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let me ask you another defense made by the president's allies. jim jordan made this repeatedly on sunday morning, citing a 1988 supreme court decision which says the president has the authority to classify and control access, the constitution gives him that power. but that's while they're president, not after, correct? >> that's correct. you know, that's the classic case that everybody talks about in this realm, but i'll tell you this -- >> i just want to stick on this case because it is what the president's allies are using so much. to argue it in the way that his allies have been arguing it that it gives him this right post-presidency is an inaccurate reading of that majority opinion from the supreme court, right? >> i think that's right, that it gives -- eagen talks about when a person is president. however, i do want to stress there is a case from amy berman jackson, you may also have had

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good point, innocent until proven guilty. we've not seen or heard the full fleshed out defense of the former president at this point in time. appreciate your time, sir, as always. let's bring in former federal prosecutor laura coates here with us. what did you make of that? what stood out to you? >> let me speak very plainly here, when you left the presidency, you don't get to have all the same things you had when you were there. if i move out of my house,ky not have the key still and go back anytime i feel like it and say i used to live here. i liked the bed can i stay a little bit. the same thing is true when you're talking about classified documents. you do not have the authority, he's absolutely right about the word authorization. that's going to be the key to all of this. did you have the authorization? did you know you no longer had the authorization to have the documents. he did not have any longer. one other point, evan corcoran, that is going to be extraordinarily important testimony, and he is absolutely right that they're going to have to probably relitigate what is going to be admissible in an actual court of law in front of

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the big question, though, phil and poppy is who is actually going to be at these different tables. we were talking about who the players are in this instance. you know, we know jack smith, of course, special counsel, whether he will make the personal appearance or not will be decided later. karen gilbert likely to be there, but the defense legal team as you already heard, kyou know at least one person. they've got to have somebody in florida who's going to be local to know the local rules. katelyn was right. you have to have somebody who knows the rules of jury selection, what are the nuances of this particular judge, this courthouse, this jurisdiction, who that will ultimately end up being will be a very interesting case. >> walt nauta, look, i understand the focus has been on the former president because there's no precedent for this, and he's also the leading republican candidate. walt nauta was also indicted. what do we know about his defense strategy, whether or not this will be separate trials, joint trials? >> we cannot underscore the importance of this being an

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of it. people generally were talking about that before because of the president's unilateral right to declassify documents when he's in office. however, i think it's relevant here based on the willfulness prong, that is did he know, should he have known something he was prohibited by the law, given the reading of the records act that his advisers have given him. it goes to the first prong whether he was authorized to have documents in the first place. one thing that's never really pointed out these days is traditional tli -- and you may say it's not directly relevant, but it's somewhat relevant, the tradition has been former presidents get regular intelligence briefings even well after they're out of office and all that. one thing we have to remember is there is something special and unique about the position of the presidency, whether it's a complete defense or not is a different question. there's something to remember about that. >> that's true, but they certainly have no right to show or talk about those national top secrets in front of people who have no classification, which is what's alleged here in terms of the audio of that meeting with the authors writing on meadows.

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counts, 18 usc 793 e. i think they did that in order to get around the idea of whether the documents are classified or declassified because they don't have to be classified for one to be guilty under that statute. how far, there are several prongs, elements to the statute including whether the person was authorized to have the documents, and this is where their defense of presidential records act is going to play into it and so on. there are a lot of legal issues to be fleshed out -- >> can you just say, i'm very curious, it's not cited in the indictment, the presidential records act has nothing to do with agency documents taken by the president. he has no records of saying these agency documents are my personal records, even if he did try and do that. where does the pra come in here as a defense? >> right, i actually have not emphasized this point. i've heard many other people emphasize it. i think the reason it gets less emphasis, people were guessing before the indictment came out is, again, because this classified element isn't a part

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snchts : the judge is going to ask you tomorrow how are you going to plead? are you going to say anything beyond not guilty? are you going to make a statement in court tomorrow? >> no, i doubt it. i just say not guilty. i didn't do anything wrong. >> that is the plea donald trump says he will enter today at his arraignment, adding that he will not make a statement during this initial court appearance. he does face 37 counts related to the alleged mishandling of national defense documents and an alleged scheme to conceal them from investigators. joining us now is attorney david schoen. he was one of trump's attorneys representing him during his second impeachment trial. he also represented ex-trump adviser steve bannon in 2022 after bannon was indicted for contempt of congress. it's really good to have you, good morning. >> thank you very much, good morning. >> would you agree that one of the biggest legal issues for

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they are perplexed by this constant stream of accusations that this is some deep state den of liberals who are out to get republicans. >> that is the thing, the den of liberals. >> i could tell you there's a saying that you check your politics at the door. that's kind of true. i mean, it doesn't interfere with your work, but you know the political leanings of your colleagues in law enforcement. you're torgether for hours on end. you're talking about news of the day. to look at the fbi, which is a quasi paramilitary type organization as most law enforcement agencies, it leans to the right, and so again, i talk to people all the time that ask what is happening here. of course they're not allowed to go out on television and say, by the way, these are lies. what are you people thinking about, so people can score political points off of them. >> that's a great point. can i ask you one question about another republican defense, this was one used by jim jordan in that interview but elsewhere. i keep hearing some of them say you can't have obstruction without an underlying crime. that's just -- that's not true. that's not true. obstruction often doesn't get

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much. ahead, former president trump's allies say this federal prosecution isn't fair. you'll hear their arguments next. is beach defense®, from neutrogena® more protection. more sun. more joy. the suncare brand used mt by dermatologists for themselves and their families. vital protection for all your days in the s with neutrogena® beach defense®

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career of actually doing the things. there's no cameras in here. can you tell us what we're looking at? where are these people going to be? where is the former president going to be? how does this set up in this moment? >> i'm going to paint the picture for you, phil mattingly. here we go. this is my own personal drawing. this is a different hidden talent, everyone. courtroom 133, even. the judge is going to be here, you're going to have different court reporters here. the jury box in this area over here, that's not going to be filled. that's going to be around the time you're talking about trial or the voir dire process. we're a long way from that. we're going to have here the different counsel and defense table. they're going to actually be able to stand here. normally it's the defense that's going to go closer at this area towards the jury box. it makes sense. we were talking about the idea of actual trial. you want to be able to have the perception immediately available to be able to see the person charged, et cetera. you'll have the other side the prosecution who will be in the courtroom as well.

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