it to that next level. >> correct. neil: they are afraid -- >> that's a significant issue dings is that a distinction is with a difference that really matters, hard to say. it's a clever move by chairman nadler, but the question is -- neil: what would be the value in doing that and use the example during water gate. the key language from the law, which is federal rule of criminal procedure 6 e says as follows: preliminarily to, or in connection with a judicial proceeding and the court 45 years ago in the dc circuit said an impeachment proceeding because it ultimately would lead to a trial of the president in this instance, in the senate, is close enough to a judicial pro proceeding that will allow it to go forward but the second important difference from the decision 45 years ago was in that case the d.c. circuit also said that the justice department joined in the application and any concerns that the court had about separation of powers were