and not sent to the senate. there is nothing to it anymore after the supreme court today said they were going to review on an issue when the president challenges the subpoena power of congress. all done, it's over.ss >> sean: i agree, but ken starr, i will ask you because every other president has used the issue of executive privilege. i thought they would lose that hands down, and i think professor dershowitz is right, but when there is a conflict between the executive branch and the legislative branch, and one seeks remedy in the judicial branch, that would be our system of coequal branches of government, actually, they are o there to resolve such conflicts. are they not? >> exactly right. that is precisely what happened, sean, as you know, in the clinton impeachment. there were a number of instances when president clinton through his very able lawyers invoked executive privilege.