, and donald trump deserves every privilege because he is donald trump. to incorporate what we learned tonight, i don't follow, even from judge cannons ruling, what is supposed to happen with this special master as they go through all of these records that donald trump apparently will claim recovered by executive privilege. but will also highly classified. i don't follow from her analysis what she thinks the special master is going to do. say the record is all are all covered by executive privilege. under the supreme court president from the nixon era of the first one, the u.s. be nixon, it doesn't matter. even if for an incumbent president invoking that privilege, it has to give way for the criminal, or the interest in the criminal investigation to pursue potential criminal inquiry. what possible would exist here that would override it in the context of a former president? i have no idea what the special master is supposed to do. >> barbara mcquade, what is annexed epps here? >> while the justice department and the lawyers for donald trump had been direc

sees that donald trump so. the justice department is also asking the court to not allow classified documents to be shared with the special master in the case with donald trump's lawyers. joining our breaking news discussion, right now. our andrew weissmann, former fbi general counsel and former chief of the criminal operation in the district in york and professor practice it and why law school. he's an msnbc analyst. also mohsen, exxon security attorney. >> we knew would we be discussing the appeal. but, now, we have this breaking news from the new york times about herschmann, who now is clearly an important witness in this case. saying he told donald trump, last year, about the legal imperative to return these documents and the legal jeopardy donald trump would face if he did not return these documents. andrew weizmann, your reaction first to this news of eric herschmann and his standing now as a witness in this case. >> lawrence, that is definitely the right thing to start with. of the two stories that we're

them by donald trump. none of that, none of that is mentioned in the trump lawyers filing tonight, which insults the court with the lie. those lawyers, and donald trump fully cooperated with the national archives, and the justice department's attempts to retrieve all of the records owned by the federal government, they were at donald trump's home legally. as the fbi investigation developed, they realized they had been lied to by the trump lawyers on june 3rd, and so they went to a federal judge in florida, and obtained a search warrant to search donald trump's home on august 8th. and what did they find on august 8th? in the hotel, but donald trump lives in in florida, when he is living in florida. they found twice as many documents with classification markings on them, then they were given by the trump lawyers on june 3rd, when the trump lawyers lied under oath in writing. twice as many. in the justice department's filing in the case last night, on page 13, it says that the fbi, in a matter of hours, recov

donald trump is. yeah, well, ithink that's a mistake. the vice president raised bail money for people who rioted in the black lives matter protests, so i've been pretty consistent here. what i am saying is that the department ofjustice and fbi, when it comes to trump, there seems to be no rules among some. and if you're going to prosecute the likely nominee in 2024, the former president of the united states, for mishandling classified information, and that's it, after hillary clinton, it's going to create a major problem in the united states. if he's done more, then he'll be held accountable. just one more point on your rhetoric and whether you are behaving responsibly. the former george w bush ethics chief richard painter, a long—time republican, said this — "a senator who talks in those terms, of riots in the streets if trump is indicted, should be expelled from the senate because he, in effect, is inciting january the 6th all over again." yeah, i know him. he hates trump, he hates me. i'm just being honest with you. i was asked a

donald i there. putin would not have gone into ukraine. donald trump i there. putin would not have gone into ukraine. donald trump on i there. putin would not have gone l into ukraine. donald trump on the eve of the invasion i into ukraine. donald trump on the eve of the invasion said i into ukraine. donald trump on the eve of the invasion said it i into ukraine. donald trump on the eve of the invasion said it was i into ukraine. donald trump on thej eve of the invasion said it was very smart of vladimir putin to in effect annexed those two regions in the donbas. ~ , �* ., donbas. why didn't he do it when trump was _ donbas. why didn't he do it when trump was president? i donbas. why didn't he do it when trump was president? what i donbas. why didn't he do it when i trump was president? what makes you think ou trump was president? what makes you think you wouldn't _ trump was president? what makes you think you wouldn't have i trump was president? what makes you think you wouldn't have done i trump was president? what makes you think you wouldn't have done it

donald trump's lawyers didn't think that was the end of it. they said, we're not in the position without having seen the physical evidence, and without having a chance to fully explore what these documents purport to be to tell the court in good faith that i know that i have an argument to be made about the classification. to which the judge said, well you did bring the lawsuit and make that claim. now, in judge alien mercedes courtroom in florida, trump's lawyers could get away with making statements like that. but not today, not in brooklyn, not with judge dearie. judge dearie suggested the clear possibility that the trump lawyers would not be allowed to see the classified documents in this case and that judge dearie himself might not even look at them. judge dearie said, let's not be little of the fact that we are dealing with at least potentially legitimately classified information. the government has a very strong obligation, as all of us do, to see to it that that information doesn't get in the wrong hands. it's not just a matter, it see

