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Neither politically motivated nor designed to strengthen president biden's political hand in 2024. that is the jarring dissonance between the subpoena and mr. pence's characterization of it. it is mr. pence who has chosen to politicize the subpoena, and not the doj. the legal titan who advised vice president pence and the most perilous moment of his career is now publicly questioning pence's legal strategy, which is probably as good as mine as any than his legal argument maybe perhaps. joining us now to figure all that out is barbara mcquade, former u.s. attorney for the eastern district of mi...

Insurrectionists and spreads big lies to the american people. having voted not to certify the election of president biden and, in fact, he's one of those extreme maga republicans in the house focused on baseless conspiracy theories. >> yes, the xenophobia and the nativism and the race baiting is not even subtle in the commentary, calling you a ringleader, suggesting you are dragging along other chinese american members, and you are not loyal, either loyal or competent, questioning your ability to serve in congress. there's a lot to say about this. but for those who have -- who did not hear you...

Antiabortion movement has fired up. and it's having some success in the court. i mean, what is your estimate of what this does, in terms of pressure for the federal republican party, which is to say congressional republicans to move forward on the federal ban? >> i think we will see if the republicans get control of congress that the next election, they will surely be -- the question will be whether there is a president and blaze who is willing to enact it and sign it. again, you are exactly right. this is an episode of minority rule. there is mitchell therrien support in every state in the un...

Political environment. and i will say, i mean the early voting numbers in states across the country do reflect the polls that we see, which is that 75 or 70% of people are very enthused and very eager to vote in this election. so the question is, what side does it come on? i know i haven't really given -- tipped my hand in what i think or what these people think but republicans and democrats see this race as being completely different. >> and campaigning differently. let's talk about election denying ax lot of these candidates have either questioned or denied or in the case of zeldin, has vote...

How do justice department lawyers surmount that? in this way, katy. privileges whether executive privilege or attorney-client privilege are not in vialable, they are not invincible, and we know from the 1974 supreme court court case, u.s. v nix physician you have an ongoing federal criminal grand jury investigation, or some other compelling reason to sort of puncture the privilege, then the privilege gives way. now, you have to litigate it. sometimes you have to litigate it on a question by question basis, but does the grand jury tend to get the information it need, privilege notwithstanding? ...