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Case. but i can't go into those details, as i know you know, and steve bannon may well be right and i may be wrong. but it's his case and his life and he deserves to be able to proceed with a defense he thinks is appropriate. >> the judge seemed to think this was part of a delay tactic because now bannon has until the end of february to come up with a new attorney. is this a delay tactic? what would you say to that? >> no, that's where the thing blew up yesterday, frankly. the prosecutor in this case, they investigated the case for two years. they had by their own account, 47 employees working...

Are going to have to explain how this is different every single time. if they're explaining, are they losing, at least politically? >> absolutely. there may be legal differences, and i think there are, obviously, in the case of trump. there was a year fight with a grand jury subpoena, and ve eventually they had to raid. at this point we have no evidence of that with biden, that everything they've found, we have no evidence that if we found something they didn't immediately turn it over. in the political sense, you're exactly right. one guy had documents, and remember how biden went after trump...

One for due process. one pertains to the border wall. the border wall case is a really interesting example because this is where the president really was trying to go against congress's authorization to go against things, provide funds. it goes to a fundamental issue whether or not he can bypass the way congress has distributed funds. it's interesting with the el paso case, the case was brought by organizations that included liberal progressive attorneys that were working on a pro bono basis, conservative attorneys, and they came together to show that the arguments that the administration were...