what is the privilege against self-incrimination? we have a privilege not to talk to government officials and a variety of circumstances. if they stop you use it i do not want to talk to but according to the supreme court if the police persist as then use a coercive means to get you to talk there is no remedy. year in 20032 years after 9/11 what is the government's position? and we are not so much worried about prosecuting people but concerned about information, data coming information from alleged terrorists. if no one cancer due to putting aside all the problems it is the answer mandible but what the court says is what the government can do is to course of fleet interrogate you, almost a point* of torture and in the case of defense it probably is close to torture notwithstanding international of covenants and a treaties against using torture, you have no remedy. there is no claim you can make in court because there has not been a constitutional violation. i have to say that by the end of the opinion five justices on the court have

senators to articulate this argument rather than relying on the judge to hang herself with self incriminating statements, which i do not think she will do anything of the sort. she will be safe to the point of land. megyn: talk to us about the theater. the entire thing will not be bland. what is al franken going to ask? he has been in the senate for less than two weeks. almost the entire committee is made up of lawyers. what kinds of theatrics should we look for from the democrats? >> conservatives are looking at the prospect of al franken freshening a supreme court nominee as a very unfortunate spectacle -- questioning a supreme court nominee as a very unfortunate spectacle. but i bet that he plays it straight. he will come off as a statesman, not a comedian. you are right, it will be how these guys cream in front of the cameras. we will not be able to rely on her to say anything controversial. charles schumer will do his routine, like the other folks, and it will be a contest to see who is going to get the end of the day sound bite. megyn: this is chairman lehay's first time chairing the co