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now and we're told he will stay at camp david preparing to take on former president donald trump at the cnn presidential debate. president trump has called for biden to take a drug test before thursday night's event. trump also says he would take a test. a new editorial piece predicts biden will go after trump on abortion rights and try to paint him as a threat to our democracy. the columnist with that op-ed rights former president trump will take aim at biden's border disaster, inflation and make note of any odd moments that biden has on stage which could further fuel the questions ...

This sort of nda in the white house. correct? >> yeah. at least as it goes beyond classified information. >> right. >> now, also they may be in a little more trouble because of this alleged 2016 campaign nda. the campaign is not a part of the government the transition wasn't a part of the government. so we're going to have, what a surprise with this administration, a novel issue and arbitration could be like the wild, wild west as to how it's adjudicated. we're going to have a six, apparently, if she signed it, the 2016 nda says she can't disparage the trump family during the time of your serv...

Prosecutor, you never want to hear a lawyer like me say that presents an interesting novel issue. you have to avoid novel issues like that. >> those of the transition were not quasi told their e-mails were government property. they were directly told by the gsa deputy counsel, the deputy counsel, that these e-mails lived on servers and subject to monitoring and be no expectation to privacy. does that matter here? >> no, because, you know, you're told that routinely. i'm told -- i guess i'm on the harvard law school server and somewhere in fine print there must be a statement saying harvard has...

Because he's a private citizen. on the other hand, he's a government official for getting, not getting a warrant. you can't have it both ways. clearly, anybody in the transition team is in a quasi public, quasi private position. there is no case law on this. the last thing you ever -- when you're a patient, you never want to hear the doctor say, that's an interesting symptom. and when you're a special prosecutor, you never want to hear a lawyer like me say, that presents an interesting novel issue. you have to avoid novel issues like that. >> they were not quasi told that their e-mails are gov...