on the other foot test. if you are good to be a serious academic pic, you always have to pass the shoe on the other foot test. you have to say the same thing you'd be saying if the political dimensions were shifted. if it was a democrat being impeached by the republicans. unless you are can pass that test you are not legit. levin: since the house of representatives has denied this president but past presidents who have faced in hageman's have had basic fundamental fairness and with witnesses, transparencies, and not secret testimony in the dungeon or wherever taking place. would it be your argument that he has a case now? >> i think will be a mistake to bring the case now. i think he would have a better shot of getting judicial review if he waited and established a better record and found a clearer violation. right now we don't even have an impeachment. if the impeachment goes forward without any of the four