general eric holder who would appoint the special prosecutor isn't exactly going to do it? >> they are going to have to change their tune if they want to main taint public's trust. a year ago tomorrow i called for a special prosecutor. not because i was convinced there was wrongdoing but because when you are talking about the irs. potentially. doing this kind of thing, you have got to take it seriously i didn't trust the trust the white house to do an investigation without coverage up. needs to be done by independent prosecutor to ho can tell us once and for all there was an abuse of power through the irs. >> he obviously expecting sparks tonight because congressman ranking member elijah cummings and chairman darrell issa aren't exactly chummy at these hearings and now chairman issa sent is the subpoena over to the white house. >> i'm curious what you think about that being a lawyer. what are the chances that an attorney can testify without breaching confidentiality. >> depends what she is being called for. called in the role as a lawyer.