neil: michael, thank you for that, very much. mike emanuels a long way from being over. katie cher kaskey, former federal prosecutor, constitutional law attorney. we're always talking remotely. great to see you. where does this go, katie? what is your best bet, first on this idea of some sort of master third party observer looking at everything, what do you think? >> well that doj's filing really tells us what i think we already knew, this is a document dispute but they kind of brush over how significant that is, but because president trump did have declassification authority that is something that really will be litigated all the way up through the supreme court. neil: really? >> in terms of actually moving forward with any sort of indictment if that is what they're looking to do, if there was suspicion they were looking to get back the documents but i think the filing last night shows they're really interested pursuing this criminally. neil: that is tough one, isn't it? you have to prove, they have been hinting that he might have obstructed