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harry litman on what this means for the criminal case against trump. senator sheldon whitehouse on what it means for the rule of law. then, how do you stop gun violence from killing kids in schools? >> it's a horrible, horrible situation. and we're not going to fix it, criminals are going to be criminals. >> tonight, the maddening reality of a political party that has given up the awful truth of the cult of the ar-15. and an author describing what he calls america's slow civil war. "all in" starts right now. good evening from new york. i'm chris hayes. donald trump cannot stop losi...

Invoked the executive privilege doctrine and that his attorney advised him not to go to congress and not to answer any questions in congress. that concept is now going to be tested in an appellate court. this judge gave him the opportunity to do that. >> to that point, paul, bannon's attorneys earlier this week argued exactly that, they asked in a sentencing memo should a person who spent a lifetime listening to experts as a naval officer, investment banker, presidential adviser be jailed on relying on the advice of his lawyers. this particular judge said the answer to that question is yes but...

Contortions to find a legislative reason for that subpoena. they did this without notifying us. we came to the conclusion that they are still going to try to question those personal private conversations i had with the president of the united states and other senior officials in the west wing and quite frankly their scope - i'm between a rock and a hard place. >> for people who don't understand, mark is talking about the executive privilege doctrine which is a little murky. it hasn't been fully litigated at the level it needs to be litigated to determine the outcome here but what i found more ...

Subpoena. and i can tell you, they did this without notifying us. we came to the conclusion that they are still going to try to question those personal private conversations that i had with the president of the united states and other senior officials in the west wing. and quite frankly, their scope is way too broad. so we are going to challenge it. >> laura: sorry. for people who don't understand this, mark is talking about the executive privilege doctrine, which is a little murky. it hasn't been fully litigated at the level that it needs to be litigated to determine the outcome here. about w...

Something to hide if they try to claim these conversations were privileged. >> joyce vance, you get bonus points for bringing up the crime fraud exception to the executive privilege doctrine. >> thanks, ari. >> it's a host's, you know, privilege. nancy, the perspective of a former fbi official here, is he speaking on behalf of himself, the bureau, both? how does that work? i want to fit in a quick break and come right back to you on that question. please stay with us. you are watching "the point." and packages. and it's also a story about people. people who rely on us every day to deliver thei...