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and then say, i don't have to respond to the subpoena. i don't have to show up and take the fifth or not take the fifth, i don't have to do anything because i'm the president. see whether that argument works. at a minimum, it delays the process, until if he is compelled, he would have to decide whether to take the fifth, but it pushes it out quite a bit. >> we have precedent here. you don't need to go back to thomas jefferson. you got bill clinton. and they keep mentioning him for a lot of different reason, some more for the court of public opinion than the court of law. but if they get presented with a subpoena, the president is not above a subpoena. >> so here's my view. i think that at the end of the day the president will lose that court battle, but he won't lose it tomorrow. it will take months, maybe a year to delay the action. >> maybe a year? >> push it past the mid terms, hope the republicans can keep congress, keep this issue at bay. once you take the fifth, it's generally thought for politicians -- >> frowned upon. >> -- it's not a good idea to take the fifth for the reasons that candidate trump said earlier.

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