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prosecutor and the defense. and i thank again, because of my confidence in institution arguments, you want to make the argument that the special counsel is unconstitutional. make the argument, but don't allow everybody come in. what do you say? what do you say? everybody else say? i think they'll make it and some of the arguments you know, maybe they'll carry muster should they have been a special offers created, should it have gone through congress, should there have been senate confirmation, right? those are things that perhaps we should here. i don't know that they carry the de. i think merrick garland certainly has the authority to appoint a special case counsel, but that's my view. harb you may be different and he said this week he has no regrets about appointing him as the special counsel. >> would you allow third parties to come in? >> absolutely not. these third parties have filed an amicus brief on this issue in the us supreme court. i read the brief today. >> so they've already written this out. >> they know their arguments. and if that issue takes off, it's going to get to the supreme court. they raised it in the immunity argument when they asked for a stay and they said this is so serious, it's a ground for granting the stay and it stayed, judge chutkan's case so isn't nothing