>> there is a rule in the supreme court rules of procedure, rule 11, which allows a case of huge importance to go to the supreme court. >> as a guarantee they hear it? >> it's up to the court but they would almost certainly hear this. >> there is precedent with things like this. executive privilege claims going to the high court under the nixon administration. different in terms of documents, et cetera. could the outcome be different here for president trump? >> if you strictly took the nixon ruling from 1974 and transported it to today, it should be no different. the difference is there were tapes. here we might be talking about other forms of evidence. that's really not a meaningful difference. it was unanimous in the nixon case. the holding was executive privilege is meant to protect national security, military secrets but not as a shield against criminal liability. we have nine different justices on the court now. people change decisions. >> this is an important case. >> two are trump's appointees.