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hey, everyone. it's 4:00 in new york. i'm in for nicole wallace. special counsel jack smith is a prosecutor that stays out of the spotlight. he prefers to speak through his fiings. that's why his laltest brief in the federal election case merits our attention. over the weekend, the justice department responded to trump's claims that he is immune from prosecution. what he did was within the scope of his duties as president of the united states. it's an argument that trump was taking to the courts in order to get the whole election case dismissed. the special counsel is speaking to the...

Prosecuted after they leave office. the special council is saying this matters a lot because accountability has to stand for something. just as the president needs to execute his correspondents, there has to be a rule of law. both sides are wrapping themselves in the magnitude of this case, which you just don't see that much in supreme court litigation. there's no question this case is serious, but i think both sides are acknowledging the really tremendous impact that it will have on our democracy going forward. >> my instinctive response that is how could you not talk about the stakes here, h...

Of cops were recently injured by protesters despite their protective gear the d.a. in that kais against the six cops has now asked the court to put a gag order on the cops charged in the recent death of suspect freddie gray. denying them any right to talk. let's start there. joining me judge nepal tan no. she's got some nerve. >> it's far astray from the first amendment for somebody in the government to try and silence her critics while she herself is free to criticize whatever she wants and politicize the prosecution. >> she stood out there for 21 minutes and in great detail maligned these gu...