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all of these signs, reports and indications that donald trump's team is at least concerned about a possible indictment in the doj classified documents case. that doesn't mean they've given up. that doesn't mean it's inevitable and we are not reporting on a future possibility. we are reporting on a current set of concerns and let me walk you through it. if indicted donald trump will be the first-ever person who served in the white house to be indicted for a federal crime. here's what's brand new and we've never reported this before, our cameras caught trump's legal team going into doj...

Attorney sara azari for more on this. the argument is they think he's covered by executive privilege and it's continued to come down to executive privilege in the bounds of that presidential power. what do you think of the trump team's legal argument here that it's executive privilege or if they allow it they should go document by document? >> i mean, kate, i think at this point i just shake my head and chuckle because they're on repeat, these arguments have failed. at some point an appeal becomes a lost cause. this was a lost cause from the beginning. number one, former president trump does n...