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Secure facility while they worked that out. did the trump team tell them to pound sand, that they weren't going to turn anything over. that's what's in the affidavit. the other thing that is curious ant this is in fact the delay with tssci material. this material comes with covers that clearly delineate this level of classification. when something is declassified, you literally scratch out or put a line through the classification. which is a little odd, we know in the hectic days following january 6, there was an effort to declassify material. it's not clear if staffers -- first of all, if the...

Gaps in the information but perhaps new information as well. >> a lot of smart lawyers are saying it's really hard to prove donald trump broke the law or prove criminal intent of breaking the law. beyond that, let the justice department look at what it looks like. the house oversight committee. if you read this "washington post" reporting. even with documents marked classified, prosecutors have a high legal bar to get to criminal charges. prosecutors have to prove someone mishandled the material, was grossly negligent in doing so. and trump as president could have unfettered latitude to declas...

All of this has always been a challenge for people who are, at minimum, trying to preserve a record of a presidency that's obviously come into sharper focus with the january 6th commission. >> want to talk much more about those call logs and absence of calls in a moment. what do you make of this new reporting from wash post that some of trump's records were taken to ma la goe, they were clearly marked classified including documents at the top-secret level? >> so, i saw that report. we reported at "the times" last night that, you know, there is at least one document that was believed to be clas...

Whistle-blower protection act which keeps us all safe. and secondly, we should not assume because we really do not know what this is -- we do not know what this is, but we should not assume it was simply an act of the president sharing classified information with a foreign leader because he possesses the authority to declassify material. therefore, if it was him and we don't know, it's probably something else. and thirdly, of a serious nature, of a flagrant nature, that's the law. and thirdly, i think we just have to stop and pause here. what inspector general michael atkinson did is frankly a...

Of the information. on the secret side if that information is a little less sensitive, if it's disclosed without authorization it could cause serious damage to national security. not quite exceptionally great but still serious. that information on the secret side is a little less detailed. doesn't have quite the same nuance. doesn't get into sources or methods and doesn't provide the reader a sense of where that information came from, what sources and how we got it. there will be no access to the full president's daily briefing with just secret clearance. that said there are articles and mater...