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rather serious and remarkably serious charges here. remember, of course, as you said at the top, hunter biden's, not was not, and will not be the president united states. while president trump was, and wants to be. again >> he doesn't have security clearance. not even close. he's the president son. philip, i want you to fact-check something else for us. because, today i had several gop sources quick to send me new york post articles. new york post reporting right wing -- is trying to make a big deal out of a letter, a letter that joe biden wrote it to an associative hunters can you give us the truth about this famed letter? give us th>> right, so this letr apparently -- 2011 and -- >> so, 12 years ago. immediately followed president obama -- chinese premier to the white house and -- apparently devin archer and hunter biden who were i guess, queens is at that point, and i'm not sure if they were business in business at that point in time -- thank how to joe biden and joe biden had not --
>> dana, the standard is clear. the standard is navy versus egan a 1988 case a unanimous decision by the court and said the president's ability to classify and control access to national security information flows from the constitution. he decides. he alone decides. he said he didn't classify this material and he can put it wherever he wants and he can handle it wherever he wants and that's the law and that's the standard and jack smith can do these 37 counts and whatever he wants to do, but that doesn't change the standard at the supreme court in the unanimous decision said was that. he can classify and he can control access. he has the sole authority. >> in this indictment he states on at least one occasion that he did not declassify the information when he's showing a document to somebody that doesn't have security clearance, i might add. he says explicitly that it was
members of congress can't but there was really sort of this shroud around a president and their powers and so many things they couldn't be prosecuted for. the fact that all of this is happening now that he is simply a private citizen, one that doesn't have security clearance anymore, could that mean things are different as far as what he could be prosecuted for? >> you know, things are different. we always talk about how nobody is above the law, but when somebody is president, they have authorities and powers that you and i simply don't have, stephanie. i can't pardon anyone. nor can you. there's a department of justice policy, policy only not statute but policy, that says you can't charge, indictment a sitting president. they could charge you or me. so there are factors and facts about being president that just don't pertain to anyone else. but he's not the president now. and i think andrew makes a very strong case for why he should be treated just like anyone else and why the obstruction of