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They're letting the justice department run the investigation. if there's other evidence to the contrary, you know, i would second-guess that -- i wouldn't second-guess that. one other thing i want to know about these s.a.p.s, these special access programs, for americans who are trying to understand the bureaucratic speak in this, this is what we call code word programs. some of them, i wasn't even allowed to say the code word to other people. they were unacknowledged programs. this is the highest level classification that exists in the federal government. those are not things that a president ...

Home and one of the reasons listed out here it says the search is related to a violation of 18 u.s.c. 793, willful retention of national defense information, as brianna put it, he knew what he had and he knew what it was and he knew he was supposed to give it back. why is that important? >> well, it's critical because it suggests that the government is investigating crimes for which it will have to prove a relatively substantial degree of knowledge on donald trump's part. that he knew it was national defense information, that he knew he wasn't entitled to keep it and he knew it had been reques...

Releasing this affidavit. and i don't think that donald trump even wants it released because in court yesterday his lawyers did not join in the media's request to release it. so he says one thing on truth social but another thing in the courtroom. >> and we've learned in court yesterday that this was a lengthy and detailed affidavit. we learned that the application for the warrant cites willful retention of defense information. does that sharpen the criminal focus do you think on the former president? because this is at his home where this occurred. >> re >> exactly. yes, it does. and i think ...

They are citing statutory law doesn't matter if trump believes he declassified the documents. it wouldn't necessarily impact whether or not the charges could be brought on those statutes. do you agree with that assessment looking at what we've seen in the search warrant? and can you explain it? >> i think that might be technically true. but in reality, i think ultimately if in fact this material is declassified, i think it would have the material impact on whether charges are brought. so the charge referenced and it concerns the mishandling of classified information. 18 united states and code ...

Returning documents that were -- that fall under section 793-d of the espionage act, i'm not sure i would say to you that that's actually the big game that the fbi and justice department are going after. i think the reason behind the raid in the first place was something more serious that they were pursuing. >> of course, we don't know that yet. we do know, dana, when they filed to prevent -- the doj doesn't want us to see the underlying argument they presented to a judge because this could harm other investigations. there was an indication that there was other things. they didn't go farther t...