying i want to try using this again, does that come into play as sort of an example or no? >> well, again, it is the sitting administration that can assert it. so the biden administration or the biden justice department has said we think this is a compelling issue for congress to investigate, we're going to work with them and we think this was a per...

And i'll just add, i think some people said is this obstruction of congress, i don't think so because he's claim -- i think because there is a litigation strategy here, i think it would be hard to say that this is obstruction of justice in some criminal sense or prove it in that way. >> bigger question, we're nine months out from january 6th and all the evidence of the weeks of efforts to overturn an election, by president and many allies and trying to use the justice department, et cetera, in one has been charged with anything, nine months in. 500 people charged or more with assaulting the ca...

On facebook, that's a judgment their customers have to make and there's a way to prevent them from having your data and that's not to share it with them. i think the push-back will go back and forth but i think congress should stay out of it. if customers have a problem with facebook they can quit or if they breached their contract they can sue facebook. >> bill: that's very interesting. why do you think congress has jumped on this as quickly as they did? >> congress always tries to get in the middle of stuff but most the time is unseamly. it becomes a kangaroo court. as far as russia it's all...

Platforms how it can be used and abused. i think it's important we come in and sort that out. >> sandra: an editor for the washington times is on with us and fox news contributor charlie hurt. thank you for joining us. it's got parties wanting answers and wanting to know what facebook knew, when they knew it. should mark zuckerberg testify? >> i think he will whether he wants to or not. you're right, it's an interesting issue. it's one i think is amazing congress is only now getting concerned about. i remember in 2004 covering the howard dean campaign which was one of the first presidential

One, from the u.n. there was a comment saying whoa, i didn't realize what i stirred up and tried it clear it up with another tweet. people on the out side are trying to figure out out. >> in the deep state there are facts that tells you there's an uncontrollable deep state in the intelligence community. only eight people are allowed to know what's going on and the eight people that oversee them have typically been a rubber stamp for the intelligence community. i want more oversight. i think all of congress should know more about what the intelligence community is doing and absolutely we should...