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tapes that prosecutors played during day it woutwo of the sed trial from an alleged 2020 oath keepers meeting. >> members were secretly recorded by a meeting attendee. they talked about bringing weapons to washington and being prepared to fight for former president trump. whitney? >> reporter: a new recording released by the department of justice by an alleged november 2020 planning meeting of the far right military were group the oath keepers. >> if you're going to attack people, don't be afraid. go there in large numbers. that's why we need to be there. >> reporter: federal prose...

So big. first of all it, involves the former president, materials from his estate at mar-a-lago, materials that the department of justice says have national security implications. so it's all cloaked in everything that has to do with donald trump and it comes to the supreme court at a time when the court itself is under intense scrutiny because of how much it reordered national life during its most recent term but the actual question was very narrow and the department of justice does not want to turn over to the special master for review and the departments says there are national security imp...

Needed some intervention. as we approached midnight last night with people in texas on both sides anxiously waiting and the national audience, the court said nothing. the justices could be sitting in their respective chambers although right now they're in recess and thinking, well, this is confusing, it's complicated. >> isn't everything always confusing and complicated that makes it to the supreme court? >> it does signal this abdication of responsibility because this is their role. to your point and jeffrey's that this is complicated, maybe it shouldn't be handled in an emergency posture. ma...

And she's pregnant. that is a difficult situation. i recognized and tried to understand that. as a judge, not the policy maker, i tried to understand whether the government's policy was consistent with the supreme court's precedence. i did the best i could. i said, some people disagree with those precedents and think those kinds of statutes should not be allowed. but i had -- precedent is not like a cafeteria where i can take this and not that. i had to take casey in completely. casey reaffirmed roe -- >> i have some other questions. please -- >> it's an important question and -- >> a critical...

And she has no one to talk to and she's pregnant. that's a difficult situation and i specifically recognize and try to understand that and as a judge, not thepolicymaker. i try to understand if it is consistent with the supreme cou court's precedent. i did the best i could. some people disagree with those precedents and think that those statutes are not allowed. i had to take casey in completely. >> some other questions, please. >> it is an important question. >> it is a critical question. >> i did my level best in an emergency posture so i had basically two days to do this case. >> 2-1 unbunk...