former president has ever asserted separation of powers, that these kinds of arguments are being made, none has ever taken on a current president on the assertion of executive privilege. the courts can reject it, and they should, because they're not good arguments. >> right, but i'm not talking about the conclusion. i'm talking about the timing. it seems just by doing this, hasn't he bought himself and his main guys who are subpoenaed until after the holidays at a minimum? >> not necessarily. what's going to happen now is, when i checked the docket, it was not in the docket. if he wants this to move quickly, he's going to have to seek a temporary restraining order or a preliminary injunction. he's going to have to ask the court to make a fast decision. he's going to bear a heavy burden in doing that, chris. he's going to have to show a strong likelihood of success on the merits.