we had the espy case, the courts tend to shared towards fair progress. does this mean they go running to court and say they have to all come in? >> this wasn't a surprise at all, especially coming from this judge. the white house has indicated of course they're going to appeal and the department of justice will. so this is far from over. the precedent here is really what's important. when you start having white house counsel and people who should have privilege being able to talk to their clients in matters of national security, matters that are important to the executive branch, this is not part of congressional oversight. when you talk about precedent and constitutional law for the past 250 years, while it's not necessarily an absolute privilege, it should be very, very close. i thisnk that's what the department of justice was driving at, the privilege
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