should he have known? yes, but if he did not, i don't know that that's a crime. michael luttig: i said that-- jake tapper: not everyone shares that view. michael luttig: --willful ignorance of fact or law by the president of the united states would not be either a legal defense or a political defense to the president. that's about as clear as a former judge could say it. jake tapper: ultimately, the justice department will decide whether to bring any charges against former president trump or john eastman, who the committee also referred for criminal prosecution or anyone else. in november, attorney general merrick garland appointed a former war crimes prosecutor named jack smith as special counsel in charge of these ongoing investigations. sara murray: we know the justice department has been investigating jeffrey clark. we also know that john eastman is someone who's been touched by this investigation. john eastman: i'd like to see the warrant before you take my property. jake tapper: both jeffrey clark and john eastman have had their phones seized by federal investigators.