mandated to investigate. >> the documents you're going over are not from any of those three. >> they're not from any of those three. but we will in consultation with our attorney and as a committee as a whole deal with the issue of the assertion of fifth amendment constitutional rights. >> now, when the senator says, kendall, they are not a criminal investigative body, does that mean they have no options available to them, they would have to refer to a prosecutor if that is their choosing, and then how do they deal with the fact that state prosecutors are connected to the governor? >> well, i think from the standpoint of the subject of an investigation, whether or not they're facing an investigation that is purely criminal in nature, they still have fifth amendment rights. the question really here is this going to get them anywhere in terms of withholding documents. the fifth protects testimony. it doesn't protect preexisting documents. perhaps you can hold your