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To me that anything they would be legitimately be looking into couldn't be public or they could take a small portion into closed session. >> so james comey's attorney calls the subpoena process an abusive process, a divergence from house rules, and its presumption of transparency. what's the case they have to prove here? as laura said, they're clearly willing to take this to court. >> what's most likely to happen, especially considering the timing of the turnover of the committee, is the clock is going to run out. so you know, they have a subpoena outstanding. david kelly, the lawyer for jim c...

But i know the president, sandra. he probably very much so wants to testify because he wears everything on his sleeve and he doesn't think he did anything wrong. >> bill: what dershowitz said last hour it goes to the supreme court and if it does, the court will rule in favor of some questions and rule out of favor for other questions. so what would be in, anthony, and what would be out? >> well listen, what would clearly be in is whether or not they had the right to speak to the president through the subpoena process. and so i think the conservatives on the court would probably say they don't....

Should have confidence that brett kavanaugh is going to set aside whatever his policy views are, and to say, what does the constitution call for. and the supreme court of the united states spoke unanimously in the paula corbin jones case, brought by president clinton to the effect to the supreme court saying grant me immunity from civil litigation, and the supreme court unanimously said no, and that included two of president clinton's own appointees. that's the law of the land, that no one is above the law. that's the way, i'm confident, judge kavanaugh, if he becomes a justice, would rule. th...

Impeached. so let's go to the subpoena issue. how far can they take a subpoena, if, in fact, they conclude, as the department of justice did, you cannot indict a sitting president? how does the subpoena process work? >> see, i think this goes back to david's point, mark, you know, these guys are not an independent fourth branch of government, right? mueller technically is an inferior executive officer. i don't know on what authority, if the president doesn't want to be subpoenaed, how does the inferior executive officer tell the chief executive, we're going to subpoena you anyway? and i think ...

Impeached. so let's go to the subpoena issue. how far can they take a subpoena, if, in fact, they conclude, as the department of justice did, you cannot indict a sitting president? how does the subpoena process work? >> see, i think this goes back to david's point, mark, you know, these guys are not an independent fourth branch of government, right? mueller technically is an inferior executive officer. i don't know on what authority, if the president doesn't want to be subpoenaed, how does the inferior executive officer tell the chief executive, we're going to subpoena you anyway? and i think ...