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To claim that this is the represents equal applicationsmif the law? because he knows it doesn't and it's going to be open to that kind of protest right away. the indictment itself is a speaking indictment. plicat it's offered for public consumption. it's a cleveior but very sick attempt at putting forward their position here. i said last night that i almost i assumed they would charge charr 18 u.s.c. 793 so they wouldn't have to confront the classified8 usc 79 documentr declassified issue. so they in the indictment, they allege classified, classified, classified. but they charge under statute ...

>> andy, talk about the complications of bringing a case with the nature of these documents. and also, we were discussing -- i mean, this is just a small subset of what was found, a small subset of the documents that they hypothetically could have charged. how will they bring this case with a jury? >> sure. so we know that from the period discussed in the indictment, that's just from the time they served the subpoena up until where we are today, we know that the justice department, the fbi, recovered over 300 documents from mar-a-lago. only 31 of those documents are actually referred to as the...

Of setting out the government's case. >> now, david, i want to pla y a moment from andy mccarthy or mccarthy earlier today on foto x about part of trump's defense here. >> i've personally never been blown away by his claim, which>> his lawyers won't repeat in court, in which there'pes documentary evidence of that. he declassified everything. it wouldn't be a defense in anns espionage act casee in a because the espionage act doesn't speak about classified information. en >> it speaks about national defense information. sified, david, it correct about that. >> he's a little bit wrong. is hethe 7...

Mirror an indictment, but it does have some language in it that suggests what the seven charges would be. not 100% clear that all of those are separate charges. but they basically break out from an espionage act charge, which is ludicrous under the facts of this case. and i can certainly explain it. and several obstruction-based-type charged and then false statement charges, which are, actually, again, kind of a crazy stretch just from the facts as we know it. so, there's a lot to pick at from the defense side. but that appears to be the charges and appears to be something we'll get off the gr...

>> but i'll tell you this. thishey charge a 793 e charge this retention of national defense information, i think president bide ral n probably hast ri the most at risk here because of all of those hundreds of documentl thes. you can be sure some of them contain what's broadly construed as national defense information. president biden's been in government inform for decades. donald trump was a businessman. president biden know s that he not didn't have the right to retain documents with national defenses information if that's the government's theory of the case. >> the wow. involving intent or ...