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recuse herself from donald trumps classified documents case despite recommendations to do so from two other federal judges. and democrats are targeting a 150-year-old law in their latest effort to protect reproductive rights nationwide. all right, good morning. welcome to "way too early" on this friday. thank god, friday. june 21st. im sam stein in for jonathan lemire. for the first time in months president biden has overtaken donald trump in national polling averages. according to...

Legislation or is it self-executing, griffins case. you saw in the complaint about whether this arose to the level of insurrection. i think the important issues there, quite frankly, rather than the substantive one, is if thats federal legislation that enables section 3 because it is a federal criminal charge of insurrection, then are we using this process to circumvent the safeguards we would have if he were charged with indiana. he never was. they considered it. he has never been charged with ...

>> it is where or in the he may have attempted to obstruct justice. the president of the united states discussing firing u.s. attorneys. it is inappropriate to discuss firing a particular u.s. attorney for example the u.s. attorney for the southern district of new york because he recused in the oversight of the investigation because he wants to replace him much like he did when he fired attorney general jeff sessions. it nears the firingover jam of comey. its that doing it for a corrupt purpose ...

Paper trail getting out that touches on aspects of the investigation. the distinction being a substantive one, a former official, jim comey is right now private citizen, his ability to speak to the congress relatively unfettered is there as long as he doesnt break any of the big rules, myse s hes not going toe any classified information. anything thats a memo could be considered potentially investigative. the fbi usually keeps a tight lid on that. >> i want to bring you in, you know jim comey we...

Side tonight via e-mail, so we can discuss them tomorrow. the next one is possession of a firearm, and causing death. are there any objections to this by the estate? >> no, earn. >> by the defense? >> substantively no, i believe its appropriate based on the charge. might we address that, but i think its accurate. >> the next one is one of the lesser included crimes, and what the state has listed. is the state requesting these lessers? >> yes, your honor. >> any objection from the defense? >> we ...

>> thats not why were playing it. thats a healthy ego. >> you got to go with the joke. >> i know. were just teasing. >> just want to honor my man. >> this is in honor of don cornelius. we announced his death yesterday. soul train, did you watch "soul train" ever? am i right, saturday morning? >> did you pass by the channel or actually stop? >> we have a lot to get to. let me introduce our panel to you will cain, john fugelsan, i mangle your name all the time. soledad obrien -- >> thats...