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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...

i want to start on december 14th, 2022. a day we should not particularly remember. it was supposed to be a boring day for state electors across the country as they officially cast their presidential votes. as we know very well, that was not the case in seven states, including the state of georgia. >> democratic party electors met right up there in the senate chambers. they are official. they are certified. they voted for joe biden. but georgia republicans, they met exactly the same time behind those closed doors. they are not official, not certified. they chose donald trump they say ...

Him, but all roads point to deadly damage to either terrible financial damage in the financial trials are literally a loss of liberty. so one after the other and as you say, these are just the next two weeks. we'll go on and on. and interwoven withment campaign activity. all of them are potentially ruinous. certainly together they are potentially ruinous. i think it's unprecedented. >> a two-part question for you. first, just from a logistic standpoint. how does trump's legal team juggle a case load with a client, who is also as difficult as trump. we have already seen with some of these cases...

Prospective investors. >> we're at the point where we need people to come in under oath or go into more details. all roads point to joe biden, i think any reasonable american would see that. >> reporter: on capitol hill meantime the stakes are getting higher by the minute. so much so that what were once just whispers about a possible impeachment are now being discussed out in the open. >> if you're sitting in our position today, we would know none of this if republicans had not taken the majority. we've only followed where the information has taken us. but, hannity, this is rising to the level...

Bes. ecadez jo >> well, that that would be proven. >> well, i think we're getting closer every day. we're at the point now in the deposition phase. we need people like devon archer to come forward and tell us what they know. we already have bank records. we have emails, we have text messages, we have phone recordse . we have testimony from other people. so we know a lot about what joe biden's involvement was. we're at the point where we need people to come in under oath and go into more detail, because i think all roads point to joe biden.s .2 j i think any reasonable american would see that. ...