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Damn knew well none of it belonged to him. >> well, if he didn't know, he certainly should have. i think that's exactly the right point, e stephanie. i'll add to that the fact that as this document the justice department filed made clear tonight, theseed documents that they seized from mar-a-lago were not just held in the storage room where trump's lawyers had told the justice department they were goinghe to be but also in trump's personal office and in his personal desk. the idea he didn't know he was holding on to classified information and they were sitting in hisan desk, in his office, not...

Documents belong to trump to begin with, so what grounds does he say bring them back to me, they're not his? >> well, stephanie, don't confuseie attorney/client privilege with executive privilege. some documents might actually be communications between trump and his attorney and the government already said we found a few of those, small subset and set those aside.e with respect to executive privilege, i don't think that trump will have any leg to stand on. here is why. communications between a president and his or her i hope her one day very soon top advisers can be privileged under certain ci...

Filings, those classified documents from mar-a-lago. and i think had a pretty good reason for going down there. i think make an argument that with regards to executive privilege is where this is all going to go. the trump team is going to make thisak about more than just attorney/client privilege information, a subset of these overall documents and try to make this about this idea of executive privilege and try to insert another trip wire in here but doj is arguing it's not necessary. they set aside those attorney/client privilege documents already. >> okay. because you brought up attorney/cli...

Isn't that true, stephanie? is it true because they're just really bad lawyers and they didn't do due diligence? is it true because they asked trump and trump lied to them and they repeated the lie? did they know it was a lie? or did they not know it was a lie? or did they actually have eyes on these documents and wrote a letter to the department of justice that was false? so, again, this is why you do investigations. could the lawyers be on the hook? conceivably yes. do we know that now, not yet. but, matt's really important pointt' and i want to put anoth sort of gloss on it, is that we alwa...

Privilege for a former president, but by and large the courts have said that's just not true. so twoot different types of privilege at issue here. attorney/client privilege and there may be some merit to some of that that some documents are genuine communications between trump and his attorney and the government has said we already found those and we set them aside. with respect to executive privilege, i think that claim has to fail because mr. biden has said he will not assert that on behalf of mr. trump and those documents. >> matt miller, what are you thinking tonight? >> as usual chuck lay...