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appointed to investigate classified documents that were discovered at former vice president and likely presidential candidate mike pences house, right? documents returned according to an adviser for the former vice president mike pence. aides to former vice president mike pence found a, quote, small number of documents bearing classified markings during a search of pences indiana home. according to the archives and the fbi collected the classified documents from the home on january 19t...

So andrew, obviously im posing a theoretical. but wasnt this the slippery slope, the standard created by lumping together the one that isnt like any of the others, the trump criminal investigation by having the same person called the same thing investigate both? >> you just cant have a special counsel every single time a issue comes up. you have to remember, it is not a crime to have classified documents in your possession if you dont know it. it can be a mistake. it can be something that raises...

What the current president did and former president did. >> i take your point, fair enough. but what -- i mean the gaetz investigation was opened by barr. nothings come of it. what high profile republican has garland investigated or seem willing to investigate, andrew? youre raising another important issue which is that merrick garland seems to have a problem when he appoints a republican but he doesnt do the same when its a democrat. he seems to have basically taken the message from the attack ...

It is true that there is reporting that was what was found in bidens personal home did in part date back to his time in the senate. but it also was much more recent. and we also dont know with respect to the vice president -- vice president pence exactly what was found. i do share joyces concern. and you have to remember the reason that the department of justice authorized its search of mar-a-lago went to that step is because you had no cooperation which obviously is completely different than pr...

How this is going to help or hurt somebody. to really step back and think about how this really hurts america. it is really not useful for the intelligence community to have this kind of sloppiness. it is something that our allies overseas are taking note of. and they share information with us with the understanding that things will be kept intact and secret. so clearly there is a problem. and we dont know if the scope of it, if we had a functioning sort of white house and congress we would actu...

On donald trumps house. and then there were crimes ticked off in that mob boss goes to jail for kmigt. nothing happened. and now the whisper that is starting to seep into public commentary abiden can make it hard to make that case. again, im not a lawyer. maybe thats true. but what the pence case does is bring into the point that youre bringing, the apples to apples is pence and biden. if there is no special counsel needed for pence, why is one needed for biden, andrew? >> i think that is really...

Center that issue. with respect to rob herr, the dye is cast. that is already in place. it just cannot be that were going to have a slew of special counsels. it just way too distracting the body politic and this sort of policy issues we should be worried about. >> joyce, i think you no he this by now, one thing i keep my eye on is the right-wing is being too kind. well call it spin. the spin that right has put on and the crumb or the bread crumb they keep dropping is how does a lawyer do the sea...

Counsel if a crime has been committed. and thats why andrew is so right when he says the first step here is to have somebody do a first look to see if a crime has been committed. and perhaps the entire issue that were facing now is the fact that this justice department where the attorney general has said repeatedly that he is very interested in restoring public confidence in the justice department. that he took that too far when he appointed a special counsel in the biden situation. now i think ...

To stay on somebodys desk and get packed up, i dont know. but somebody needs to get a handle on that. there needs to be a determination of whether this is a white house problem, limited to the white house and then the incoming white house chief of staff will writer better regulations and cleaning the problem up or is it a wider problem in government? that is the most important thing right now. top secret documents are documents that if they are released into the wrong hands could do grave damage...