said on meet the press, at the advice of the justice department is not going to show to testify tomorrow. >> if don mcgann doesn't testify it is time to open and impeachment inquiry. shannon: doesn't happen? >> democrats of tried to stay away from impeaching the president for months. the report has been out for weeks. it would surprise me if the one thing that moves them is on again not testifying based on executive privilege claim by the administration. >> we have this from the chairman of the judiciary committee saying basically i see the opinion from the justice department, i don't buy it, don't think it will hold up in a court of law and also says he doesn't think the president actually exerted executive privilege in this letter. all the back and forth with mcgann's attorney in the white house counsel, he says essentially you better show up tomorrow. i have every tool at my disposal when we use it against you. any chance he says okay, i will be there? >> it will raise the stakes and if he doesn't show up i think it