is instructed, it s his duty, the law says, to convene a grand jury to decide whether to prosecute. couple things about that. number one, the justice department has long taken the position under both democratic and republican administrations that congress can t tell the u.s. attorney what to do. so that s unresolved in court. secondly, justice departments most recently in the bush administration, both republicans and democrats again have further taken the position when there s an executive privilege claim, the u.s. attorney absolutely cannot do anything. all these questions are unresolved in court and in fact, in past cases, most recently the battle over harriet myers and the firings of the u.s. attorneys under the bush administration, the judge said you know, i m begging you guys to work this out and not come to court. so who knows what the end game here is. what you have right now is darrell issa, chairman of this committee, saying give us the documents and if they satisfy us, we won