not to convict him, that the courts have no role in this. and you know, we should note that this is sort of a different flavor of an argument that they've been making from the beginning, which is this is not something the court should get involved in. this is a fight between congress and the white house. big question as you pointed out, very important, can the president just say there are people close to him who essentially have no -- they have no responsibility to show up in congress to answer a subpoena, that they have absolute immunity. that's the question a judge has decided is not so. they say that the judge in washington ruled that the -- mcghan, the former white house counsel, does have to show up to provide some testimony -- at least in answer to the subpoena. a part of what the justice department in this brief said overnight, said indeed if this court now were to resolve the merits question in this case, it would appear to be weighing in on a contested issue in any impeachment trial. that would be of questionable