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Anyone have access to the box or file folder, was anything compromised. and, yes, it may even involve interviewing president biden to see what he may or may not know. publicly so far he said he doesn't know anything about this. it wouldn't surprise wait to s investigation goes. >> what makes it a crime? i assign intent is a part of it. is the number of records, sensitivity of the information, what are the thresholds here? >> so this is where law and policy and practice may all diverge. on its face, having a classified document at home, even if you want to look at a book like "no easy day" the ...

>> merrick garland has assigned an independent investigator, a u.s. attorney in chicago, to look into this. what is he examining? is he looking for an chant? where does he start in a case like this? >> it's going to be fairly straightforward, though perhaps somewhat complicated as it was over a period of years, i guess 2017 when the files were placed there, presumably. although they date back to 2013, so we don't know how they got into the box. but he'll essentially be trying to trace back, how did those files get into that folder, which was mistakenly labeled personal items, or intentionally ...

Locked closet? who had access to the locked closet? did anyone have access to the box or the file folder? was anything compromised? and yes, it may even involve interviewing president biden to see what he may or may not know. probably so fire publicly he said he doesn't know anything about this. it wouldn't surprise me, but we'll wait to see where the investigation goes. >> what makes it a crime? i assume intent is part of it. is the number of records, the sensitivity of the information, one of the threshold here? >> this is where law and policy and practice may all diverge.

Constitutional. other vice presidential. but those are all known. what is left to investigate? is jack smith just gonna come to the doj and pick up the file folder. and pump through it himself? or is there even any independent investigation let's to be done on the either of these issues? so, in terms of simply spending resources, i really wonder at the necessity of appointing a special counsel to investigate something that, everyone has already investigated and appears to know everything there is to be known about it. >> let's go old-school law school you and i right now, and i'm in a push bac...

Now that the justice department thinks or says they don't have all of this stuff, how does this process work as far as you know? >> so this whole issue is absolutely crazy. the fact that we have to sit there, and play this game with a former president of the united states. i want my documents back? he's not entitled to them, first and foremost, they are not his. second of all, we know he has more documents. we know that because in the file folder, it specifically states them row documents in their. well obviously, there are more that are out there. on top of that, we should find out whether or...