without putting it behind him. the further problem is legal. that's if you force mueller to issue the subpoena, you litigate the subpoena and you lose, then all of your negotiating leverage disappears. the reason is president has negotiating leverage right now is that he can threaten as his lawyers are doing, to refuse to appear for an interview and to litigate against and fight a subpoena. the moment you litigate and fight against the subpoena and the courts rule against you, you lose the ability to make that threat. >> okay. let's move now to the president's upcoming supreme court justice announcement on monday night. if he's going by the gorsuch model, what does that tell you about the person he eventually picks. is that more about the vetting process and roll out? we know at least one of the candidates was also an anthony kennedy clerk as was gorsuch.