>> let's separate donald trump personally versus those closest to donald trump. if you were saying those close to donald trump, i would say the fake elector scheme that the feds have been investigating. >> part of the january 6th investigation? >> correct. for many people close to donald trump that could be the most perilous. for donald trump personally you have the document case now. something happened this week that i think changed the tenor of this. when you have the 11th circuit court of appeals with two trump appointees coming forward and not just rejecting donald trump's argument, but completely rebuking it, almost mocking the argument and mocking the lower court, it's not just not helpful. i think it sets a tone that's potentially dangerous for him in terms of what the department of justice may do next. >> sara isgur, you have the special master chosen by donald trump's lawyers push back on them as well. >> absolutely. fascinating that donald trump's team picked a judge who had served on the foreign intelligence surveillance court, had dealt so much with c

trump, two of them were appointed by donald trump. judge robin rosenbaum was appointed by judge obama. judge with grant was granted by trump. judge andrew brasher was appointed by donald trump. they're unanimous opinion contains the clearest history of this case yet written. and when describing the government record seized by the fbi at donald trump's residence, these judges did not say that those documents belong to the government. they said that the documents quote, properly belonged to the people of the united states. the people of the united states, that's those judges were writing their opinion for. that's who they were representing in that opinion. and in that opinion, the judges said the united states argues that the district court likely aired in exercising its jurisdiction to enjoin the united states's use of the classified records in its criminal investigation and to require the united states to submit the marked classified documents to a special master for review. but, we agree. the court said the prosecutor's likelihood of

also what donald trump seems to appear. somehow every week there is another story with even more concerning details. let me give you two concrete things to think about. maybe you are working for the russian government or some other government. it's not your job on a daily basis but you've turned against them and secretly provide information were suppose there's an electronic capability to break into people's iphones that hasn't been disclosed. even if that hasn't happened, if you are that a spy in the field, future spies let alone the presiding intelligence have to worry if i give you this information, am i going to be killed, is it going to get shipped and that is particularly true with the intelligence sharing. there's very sensitive information. and you referred to this highly publicized incident in the oval office early in his time with the sensitive information that that's one thing when you are the president is crazy but it's not a crime. it's an obvious symbol crime and if you are one of those countries that shared i

donald trump gets the party. donald trump is now the owner, lock, stock, and barrel, of the republican party. it is under new management. it's under trump management. >> one of the things that i've discovered, looking at similar situations throughout history, is that the establishment politician possesses a level of hubris, and sees the outsider and thinks, ah-hah, this is somebody i can use for my own personal ambition. and this is a trend that repeats itself over and over. and i think we saw something analogous happen in the united states, where mainstream politicians overestimate their own capacities. (clock ticking) ("jingle bells" playing) >> it looks like president trump is going to get his christmas wish. >> trump and mcconnell, they've actually had a pretty successful couple of months here. >> narrator: the bargain was consummated in public, as republicans gathered to celebrate. >> trump setting a record for getting his judicial nominees... >> narrator: judges. >> neal gorsuch plus a record number of circ

judge dearie ordered donald trump's lawyers to answer that question because donald trump last week was saying things like this. >> the problem that you have is that they go into rooms, they want let anyone near them -- they won't even let them in the same building. did they drop anything into those piles? or did they do it later? >> judge dearie's action in this case, apparently, has already shut up donald trump about things like that. there is another federal case in washington that carries a enormous legal risks for donald trump even though his name does not appear in the title of the case which is, united states of america versus elmer stewart rhodes the third. elmer rhodes is a founder of a group of violent attackers of the capitol on january six who have given themselves the absurdly in appropriate name, the oath keepers. elmer rhodes, along with ten other criminal defendants, are facing charges of seditious conspiracy, conspiracy to obstruct an official proceeding, assaulting, resisting or impeding certain officers, and other crimes. so this conspiracy alone carries a potential p

