lucky at some point. what's different is the judge made a 41-page ruling yesterday, with as pretty definitive. effo say there is no basis for this and root it had in american history from james buick then to -- >> yeah, did he. >> he said, look, you don't have a case here, folks. we will see if some other judge comes to a different conclusion but he was pretty definitive. >> you don't get an appeal just because you don't like the outcome of a ruling. the appeals court is going to have to find some kind of question that they would take up which they may not. >> this is from the judge here, who the president would like to point out is an obama appointee. it is not fathomable that a constitution that grants the congress mile an hour to remove a president for reasons including criminal behavior would deny congress the power to investigate him for unlawful conduct. past or present. even without formally opening an impeachment inquiry. >> not fathomable doesn't give you a i lot of room to run.