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him what his itching ears wanted to hear. he is talking about your client there. >> i will say this about the former vice president. i want to -- i think the former vice president -- look at his insinnives around january 6. he had two choices. he could have said, dr. eastman, you may have a point, but i don't think there's any evidence of fraud or illegality here, as urm suggesting earlier. there would have been nothing inconsistent about that. the problem for viez president pence would be for obvious reasons that would be significantly dised avan tanlous to any future mrit cam campaign. the second option the vice president had, which is the one he chose, was to say, yes, a degree there was evidence of illegality and fraud, which he said publically at the time. but i think the constitution has tied my hands. i can't do anything about it.

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others bring the challenges in good faith? we are confident that the answer will be absolutely yes. >> well, i'll say attorney general has said he disagrees. you mentioned mike pence. i don't think you have been asked about this. the former vice president said the preponderate was surrounded by a group of crack pot lawyers that kept telling him what his itching ears wanted to hear. he is talking about your client, there. >> i'll say this about the former vice president. i want, i think the former vice president, let's look at what were his incentives here around january 6th. he really lad two choices right? he could have said dr. eastman, you may have a point but i don't think there is any evidence of fraud or illegality as you were suggesting earlier. there would have been nothing inconsistent about that. the problem for vice president pence would be for obvious reasons that would be

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former president down this path on election interference and all of the people that he was bringing into the room. did it surprise you? >> chuck, i don't remember saying anyone was leading it. i don't remember there being a group of crackpot lawyers that were in the oval office that quite frankly should not have been allowed on the ground. >> you didn't tell me that the chief of staff -- you had said in various ways. >> i'm happy to repeat it. the chief of staff is supposed to be a gatekeeper and make sure people are getting into the oval office and have the credibility to be there. frankly, this group of lawyers that were allowed to counsel the president and tell him what his itching ears longed to hear is that i had some right to reject votes or return votes to the state. there is no basis in that in history. look, chuck, our constitution

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mike pence. he's also the star witness in the newest prosecution of donald trump. here is an indiana on the campaign trail. >> the first time i heard in early december someone suggests that as vice president might be able to decide which votes i could reject in which to accept, i knew that it was false. our founders had just won a war against the king and the last thing they would have done is this unilateral authority on any one person to decide who would be the next president. i dismissed it out of hand but sadly, president was surrounded by a group of crack pot lawyers who kept telling him what is itching ears wanted him to hear. and i made my case to what i thought my oath of the constitution were acquired, the president ultimately continued to demand that i choose him over the constitution. >> andrew weissmann is with us and, also joining our discussion timothy a former

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vest unilateral authority in any one person to decide who would be the next president. i dismissed it out of hand but sadly, the president was surrounded by a group of crack pot lawyers who kept telling him what is itching ears wanted him to hear. and i made my case to what i thought my oath of the constitution to require, the president ultimately continued to demand that i choose him over the constitution. >> andrew weissmann is with us and, also joining our discussion tim heaphy, a former u. s. attorney's and the who served as lead investigator for the january six committee. and barb mcquade, a university of law school -- she's an msnbc analyst. tim heaphy, let me -- only getting to do that now, finally. he says the first time i heard about this, in early december,

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trial, this will be in front of a magistrate judge. it is expected that he will hear the charges filed against him, have the opportunity to enter the plea and it should be over pretty quickly. this is the third time this year alone, so he should know what it on expect. paula reid, cnn, washington. some of trump's republican rivals in the 2024 race are reacting to the indictment including mike pence who had more tough words for his former boss. >> sadly the president was surrounded by a group of crack pot lawyers that kept telling him what his itching ears wanted to hear. and while i made my case to him of what i understood my oath of the constitution to require, the president ultimately, you know, continued to demand that i choose him over the constitution. >> but some republican hopefuls like ron desantis are lining up to defend trump against what they call the weaponization of government.

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i'm max foster. bianca is off today. but just ahead -- >> someone who engaged in that kind of bullying, a process that is fundamental to our system and to our self government, shouldn't be anywhere near the oval office. >> sadly the president was surrounded by a group of crack pot lawyers that kept telling him what his itching ears wanted to hear. i strongly disagree with fitch's decision and i believe that it is entirely unwarranted. >> hate has no place in our community. >> even though nothing will bring my dad back, i feel like a weight has been lifted and i can breathe a sigh of relief. live from london, this is "cnn newsroom" with maxes s fos

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court, it would have been denieh nothing, it is hard to get a criminal conviction overturned,d he did it unanimously, that'sis where this is heading again, thh supreme court probably will nott take this case before the 2024 presidential election. >> laura: david, mike pence who. is key to the prosecution here, he chimed in today on this indictment, watch. >> i can't assess whether or not the government has the evidence to prove beyond a reasonable doubt what they assert ilen the indictment. i want people to know that i had no right toov overturn theer election. sadly e president was surrounded by aac group of crackkp pot lawyers tht kept telling him what his itching ears wanted to hear, our country is more important than any one man.r >> laura: your reaction to thatc >> mike pence made clear hewa doesn't believe there was a criminal act committed either.mt that is the fundamental heart of

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surrounded by a group of crackpot lawyers that kept telling him what his itching ears wanted to hear. ultimately, continued to demand that i choose him over the constitution. >> good morning. thank you for being with us, it's 10:00 eastern in our nation's capital. i'm ana cabrera along with jose diaz-balart for this special coverage of the third arraignment of donald trump. >> here in washington, d.c., a growing sense of anticipation ahead of the former president's appearance at 4:00 p.m. eastern. lines started building outside the courthouse overnight. take a look at these pictures. the morning, however, the intense security continues. barricades outside the court. officers with long guns on the grounds. >> we expect the former president to travel here from bedminster, new jersey, in just

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. with just literally hours until donald trump's third arraignment, former vice president mike pence finds himself in a tough spot. he says he wishes the justice department had not brought charges against his old boss, but he's getting vore vocal that trump's conduct was wrong. >> sadly, the president was surrounded by a group of crackpot lawyers who kept telling him what his itching ears wanted to hear. i had no right to overturn the election. that on that day, president trump asked me to put him over the constitution, but i chose the constitution. and i always will. >> pence speaking out more forcefully against trump lately. as the full scope of his cooperation with jack smith's probe comes into view, creating more challenges for him politically in terms of his campaign for the presidency. joining us now, nbc news senior national politics reporter jonathan allen and former pennsylvania republican

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