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Although the public is just learning about the ordeal, Biden's associates and the Justice Department have been quietly deliberating for the past two and a half months.

Attorney General Merrick Garland makes a statement. The Department of Justice did not say what the subject of the statement will be.

We're a nation of laws. >> they have a lot of issues they're dealing with that may be criminal when it comes to the former president. if they make the decision to charge him on the mar-a-lago classified document situation, because perhaps it's an easier case and prosecutor and they don't choose to go down this road, do you find that to be a mistake? >> i have confidence in the professionals in the department of justice that they are taking seriously their obligations with respect to every aspect of the potential criminal conduct by the former president. let's just have the american people paus...

The fbi search of mar-a-lago and asking for the 11th circuit to take action as soon as practicable going on to ask the court for criminal investigators to review the materials marked as classify the and exclude the documents from the search. here to discuss is jessica schneider. cnn senior legal analyst elie and analyst phillip mud. good evening to both of you. jessica, i'll start with the doj, the justice department vowing an appeal asking the appeal's court to intervene in this mar-a-lago classified document fight so what do you know? >> yeah, so there really seems to be strategic about this...

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