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suggest that. >> is there any evidence to suggest that the presidency was what they were focused on? >> there is some evidence of that. there were people saying we don't want jefferson davis to be elected president and there was also one of the drafts of section 3 specifically mentioned the presidency and the vice president. >> but it wasn't the final enactment. >> right. it wasn't the final enactment, but it shows there was some concern about some people about confederate insurrectionists ascending to the presidency. we look at the historical evidence and pick the evidence we like a...

classified documents. the special counsel found evidence that president biden, quote, willfully retaineds classified materials found no reason to press criminal charges. drew distinction between the criminal probe of handling of documents and his findings regarding president biden. the long standing justice department priniple that you cannot indict a sitting president does not apply and would not bring charges even if joe biden were no longer president. we'll have more on that later in the program. we begin with a hearing at the nation's highest court. an historic hearing for some v...

As the chief deputy whip. we have a lot to get to with you. i want to get your quick reaction to those handwritten notes, and what the president told the deputy attorney general and attorney general who's acting attorney general at the time saying to just call the election corrupt, and then the "r" congressmen are going to take care of this. >> i mean, i think we have to keep in mind, these were in the days leading up to the insurrection on january 6th. so it's very difficult for me to separate those events. but stepping back from it it's important to think about this, this was not some random...

Call didn't happen. what republicans say instead is democrats have wanted to impeach the president from the beginning. what's wrong with that argument? >> because it's not true. listen. that's the kind of argument they make about process or any other kind of a distraction or deflection point of view instead of dealing with the substance of it all. i've heard very few republicans throughout the course of all of this actually defend the president's behavior. in fact, mostly they deny it. and as a consequence, it's very difficult to have the debate that we ought to be having which is to what degr...

Prosecution with a pardon or a commutation, the constitution grants him the extraordinary authority in the area but at the same time president needs to let the system work so that people have confidence in the system. as they commander-in-chief they are always trying to balance those two things. >> melissa: but the argument from them is that the system wasn't working. if you look deeper into the ca case, you've done things, and they wouldn't be fitting of the military. >> jessica: i understand that there are critics of them military justice system. but we have a justice system for this purpose...