but i don t think they re going to see it that way. actually, the process itself shows that it s working its way properly through the system. there s basically a disagreement within the executive branch right now where the current executive, the president, says this should go forward. congress wants it, a former executive says no. it s the kind of thing courts should determine. you said that s why the supreme court would take it up. is there any scenario where the supreme court does not? i think that s unlikely. they don t have they re not required to take up cases. it s discretionary on their part. it s theoretically possible. that would be quite a slap in the face to the trump team. it would be quite a statement. it would be. and it is possible. i think it depends on how well reasoned and how arctic lated the reasons are put forth by the d.c. circuit if they rule against him. but the supreme court has discretionary jurisdiction. they don t have to take it.
from maybe talking about sensitive things, things that could, i guess, harm something in negotiations if it were to get out. there s any number of reasons to use executive privilege. this is already considerably in the past. it s over. it s done with. what would there be to shield with the exception of donald trump getting into trouble, potentially, or doing something that was rather unsavory? i mean, there s nothing to shield the country from at this point, is there? so, why invoke executive privilege? well, sometimes there are communications between the executive and his advisors that should be kept confidential. well beyond the presidency. but you seize on a very important point. another thing courts look at is to what degree were these communications actually related to the business of the president and they may conclude that the answer to that is, not too related to the presidency. if it was involved in the
understanding is the original national emergencies act was kind of gutted. they used to have another legislative veto in it and it was taken out. this is a thing courts can look at to say this is the expressed will of the house and the congress to do something, the president doesn t have this law was badly written, they may have the whole thing out. bret: the president s former attorney michael cohen just wrapped up a closed-door session with the senate intelligence committee, he testifies in public tomorrow. he stopped by the microphones briefly come up we ll a listen. i appreciate the opportunity given to me to clear the record and tell the truth and i look forward to tomorrow to being able to in my voice tell the american people my story and i m going to let the american people decide exactly who was telling the truth. bret: we will cover that. republicans are saying this guy lied to congress and now