yesterday we had a congressman on and he said they are actually considering a civil lawsuit. >> and the thing about a civil suit that we will file in federal court in d.c. and demand that they produce a log of all the documents they're claiming are privileged, as a judge i reviewed things like that in camera and you determine what is privileged and what isn't, and there may not be anything privileged horror, but now they're going to end up having to produce the log that they say a privileged. >> mike: so a judge may go back to 1997 and maybe have some precedence here. check this out relate today 1997 during the clinton administration, the privilege disappears for a president altogether when there's any reasonable to believe government misconduct occurred. >> and i mean, obviously, this is complicated on both sides. republicans and for democrats. republicans don't want to push too hard for executive privilege documents to have to be turned over and revealed because then if there's a republican president at some