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What mueller is finding. there are very relevant questions for the judiciary committee to ask of this acting attorney general, and the fact that he's saying i won't show up if you threaten me with the subpoena, i mean, it's kind of a heads i win, tails you lose scenario. basically he's saying, i may not show up and if you force me to show up, then i'm definitely not showing up. i agree the subpoena threat only gets you so far because you can really subpoena a person and you can subpoena documents, you can't subpoena answers. so if he tries to invoke executive privilege, then it's going to be b...

Executive privilege to. they would push him -- and this presumably is what he was practicing doing, pushing him a little farther down the line before he asserted. one more thing about executive privilege, it's a general balancing test and might be a harder battle for congress to win than for the special counsel. the nixon case suggests if mueller is iep the mueller is interested in talking to whitaker and asserts executive privilege, mueller should win. >> don mcgahn, whose name is invoked this hour, spent 30 hours with robert mueller. it seems like the debate of executive privilege has been a...

>> are you saying now you expect to declare -- >> i don't want to say. you'll here the state of union and see what happens right after the state of the union. okay. >> joining me is democratic congressman ted lu who serves on the foreign relations and judiciary committees of the united states house. good morning. >> good morning. >> let's talk about this negotiation that's happening. the sense i have and you can correct me if i'm wrong, is that house and senate leadership in the two parties are pretty much negotiating over funding for the government without really donald trump having any invol...

From california, ted lu. good to have you. are you, therefore, going to fly home soon? what are you hearing about how the shutdown will affect constituents in your home state? >> reporter: let me remind you what donald trump said last week. he said i will take the mantle. i don't think it is right for the republican controlled senate and republican controlled house to adjourn until december 27th. i think they should make us be here so we can work out a deal to fund government again. >> so what are you hearing from your home state of california about how the shutdown may or may not be affecting...

Base. so he condescends to them assuming they're as ig mornoran he is. you're telling me mr. erdogan it's a complicated situation that we've been support it, well, screw it, i'm out of there. that's the way trump the presidency, trump the man, works. >> thank you both for your perspectives. good to have them. up next, we'll talk to california congressman ted lu, who is holding the president accountable for the partial shutdown of the government. tabl shutdown of the government - [narrator] the typical vacuum head has its limitations,