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Naro was involved intermingled with personal documents and mementos. i guess maybe the worst case scenario for both is special counsel has been appointed in both instances to look into whether or not there is a criminal prosecution here. jon: we put together a list of bullet points of some of your remarks and i want to put those on the screen for our viewers. in the biden case you say there are no claims of any privileges where the former president claimed executive religion. we don't know how many biden documents are involved in the trump case, it was 300 plus. no relevant declassification au...

Documents. those last two points, take those on for us. >> sure, the vice president of the united states is not commander-in-chief and the law as it relates to declassification authority, the president of the united states, he can wave a magic wand, he can in the dark, silently to himself declare a document declassified. it's a horrifying practice and legal reality especially for our nation's secrets. you can take that up with article two, the constitution. as far as the vice president goes, unless the vice president was the one who was the originating declassification authority many he made t...

The moment as dan was saying. but look, in some ways, there are bigger questions legally around the fact biden has these documents and there are trump. you know, trump had declassification authority as president, and the presidential records act which he likely is violated in some way has only minor penalties attached to it. there is less flexibility in the maneuvering of vice president has to maintain classified documents outside of secure facilities, and so we'll have to see how that plays out because that is a big and important distinction between two scenarios. paul: but there's no chance ...

Left by a former obama official that those documents were taken. everyone was aware the documents were at mar-a-lago under the purview of the secret service and that those records were taken under the presidential records act. he had a basis for removing documents from the white house. none of that applies to vice president biden and what we are finding out is that documents that he didn't have authority to take that were classified and that he says he has no knowledge about are being found in multiple locations now. and so no one can attest to the security of top secret documents, sensitive c...

Handling classified material. >> particularly how the department of justice is handling a paperwork dispute with the former president trump, with former president trump, you know, there were ongoing discussions with the -- 'president trump about how to handle his paperwork disputes. they raid mar-a-lago. they set up a special counsel. here we have a joe biden who did not have declassification authority since he was only vice president at the time that he took these classified documents which is important distinction. here he had these documents for, what, six or more years? they were being mov...