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Would he have the right to possess them if they were classified documents? >> yes. >> because -- >> it is such an interesting argument, but it just strikes me. what we're talking about here is potentially, you know, not only classified documents that relate to national security, but is that really the argument that they're going to take to voters, about whether or not that is right or wrong for him to do. >> if the republican primary voters only care about donald trump and do whatever he wants in office, that is an effective case. i'm not a lawyer, but i've read a lot of legal analysis, there ...

That is going to be vital to keeping america's operatives overseas alive, covert operatives and this is serious stuff and that is the argument you'll hear. >> and it is interesting if the arguments in court sound anything like what he just said. >> that is a key point. because it is not a crime to lie to journalists. but it is a crime to lie to judges, to investigators. and we haven't seen them put forth the arguments that they could de classify with his mind or an order that no one has seen. it is very different to make those in a court of law and we haven't seen that. so we'll be interested....

That trump knew what he had, and what he couldn't share. >> exactly. that is what makes this so significant. is on this recording, according to our sources, you could hear him not only describing a classified document but sug that -- but suggesting that he wants to share it and he acknowledged his ability to de classify once out of the white house and they undercut any defense since this investigation became public. >> what do you feel and what are you hearing are the tea leaves about where jack smith is in this process? >> we know at this point, there are two investigations. january 6, which ...

Assist and advise him. and trump's lawyers write it is the president's zeg ignition that is determinative. what is you're reaction to that. >> as you know, i was responsible for these issues in the office of the white house council in the obama administration. and it is just false. i mean, again and again we hear this same theme from the former president that he is above the law that governs all other americans. we have a presidential records act and there are regulations and executive orders that are in place. and it reminds me of his argument that he could de classify documents just by think...

Classified information. and they sort of mocked his inability to put forward evidence in the court that he had in fact declassified anything something that he responded to by saying he did it in his own mind. it is a full scale win for the department of justice that will now be able to conduct the investigation of the potential damage from the leak of classified information to an insecure location and then follow up with, if appropriate, criminal charges. >> so let me ask you something, you were just touching on was donald trump's new comments about whey sees as his power to de classify anythi...