listen the cases even before the cavoli and in the liquor vole case in 1961 case that nicholas says he was following the defendant was permitted to testify as to his reasons at the government's behest. this department of justice he has bannon was barred from testifying. costello was barred from testifying about what happened and what their reasons were. and the jury was told they may not consider the reasons remember, castello got the subpoena, not bannon costello as the experienced lawyer told bannon, executive privilege has been invoked, you may not comply, period. it would be against the law. it's not your privilege. but he told the committee, if you take them before a court and the court says privilege doesn't apply or it's not this broad, he will comply fully. they decided not to do that. they went on the air posturing and so on. they're going to pursue this criminally. and that's what they chose to do. we impose criminal liability yeah. >> i agree. excuse me. what is the argument you would make to the court of appeal to the supreme court that you think would allow your client not to serve those four months in jail