best thing. >> i agree with that, poppy, in that, yes, they could have used executive privilege as a negotiating tool on the front end. that was probably the would have been a better strategy on hindsight being 20/20. what i also think is important to note that there is still anticipate argument that executive privilege can still be asserted. you are talking the white house, which is part of the executive branch, doj, part of the executive branch. that doesn't get to a grand jury and that doesn't get to congress unless executive privilege is waived. >> the argument is -- this is deep down in the "times" piece that perhaps they could argue retroactively executive privilege here so it would not be included in the mueller report to go to congress. something you agree on, rudy giuliani, you both think he needs to get his story straight. jim, to you. if not a legal asset to the president right now by saying truth is not truth, is it a