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trial. >> reporter: can trump overcome this case? house judiciary chairman jim jordan will join me next. and political shock wave. the historic indictment further unsettles the presidential contest. >> it is a horrible thing for this country. >> i have never once suggested to the justice department what they should do or not do. >> reporter: will trump be on trial while he is on the trail? i'll speak to former impeachment prosecutor and democratic congressman dan goldman, ahead. plus, pardon power. one republican presidential candidate said he'd pardon trump if he wins. >> this i...

3:00 p.m. eastern and we expect the former president to plead not guilty either today or in a separate formal arraignment. we'll find out. much of the republican party has been rallying behind trump. >> they are trying to utilize the d.o.j. as an influence operation within the campaigns within elections. >> america is seeing a double standard. perhaps president trump should have gone after hillary clinton. he didn't. should joe biden be allowed to aggressively go after the former president? >> i think president trump has not been treated equally like everybody else in this process. >...

>> , that's not it. >> what else could would he be forgetting? >> kevin! >> and, when you're in a rush, sometimes you forget what you pack. and that's been joe biden's excuse for stealing highly classified documents. believe it or not, the white house is telling cnn joe broke the law because he was in a rush. he had trips planned on the last week of his vice presidency. joe was flying out to davos where he was meeting his bud chinese president xi jinping. i guess xi couldn't make it to the foothills of the himalayas. joe even flew out to ukraine to meet the ukrainian president. wha...

Pete aguilar said a few minutes ago. >> in jim jordan wants to continue to chase rainbows, that's fine. i don't think this is anything that the american public are too concerned about. i don't think that they are concerned about chasing a 10-year-old document in what jim jordan says he saw from a document or whistleblower. >> harris: what is your reaction? >> we're trying to get to the facts. when it comes to president trump we've asked for the scope memo that typically accompanies a special counsel. we want that. when it comes to this document regarding the 1023, make it public to find out wh...

Dose honest, which is he. for the first time in a long time there is blood in the water. mike davis is the president of the article iii project and a former senate judiciary committee chief counsel. so the doj scope memo that garland writes to her, this new special counsel, it gives this hur guy powers to do what any -- whatever he wants, investigate biden, handling the documents, blah blah, but he also could investigate anything that may arise from this investigation, like perjury, obstruction, destruction of evidence. is this where this thing could go or am i just being crazy? >> well, it's ...