not fall within what's normally an executive privilege area. when you're up to no good and misconduct, that isn't something that's protected by executive privilege. that was established in the nixon era when the court finally said there is such a thing as executive privilege. so i think that's what they're going for, don, and, again, i think it's a delay tactic by the republicans, and this is just going to go on for a long time before we get answers. >> let me follow up on that because you brought it up. you know a lot about executive privilege. i mean if the appeals court -- if the appeals court rules against trump tomorrow, does that undermine all of the former president -- his allies who are claiming that they are covered by executive privilege, john dean? >> no, it would not. in fact, it would be surprising if the court expanded executive privilege to cover former presidents. there has been a very narrow