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Defenses here, defense attorneys say, look, our clients were there fwaskly as hired security. i wonder how strong you think that defense may or may not be and ohio effective do you think the prosecution was at poking holes in it? >> so it's a fairly common tactic when prosecutors make their opening argument. you don't want to make the defense argument for the defendant but you want to poke holes in. i think the defenses don't carry water. the first argument we were just there for security or waiting for donald trump to invoke the insurrection act. the fact is donald trump did not invoke the in...

For potential future prosecutions. and i do think that the defense argument here has to be, you know, these folks didn't go into the capitol. yes, they were maybe they said these things and they didn't really mean them but there was some planning but they didn't blan to go through with it or abandoned that and they weren't involved. >> well, they were involved. there is no fact -- no factual question about that. but, yeah, it is going to o be very interesting how, what the bar is and where the jury falls. thank you for getting us started on that. >> thanks to all of us for joining you today. w...

0 from the company that powers more businesses than anyone else. call and start saving today. comcast business. powering possibilities. and good day. this is andrea mitchell reports in washington. the affidavit the justice department used to win approval for the fbi's search of mar-a-lago is being released at any moment by order of the justice department approving it by the federal judge magistrate on the case. much of it is likely to be redacted to conceal critical information about sources and methods the government used to persuade the judge there was probable cause for him to -- of poten...

Sherrod case. that's why it only took a couple days for them to put in. it's essentially like, and they analogize it, to a parking ticket. you get it, you either dispute it or you pay it. you don't ignore it. the only thing i would say about the kind of argument is most jurors are regular folks who hate parking tickets. so maybe the government didn't want to get hand-in-hand with the concept of a parking ticket. >> you're such a defense attorney. you're so funny. [laughs] you're like, but maybe -- that would've turned off some jurors, and that's a really fair point actually. i should note. you...

>> dana: [laughs] the government puts on its own case and exhibits and no cross examination no defense argument, i would have been 1000-0. >> dana: mary, you mentioned a couple times today that the process is not something that should really be focused on, but it is the substance. we have seen the substance, but what we are hearing from the lawyers in particular, they are saying it doesn't feel like the process is fair or right or legitimate in this setting. >> look, we can have debates about the process, and i think the republicans tried to put people like jim jordan onto the committee, and j...