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special counsel jack smith is looking for in the classified documents probe. as with the $5 million defamation and sexual abuse judgment against donald trump, his own words are once again being used against him in a court of law. this time we're of course talking about that stunning february 2021 audio recording. donald trump bragging about a secret document with plans to attack iran at bedminster. to a writer working on a book, the discovery of that recording according to report from "the wall street journal" we discussed on this program last week, we know was a watershed moment tha...

>> good evening and thanks t at-home for joining us in th special edition of alex wagner tonight. we are coming up on the tw year anniversary of the januar 6th attack, and i think all of us at this point have memories of that day seared into ou minds, where we were what we were doing even after all these times past i mean, almost all of us hav those memories as it turns out, a few peopl have no memory of that day a all, apparently. here is an excerpt of deposition of one of president donald trump's persona secretaries, who worked just outside the oval office, testifying to the januar...

unilaterally subvert democracy. >> also this morning, new photos obtained by abc news show vice president pence and his family in hiding on january 6th, after pence was rushed off the senate floor. you'll remember by secret service as rioters broke into the capitol. >> i think the public probably is not aware of how close a call this was. the rioters came very close to capturing the vice president and i think there is very good evidence that they would have done harm to him, perhaps even killed him. so this was a close call. >> that was congresswoman zoe lofgren who sits on that sele...

>> reporter: it will all focus on the pressure on mike pence to take that unconstitutional action on january 6, 2021 to overturn the electoral certified votes of the states here on january 6, something of course that he rejected doing. but going to the genesis of how this theory first came about. looking at the trump attorney john eastman who is a prominent supporter of this and directly tie donald trump's words to the violence that occurred on january 6 as words about mike pence into exactly what happened here in the capitol. now, two people will be testifying who are very close to ...

The supreme court to be tested until they had their victory and overturned roe. will this deter the john eastma? is it decisive or is there anything in clarence thomas's dissent that means they'll keep pressing on this. >> i'm not sure anything will ever deter john eastman, but nicolle, i think it's important that this opinion, this was a 6-3 opinion, but it was actually 7 to 2 on the merits of the independent state legislature theory because justice alito didn't take a position on it so there's at least six votes right now that are saying we don't buy these kind of election shenanigans. to me...