BERMAN: 72 hours from now, the fired FBI director, James Comey, is set to testify in front of the Senate Intelligence Committee. That happens if the Trump White House doesn't try to block him from doing so. Still no definitive answer from Kellyanne Conway over whether the president will try to invoke the executive privilege. Listen to this.</s>KELLYANNE CONWAY, COUNSELOR TO THE PRESIDENT: The president will make that final decision, but if Mr. Comey does testify, we'll be watching with everyone else.</s>BERMAN: The president will make that final decision, if James Comey testifies. Joining me now is Democratic Congressman Jerry Nadler of New York. Congressman, thank you so much for being with us. You, among others, have written a letter to White House Counsel Don McGahn saying don't even think about executive privilege. Why not?</s>REP. JERRY NADLER (D), NEW YORK: Well, we wrote for two reasons, but there are really three reasons. We wrote, number one, because the president for all practical purposes has waived his executive privilege by talking about the subject matter under discussion incessantly, number one.
WH: "If" Comey Testifies, We'll be Watching.