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Showing he was put on notice that what he was doing went against the law. >> explain why that would open a pandora's box. >> if you assert advice of counsel, you have to show that that was made on a good faith belief. he would actually, potentially, even the former president have to testify about what he was told and why he was operating under that good faith belief. the lawyers would have to produce documents, probably showing, we told him he was wrong. >> that means waiving lawyer/client privilege. >> that's a risky move. it's not something anybody in their right mind who want to do. it's be...

A preview of what trump's lawyers will be argued. his claim of election fraud will be protected by free speech. following the advice of his lawyers. our caitlin collins asked about three of those potential arguments. >> all conspiracies involve speech and all fraud involves speech. free speech doesn't give you the right to engage in fraudulent conspiracy. i don't think defensive advice of counsel is going to go forward because i think the president would have to get on the stand and subject himself to cross-examination in order to raise that and waive attorney/client privilege. >> what would h...

The case to florida. under federal department of justice guidelines for prosecutors, you are not allowed to do that. that's motion number 1. the president of the united states had his attorney/client privilege stolen from him by another obama judge who worked for pat lahe for ten years. that's motion number 2. motion number 3, one of the top prosecutors in this office is accused of extorts defense counsel for a codefendant of president trump by waving a federal judgeship in front of him if he could get his client to turn states' evidence, that's motion number 3. a general warrant, more motions...

I don't think the defense of advice of counsel is going to go forward. i think the president would have to get on the stand and subject himself to cross-examination in order to raise that. he'd also have to waive attorney/client privilege. >> what would happen if he got on the stand? >> i think, look, it'd not come out well for him. >> you think it would hurt him? >> oh, yes, yes. >> former attorney general bill barr on cnn last night. let's bring in msnbc contributor, our good friend mike barnicle. also, staff writer at "the new yorker," susan glasser. donny deutsch, "on brand with donny deut...

The concept of privilege in an internal investigation is critical. Two important privileges are the attorney-client privilege and the work product privilege. Unfortunately, both are...