. >> they modesta they just overlook this in the nixon case quick. >> maybe not. again the president in the other cases every president will have to make his own determination of when to invoke as president nixon chose to not to invoke it the president has in other cases like in fitzgerald. so there was a trial subpoena and there is even a more pressing need for the president to disclose communications because there were six amendment rights that has been overlooked in the briefing that the rights of the defendants were at stake as well. >> not just as a special prosecutor but the subpoena but it was a special prosecutor subpoena not the defendant. >> i just mean in the opinions and as quoted it was that there are both parties with testimony before the trial but even if the court thinks nixon goes back all four and this is your original question about the department of justice, add a minimum it has to meet the nixon standards and it is difficult to see i have not seen one page that has been redacted is difficult to see how a subpoena asking for a decade's worth of