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documents found by the fbi at trump's private residence and golf club. they dismissed the criminal investigation as a document storage dispute that has sfie ruld out of control. most notable aspect of their filing, trump's lawyers tip-toeing around trump's claim that he declassified any or all of the documents. it's a claim for which they can't and don't provide a single shred of evidence. instead, saying this. quote, the government has not proven these records remain classified. that issue is to be determined later. "the washington post" notes, a section of their 21 page filing does...

I think anything under the espionage act which is section 793f of 18 united states code could be justified. >> a trump administration could open this case and relook at these charges. however petty that might seem to some. >> with whittaker in and mcgahn out, our big question is what happens when there's no one else left to tell the president no? joining me kelly o' donell who joins us from west palm beach and kimberly atkins and chuck rosenburg. kelly, has the white house commented on this report? >> reporter: still no comment from the white house on this. it is in some ways not

That the president on the one hand is very angry at don mcgahn for the 30 hours he spent purportedly because he was concerned about being set up, so he went in and gave apparently very detailed interviews to the special counsel's office. but none of that would have happened or at least not all of it would have happened had they asserted executive privilege. the president, as he said on that tape that led into this segment, waived executive privilege. he's angry at don mcgahn for something he did. >> that's common. >> do you think that with mcgahn out, there's a greater chance, jeffrey, that he...

Very fine people on both side. you had people in that group -- excuse me. excuse me. i saw the same pictures as you did. >> who has never stopped attacking nfl players protesting what they see as systematic bias against people of color. >> wouldn't you love to see one of these nfl owners when somebody disrespect our flag just say get that son [ bleep ] off the field right now, out. he's fired. he's fired. >> this is the president who reportedly still clings to the racist birther lie that president obama was not born in this country. so on and so on and so on. so no. it's not surprising that a ...

Of the complications here is that the president on the one hand is very angry at don mcgahn for the 30 hours he spent purportedly because he was concerned about being set up, so he went in and gave apparently very detailed interviews to the special counsel's office. but none of that would have happened or at least not all of it would have happened had they asserted executive privilege. the president, as he said on that tape that led into this segment, waived executive privilege. so he's angry at don mcgahn for something he did. >> that's common. >> do you think that with mcgahn out, there's a ...