donald trump then does x. a sale of that because on saturday, attorney general is speaking to newly naturalized citizens in the country. they spoke specifically to the rule of law in this country. when you listen to these words tonight with the fact base that we now have and have developed in the last 15 minutes. eric herschmann telling donald trump, holding on to these documents is a crime. button front holds on to the document. listen to the words that he used on saturday le pen. he applied it very directly to his decision but indicting former president to united states. >> the protection of, law the rule of law means that the same laws apply to all of us. it means it treats each of us alike. there's not one rule for friends, another for foes. one for the powerful and one for the powerless. one for the rich another for the poor. the rule of law of the shirt, it's fragile. it demands constant effort and vigilance. and this possibility to ensure the rule of law is it has been the duty of every generation in ou

donald trump is not on the ballot in november but he still dominates the debate. i'm definitely voting for trump again, absolutely. this guy has got to go. this whole party has got to go. they scare the crap out of me. anybody but trump, anybody that he supports, i do not. i so republicans have lost their shot at getting your vote because donald trump has made himself front and centre here? yes, and i'm a republican. voters in pennsylvania had better buckle up. they are going to be getting a lot of attention from politicians in the coming weeks. this is one of the key states that will determine whether republicans can seize control of congress in the mid—term elections, and it will be a real test of donald trump's current electability because he has got a number of hand—picked candidates on the ballot. my wife wants some vegetables for crudite. including the tv celebrity dr oz, who is running for the senate in pennsylvania. like many of trump's inept choices, he could lose a winnable seat with clumsy campaign messages, talking about crudite. guys, that's $20 f

the complaint demonstrates that donald trump falsely inflated his net worth donald trump inflated his net worth and cheated the system, thereby cheating all of. as he did this with the help of all the other defendants's children. donald trump jr., ivanka trump, and eric trump. >> john discussion now, david enrich, the business investigations editor for the new york times, and author of the new book, servants of the damned, giant law firms, donald trump, and the corruption of justice. also tim o'brien executive director of bloomberg opinion, and author of the art of being the donald. he's an nbc political analyst. david enrich, in the couple hundred pages of this complaint today, what have we learned about donald trump's adult children who work in the company? >> well, they've got a big legal problem now themselves, and i think this is something, myself included, had primarily viewed as a donald trump father problem but it's clear that, if these new general allegations are to be believed, the fingerprints of not just trump but the kids are all over this, and there is a substantial lega

donald trump is not supposed to be worse or better. the lower courts have done by and large, a remarkable job in not falling for the big lie and political spin, if you think about all of the cases that donald trump and his minions brought to challenge the election, he lost subsequently all of them. because the courts, whether the people were appointed by a republican or a democrat, follow the rule of law and the constitution. and if you look at this judge, it's really useful for her to take a page from another trump appointed judge, who wrote today that -- is a district judge, and d.c., appointed by donald trump, who dismissed a case that was brought by carter page, against the fbi, and james comey, and many other people. because it did not meet the legal standards. because she had the courage and the commitment to the rule of law. what is going on now is for the district judge in florida to actually when she's alone in her chambers to not be thinking about her future, not to be thinking about anything else, and that donald trump is no

as we see the reemergence of donald trump. he's never really left but he is now really center stage in this election. >> yeah. very sage comments there. what about the presidents speech? can it appeal to the non maga republicans into independents and some sort of a tangible way? >> yeah. i absolutely think so. i think they are probably as concerned about driving this as anybody. and i know, look, a majority this country doesn't believe what donald trump believes. we know that from the 2020 election. we know there is a decent number of people that voted for donald trump in 2016 that did not vote for him in 2020. i think that is a pool of people it is likely growing. because two plus years later the president continues to deny that he lost an election. we see all events happening around mar-a-lago, and i think more and more of those voters don't want the chaos of donald trump back in their life every single day. being not about anything that is really pro america. it is everything that donald trump is about is about pro trump. >

in on policy, but a referendum on donald trump.— on policy, but a referendum on donald trump. in your view, how is the country — donald trump. in your view, how is the country responding - donald trump. in your view, how is the country responding to - is the country responding to the biden presidency, and the people within the country share his optimism about the future? in my experience, it is a bit of a mixed bag. in my experience, it is a bit ofa mixed bag. ithink particularly in the last month, biden and the democrats have made a very solid push to try and prove that they are fulfilling a lot of the campaign promises they made. we saw that earlier this month when the reconciliation package was passed, as well as last week when biden announced a huge debt forgiveness for students in the united states, but i think what the government are hoping to do is convert anger over the fruits of the trump administration, things like the end of row and the innerfederal abortion road —— inner federal abortion road —— right innerfederal abortion road —— right into votes in

