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Indicted, highly classified documents in bathroom and the ballroom down at maralago. And federal judge aileen cannon, the Trump Appointed lawyer who came to this case with only three years on the bench and with very little experience in running criminal trials. Cannon whose rulings in the case so far have repeatedly drawn scrutiny and reversals and rebukes by higher courts. And now judge cannon is under fire once again for what the Washington Post diplomatically calls, quote, an unusual order regarding jury instruction. Quote, even though cannon has not yet ruled when the trial will be held or...

Saying the judge told the jurors that he has concluded as a matter of the law "that the defendants are not liable, too. you decided the facts, i decided the law." again he's saying thank you, jury, thank you for deciding this, i decided the same thing and i was going to supersede any decision you made, thank you very much. >> emily: almost like teeing up for appeals, on one hand did it this way, the other hand this way, so crossing the ts and dotting the is. judges have purview over the law and the juries over the fact analysis, the appeal situation seems to likely drag on and remains to be se...

Which the constitution says he shouldn't do. >> if it's authorized and appropriated. >> that's the argument. >> that's a question a court will address. he's going to start with the authorities that are most defensible. and i think that will build momentum for the wall he promised. >> all right. matt gaetz a busy night. thank you for making the case. i appreciate it. >> happy valentine's day. >> you as well. that's the politics on this. people are against and saying they're for. the law will have a role here. more than ordinary in politics. there is an act of congress. if he declaring a nationa...

Think that will build momentum for the wall he has promised. >> matt gates, it's a busy night. thank you for taking the time to make the case. i appreciate it. >> thank you. happy valentine's day, again. >> you as well. that's the politics on this. this is why people are against and that's why they're saying they're for. the law will have a role here more than ordinary in politics. there is an act of congress if he declares a national emergency and other statutory language as well. but it's not the end of the fact analysis. i have it all layed out for you, next. things happen. and sometimes yo...

Question. petty or principled? >> yeah, i don't know that -- you know, john -- not john mccain. donald trump ran for president as a practicalist. i don't know that he ascribes to that, and he endorsed john mccain in his last election. >> yep. >> in 2016 against a conservative. and i think he expected to build a relationship off that. that didn't happen. john mccain was, of course, one of his most critical people in the republican party. but at the same time, look, the notion that there was some opportunity to unite the country here, i think, is really quite silly. and when veterans organizatio...