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Cited several possible charges including conspiracy to defraud the u.s., deprivation of rights under a cover of law which applies when someone uses power to deny constitutional rights, and witness tampering and obstruction of an official proceeding, the january 6th electoral council certification. >> this goes to the top of the most serious charges the president will face. this is of a constitutional dimension. we have never seen anything like this in the history of our country. >> reporter: the obstruction count was used against more than 300 defendants in the capitol riot. the d.c. grand jur...

There are certain individuals, the employees who could be part of an obstruction count. but as far as a larger document retention co-defendants, that's not something that i've seen yet, but certainly something i would be interested to see. >> you, since leaving the legal team -- and i want to hear what laura has to ask you of this as well -- have criticized who the current legal team is. do you think the current legal team he has right now is prepared to handle this documents investigation out of florida? >> so, when you said the current legal team, john rowley, jim trusty, lindsey hal gann, i...

People should be looking for. we may know as soon as tomorrow. maybe longer. is, is there any evidence of dissemination? is there any sort of thing that says this was not just illegal retention. but also dissemination? so far we're not hearing that. because it's not been indicated as as separate type of crime. which could be. and obviously, the obstruction count could be quite devastating and the way that it is articulated by jack smith in the indictment. because it really could go through chapter and verse. far beyond what we understand. so far. because he has talked to so many witnesses. it ...

Criminal prosecution. and the department is under no obligation to adopt the house committee's conclusions. one charge that both the january 6 committee and doj prosecutors have placed at the center of their work is obstruction of an official proceeding before congress. prosecutors have already used the obstruction count and nearly 300 criminal cases to describe how the rioter who's stormed the capitol on january 6 disrupted the certification of the election that was taking place there during that joint session of congress. joining us now, msnbc legal analyst danny savalis. danny, we saw the...

>> it's three or four pages in the report, there are boxes. on the left, the box says, here's something that he was told. -- there was no fraud with voting machines. the next box is the next day, he is lying again. after he's been told again and again, you lost, there's no evidence. this is bad. he just repeats the lie. >> why does that matter? >> on the obstruction count and the conspiracy count, that intent. did you know, were you advised that thing you are doing is lying? like george had said, those are the two most straightforward charges. here, insurrection is going to be interesting lega...