and that's a crime. >> led by donald trump? >> led by donald trump, encouraged by donald trump. was i happy when i beat donald trump by nearly 3 million votes but lost the electoral college? no, i was not happy. did i even for a nanosecond think i'm going to claim victory and try to get the democrats to certify the election? no! >> former secretary of state hillary clinton speaking out against donald trump and his role on the january 6 attack. she also explained the difference between the investigation into her private email server in 2016 and the ongoing investigation over trump's mishandling of classified documents. >> i think it's a really different comparison to what's going on here when it appears that the justice department and the fbi have been incredibly patient, quiet, careful until they finally, apparently, thought that national security was at stake. >> would you ever run for president again? >> no, no. but i'm going to do everything i can to make sure that we have a president who respects our democracy and the rule of law. and upholds our institution. >> what if dona

one that has not been good for donald trump. just a short time ago, the 11th circuit court of appeals and a trump's lower years a huge defeat. two of them appointed by trump himself, lifted the judges order that prevented the justice department. seized from mar-a-lago in its criminal investigation that. ruling came after the world learned the former guy is now facing a potentially crippling lawsuit that poses and his real date business and a family. letitia james, new york to tierney general, sued trump, his adult children ivanka, eric, and she's accusing him of lying to banks in the state, fraudulently over valuing his assets by billions and billions of dollars while trying to minimize his company's tax bills. >> the fraud deception used by trump and the trump organization for their own financial betterment is astounding. claiming you have money you don't have. it doesn't amount to the art of the deal. it's the art of the steal. and there cannot be deferrals for different people in this country or in this state. and former pres

when he talked about how terrible donald trump was in 2016, eternity be wrong. he was right on the merits when it came to immigration, but that was a wrong strategic impulse politically. so let's grams a smart guy, but smart guys nick really tom strategic choices lot of the time, and he's done a lot lately. >> and the overturning of roe v. wade for tim across, they see this now as a political opportunity. i want to see with chuck schumer said earlier today. >> proposal like the ones today santa clara message from maga republicans to women across the country. your body, our choice. rather than expanding women's rights, maga republicans would curtail them. rather than give individuals the freedom to make their own health care choices, they hand back power over too radical politicians. >> your body, our choice. should that be a bumper sticker right now? run with it. >> run with it democrats should keep that front and center. this horrible national abortion ban, i think it's gonna be that work for democrats, so they can continue to draw the contrast between the extr

donald trump has gone out of his way to criticize him in this. but it is such a tale, a psychological tale. is the closer you get to donald trump. the more you lose your soul. the further away you get from donald trump, the more you gain it back. >> barbara we still have not heard from this judge about a special master. what should we expect next? >> well, it's interesting. it could be a matter of days could be tomorrow. when she issues this decision. she did seem to be somewhat persuaded by donald trump's request. it seems that one thing that she could do here that would be a compromise in maybe giving donald trump an ability to declare victory and fend off the angry mob is to give a very limited special master. to focus on materials that could be protected by the attorney client privilege. and this idea that executive privilege applies here when this is the government's own documents is really just utter nonsense. and to allow the government to continue with its damage assessment, and its investigation of all the other materials. so that there

he talked about the fact that you have donald trump and donald trump's republican party who spent a generational fight to take away a woman's right, make choices over their own health care, over their own lives and decisions. it's really been magnified, the consequences of that over the past several months, as we learn of 10-year-old girls that are raped, that have to flee ohio because they fear that ohio is going to force them to have the rapist's baby. you have the michigan gop nominee who is saying that a 14-year-old girl raped by her uncle is a perfect example of why there can be no exceptions and why the centralized state has to force a teenage girl who has been raped to have a forced birth. >> yeah. there are various reasons why america's democracy looks like it's in peril at the moment, joe. some of it is around the idea that the election was stolen and what that has done to the republican party and the fact that donald trump is trying to put into place people who would have influence over the 2024 election and potentially be able to manipulate the outcome of the 2024 election in his favo

actually, it was a photograph of donald trump, with donald trump talking into the show by phone. and, that's talking photograph testified, not under oath about the evidence seized by the fbi from his florida residence. >> mr. patel said he witnessed you giving verbal orders to the classified, the papers that ended up at mar-a-lago. do you remember making those orders? >> that's correct. and not only that, i think these other people also where there. >> did you take those papers down there after you've classifying them unintentionally? or do you have any idea they were there? >> remember this. remember this. everything was declassified number one. and if you look at the presidential -- if you look at the act that was passed, it talks about what you can do, what you can't do, how you negotiate with nowra. and then if you look at what is running nowra, it is radical left run, it's radical, radical left. >> back with us, neal katyal, andrew weissman and bradley moss. he rambled on they are but i cut off right around the point where the judge would if you satisfy in court started ramb

