elizabeth: remember we talked about this amicus brief from reagan's former a.g., ed meese, and constitutionalolars that special counsel jack smith's office should not exist at all, it doesn't have standing because it's unconstitutional. congress never passed a law authorizing this office in the first place, and jack smith was never confirmed by the senate. is that a going to get taken up? if. >> i don't think it's going to get taken up right now. the court of appeals mention this argument. they said, look, we recognize that this argument was made to us by, as you note, an am a cuts. that means not one of the party, but a friend of the court who weighed in with this point of view. and the d.c. circuit said, look, we see this argument's being made, but it's not really right, no one's briefed it, we're not focused on it, we're not going to decide it. so i don't think it's likely to get a decision by the supreme court in the near future, but the issue remains very much in play. and i would expect it will be reengaged in and -- if and when this goes back to the trial court, and who knows, we could