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And that is certainly the case if these allegations are true in the way that he handled that document, showed it to or talked about it to the folks in that room. so, i think it's still problematic for him. >> it also has another advantage for prosecutors to bring it. even if it's weak on the retention aspect, it's what we call charging the bad conduct. before this audio tape, which is so damning for trump, there could have been a fight over whether it gets in or not. but by charging the document he's allegedly waving around, it's much easier to get an audiotape, and they know jurors like audio...

The reporting will bear out if it was true or some other circumstance. those are the ones i think are possible. >> paula and i have been trying to track this document and its origins down for weeks if not months now. we were kind of being told by sources, maybe it never existed. maybe it was a paper dinner cou been holding. now it is clear that is not what it was. >> it is clear that it has been in the possession of archives, which is make it harder to successfully prosecute willful retention. we notice that all the other documents that were given over to the archives have not been charged. we...

Insight on that. the trump team team saying merrick garland, the attorney general belong in jail. they are prosecuting trump rainout to possibly bring another indictment and he is saying he belongs in jail? >> not going to help with the judge in this case. federal judges don't take kindly to defendants lashing out at a prosecutor personally or the attorney general. once again, that may play well with his supporters and his base, it will not work well for him and course. as for the document, you are right, the fact that he turned this document back undermines a little bit the case on willful re...

In your lap, another entire addition to that case? >> look, i tend to think that that document, that 30-second document, is a real problem for the defense team. and i think it's a real problem because in that meeting, there were discussions going on about that document. and they're able to now go to witnesses and say, was that document present in that meeting? and whether the president claims it was classified or declassified or whatever it is, that's all going to get sorted out. but the bottom line is, if it wasn't declassified and he can't show it as declassified and he was showing it to som...

Teams. and it is possible they added this just to make a point to the former president. >> can i also ask you, though, because the other thing we're hearing from trump today -- and please add what you would like on the documents. also the comments from trump today saying jack smith, the special counsel, merrick garland, the attorney general, belong in jail. jack smith is prosecuting trump right now, about to bring another indictment, and saying he belongs to be in jail. >> not going to help him with the judge in this case. federal judges don't take kindly to defendants lashing out at the prose...