or donald trump issued his social media message. it still denying that he lost the 2020 elections, calling for those results to be overturned, the rightful winner to be declared as such, and at the very least, still, almost 2 years after the presidential election that saw joe biden, when, without a doubt, that's been dealt with in court here as well, for those elections to be repeated. so quite a remarkable denial from donald trump there. and he also implicitly put him on a par with out of hitler. didn't mentioned hitler himself, but he said that history did tell that completely following one political leader and being prepared for political violence essentially is something that is anti democratic. so a clear statement here aiming nationally also of course at those midterm elections, but also a message that america is back not just in terms of economic and political leadership, but also in being a beacon to the world when it comes to democracy, as he put it wow, extraordinary stuff there. another speech was also being worked closel

, whether it is possible to extrapolate lessons from donald trump in all of this. if is worth noting that we have some reporting that trump himself may be delaying the announcement of a 2024 presidential bid until after labor day. initially he said we do it around labor day, which is in like, you know, 48 hours from now. depending on what time zone you live in. do you think it is wise to like try and find a lesson about trump in all of this? and in all of what could be said. >> i think it speaks to a larger exhaustion with the swirl, right? i was talking to a republican congressman today, and he was saying, do you believe we're still talking about this, and this guy, and like the various legal vicissitudes, and you know, whether, you know, sarah palin will concede and will she back off, and will she do a trump style contesting the election. i mean it is one thing after another. and do you sense a certain weariness with not only this story, but just sort of the ongoing distraction that this is sort of done to the republican party, and sort of the, it's blocking out

judge dearie is ordering donald trump's lawyers to identify that planted evidence, by friday, donald trump's lawyers will of course not do that because they do not want to be caught lying to a federal judge, because that would be the end of their careers, and they will be convicted of crimes for doing that. so as of friday, because donald trump's lawyers successfully brought a special master into the case, remember the special master was their idea, and because they did that, that special master will formally and legally be shut down one of donald trump's big lies about the fbi search. >> -- judge dearie today was accompanied by he under oath affidavit by the supervisory special agent with the fbi, who was present, during the execution of the search warrant. the agent whose name was has been redacted from the filing so that donald trump supporters will not try to kill him, says, the squad that i supervised had primary responsibility for execution of a search warrant at the premises on august 8th, 2022. i was present during the execution of that search warrant which resulted in the se

donald trump is a crook. in a more than 200 page filing, james accuses the ex president and his oldest children, don junior, eric and ivanka. his companies and some of his top executives of a long-standing, widespread scheme to commit fraud. inflating the value of his properties in order to get more favorable deals from banks. here's how ag james put it in her groundbreaking announcement. >> they violated several state criminal laws. including, falsifying business records. issuing false financial statements. insurance fraud. and engaging in a conspiracy to commit each of these state law violations. we believe the conduct alleged in this action also violates federal criminal law. some of the common tactics that they used include representing that mr. trump had cash on hand that he did not have. ignoring critical restrictions that would significantly impact property values when setting valuations. changing the methodology used to value properties from year to year, without reason or notice. and using vastly dif

so, what you know about donald trump is what donald trump tells you that he wants you to know. i was one of the very few insiders -- in fact, i was the only insider at the trump organization with any real knowledge that was willing to come and to testify, to provide not just information but documentary evidence in order to demonstrate that he was doing exactly what our amazing attorney general has now put forth in a 200-page indictment. and that is that he inflates his assets for the purpose of net worth, and he deflates it in terms of reducing the tax burden on those assets. nothing else to say. it is what it is. this is what donald trump is all about. as i stated in the opening of my oversight committee testimony, he's a fraud. he's a con man. he's a cheat. that's who he is. >> let me ask you this because i have this question in my head for a really long time about you. why did you stay so long? knowing that you were his enforcer. you were trying to ensure he was safe legally. he was coming to you with all this stuff? first of all, how much of your time was spent trying to ke

