one of the lawyers who helped draw up the regulations in 2000 has been tweeting about this tonight saying it is also possible the special counsel could go to the deputy attorney general in this case and ask for an exception and say i've got the goods here, i'd like into diet, will you give me the approval? and if the deputy a.g. says no then they can go to congress. >> let me go to lawyer pp a source tells gloria borger this deals with the subpoena issue, the trump teams believes that to justify an interview it has tonight president's crime, not somebody else's crime. are they setting in motion a way for trump tove aide an interview with mueller, do you think? >> they are. but it's not an effective strategy. indictments and subpoenas are two very separate notions. simply because there may be a case you could not indict a sitting president, which frankly there's a lot of controversy and disagreement about whether that's in fact true. but if you really cannot indict a sitting president, that has nothing to do with whether you