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Permission from Judge Chutkan Jack Smith released a filing with never before seen evidence he has compiled against Donald Trump in his investigation of the federal Election Interference Case. It begins with the defense of Jack Smiths entire case in light of the supreme courts immunity decision which divides official acts from private acts, giving president s immunity for official ones. It reads in part, quote, the defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 president ial election, because he claims it entailed official conduct. Not so. Alth...

standard, and i used to be deputy chief of the criminal division in the southern district of new york, i wouldn't have touched a guy like michael cohen, especially if he's a convicted perjurer. >> that's robert costello after testifying in manhattan yesterday, and he could be the last witness the grand jury hears from before voting on an indictment for the former president. we'll break down what's next in the case in just a moment. meanwhile, more members of the oath keepers are held accountable for the violence on january 6th. and also ahead, what we're learning about the first fa...

Than jim has. i don't recall democrats not trying to over reach. i thought the clip we didn't run which said, this is not your money and that is how they get away with it. they are spending other people's money. what about the claim that republicans are over reaching here? >> the one i made in one of my columns actually. i think it is a valid thing to say. we remember how the republicans over played their hand with bill clinton impeachment process. they managed to end up being less popular with someone who has had an affair. they have a history of doing this. some of the things that darryl iss...

Reason that lerner tried to take the fifth is not because there's a rogue in cincinnati, it's because this is a problem coordinated inll likelihood right out of washington headquarters and we're getting to proving it. >> did he go too far in calling jay carney the president's press secretary a paid liar? >> yeah. he's actually done a very good job on benghazi and all of these issues of trying to find the truth. he's right. ms. lerner didn't take the fifth amendment because it was some rogue. i don't know where this goes but it's very disturb that she would take the fifth amendment and the prio...

Federal court. there are only 27 nominees pending. the president has not nominated anyone to fillmore than half the seats. so he's responsible for some of those vacancies. as for republican objections to the rest? >> that's one more example of our government's basic inability to get anything done. >> if the judicial fight is another way for the president to try to refocus the conversation away from the recent controversies and focus on congressional inaction, a topic that really does bother the american people. another way the president did that today. he flexed his own executive muscles and i...