a former presidents, donald trump. and if i re speech biden's said the united states was in a continued fight for the soul of the nation, even went so far as to say, trump support us with war hit working to undermine the rule of law. and just of a 2 months, the midterm elections will see democrats fights to maintain control of the house of representatives. and the senate has more from the u. s. president to marcio what's happening in our country today is not normal. donald trump and the magar republicans represented extremism that threatens the very foundations of our republic. miger republicans do not respect the constitution. they do not believe in the rule of law. they do not recognize the will of the people refused to accept the results of a free election. and they're working right now as i speak in state after state to give power to decide elections in america, to partisans and cronies. empowering election deniers undermined democracy itself. mag of forces are determined to take this country backwards, backwards t

so quite a remarkable denial from donald trump there. and he also implicitly put him on a par with out of hitler. didn't mentioned hitler himself, but he said that history did tell that completely following one political leader and being prepared for political violence essentially is something that is anti democratic. so a clear statement here aiming nationally also of course at those midterm elections, but also a message that america is back not just in terms of economic and political leadership, but also in being a beacon to the world when it comes to democracy, as he put it wow, extraordinary stuff there. another speech was also being worked closely watched outside the us. what signal was he trying to send to the world bullock let's. let's just look at what the united states have done in recent months at 6 months since, at the russian invasion in ukraine. the united states clearly has become the leader in delivering weapons in bolstering up a ukraine against that invasion. at the same time, in taiwan as a democracy in the united state

they do it because donald trump is -- they see donald trump as the master of the republican base, and if he gets mad at them, their career is potentially probably over, and so they do it out of that fear. it is stunning how craven republicans have been in the face of donald trump and look where it's gotten us, you know. if the people who knew what they were doing on january 6th was wrong had done the right thing, we wouldn't be in this mess, but they went along with trump and that's where the republican party is, and likely will stay until it gets wiped out in an election. >> certainly hard to find a moment that better encapsulates trump's hold over the party than that one. liz cheney talking about efforts to reform the electoral count act to prevent something like january 6th happen again, making sure the vice president's role just ceremonial. house and senate working on bills, not coming up until after the midterms. i want to ask you one other thing about liz cheney. she was defeated soundly in her primary this summer, and yet here she is, still trying to pass legislation to safegua

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he is naming donald trump jr. and for donald trump that seems meaningful. now bill barr was suggesting dragging the children into this was an unsavory thing for the attorney general to do. but does it sound like they played two meaningful roles? >> i want to take you to an example. the trump organization is not, you know, fortune 500 company where there are thousands of people. there are a small group of people. and donald trump has by his decision to wid will it down to the top executives are largely his children. the churn are very involved. one of the scam thamz stood out to me today was the appraisal and what happened at seven springs. seven springs is this estate in new york. donald trump bought it for a few million dollars in 1995. and then turned around and later, i got it here, later puts it at $250 million valuation on it. seven springs is important for a couple reasons. eric trump is very involved in it. he has at times lived there. he proposed to his now wife. there he has a very sent mental attachment to it. he bought it for grand ambitious -- h

she was imports interest by donald trump. there you see the other, guy republican nick begich, who made a strong showing. there was something a bit of bitter feud between the republicans in the race. in fact, do you know this? palin's former in laws even through begich a party instead of someone directs not a lot. and because alaska discharging rank choice voting, when voters rank their -- threshold, their vote instead goes to the second right candidate and so on. you would expect a lot of baggage voters to put pale in number two, by now than f did because there were some bad blood because they didn't like sarah palin. and so because enough republicans don't like sarah palin mary peltola, huge upset win for the democratic party. a win that has to buoy the spirits of democrats everywhere, in the midterms, it's not quite scott brown wins ted kennedy's seat in the reverse but it's a little in the ballpark. we will see. this comes on the heels of a democratic victory in new york 's 19th last week. democrats flip to see which had

was it donald trump, was it someone else? so they can state -- make the statement without stating what may be obvious there, but i think it could implicate donald trump if he was the person who provided that advice. >> at some point, don't they have to actually say whether here declassified anything, and also, isn't that irrelevant because you're not allowed -- i can't go into the white house and come out with some documents and be like, don't worry, these are declassified. i would still go to jail. >> you're absolutely right. so number one, it's irrelevant in this case. even if as former president or while he was sitting president, he had the power to declassify them, it's irrelevant in this case as a matter of law. that's because the charges they used for this search warrant do not require classified documents. the espionage act simply requires they pertain to the national defense. if this is about defense information, regardless of classification, it is a crime to willfully retain them from the government. as for the other