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Gutfeld

speaking of polls trump wasn't too happy with his former press secretary kayleigh mcenany tuesday. he accused her of inflating desantis numbers during an appearance on something called the jerry watters show. writing kayleigh mick tows mcenany gave out the wrong numbers, i'm 34 points up on desanctimonious not 25. while 25 is great it's not 34. the rhinos and capitalists can have her fox news should only use real stars. i know real stars? i've been seaing that for years and they still won't hire chuck woolery. but, of course, that's trump. you love it or hate it, it's his persuasive strategy. you can get angry about it but i doubt kayleigh is so why should you. he runs on reciprocity. >> you say something good about him he returns the favor, you don't he will return that, too. it's fine but there is one flaw. he gives no break for time

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Morning Joe

what is relevant to the case. joining us in west palm beach, correspondent sam brock. good morning. >> reporter: willie, good morning. and speaking to that specifically, the breadth of documents that were removed from mar-a-lago, fact that here we are nine days later and foerl investigators are still sifting through them. this case is about to take place, about four hours from now, made for some strange bedfellows in terms of those that want to see the documents unsealed. you have the trump organization and the news medias, abc, cbs, but for different reasons. but what might actually happen today, legal experts tell us it is extremely unlikely and borderline impossible that a judge would hear guidance from the doj specifying that unsealing this affidavit connected to the search at mar-a-lago could compromise national security given the fact that highly classified documents are what is at the core of this

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Morning Joe

internet, it's the leadership of the republican party saying these things. if you get in and talk to people, do you think we're able to get out of this? >> yeah, that kind of rhetoric is incredibly dangerous. it has a huge amount of influence on people in the rank and file, everyday voters. in this case republican voters. one of the other interventions we found that is sort of the opposite of that kind of rhetoric and was effective for restoring americans, including republican voters' commitment to democracy, was a short video that the two utah gubernatorial candidates filmed in 2020 leading up to the election where they both committed to honor the results of the election and committed to, you know, the democratic process. and it's even kind of touching to see these rival candidates that are at some level competing, getting together, doing an add spot, cooperating and saying, we agree on the rules of the game. we have different ideas about how to run the state, but we agree the basic rules of the game. and i think if more candidates did that in more elections, that

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Morning Joe

he fulfilled his opportunity and the judge over seaing the case was not called in to help mediate any disputes but it is unclear just how much mr. giuliani may have cited attorney/client privilege when he was asked about any any conversations he might have had with trump. and we don't know if he's pleaded the fifth amendment at all to avoid self-incrimination. perhaps those details will come out in the days ahead but so far we have not heard a peep from the d.a. office. >> and in the middle of a heated governor race. tamar hallerman, thank you for your reporting. we appreciate it. some other headlines we're following this morning. the director for the centers for disease control and prevention is calling for a drastic change in the nation's top public health agency. rochelle walensky said the agency needs a re-set following missteps made during the kroed pandemic. the changes include steps to

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Morning Joe

is trying to hunt down a terror cell or a drug cartel, and you have the doj telling you we really can't release this. if you release this, it is going to be showing our hand. then that would undermine the investigation. it is something that i know what mike pence said, it is a political side note but there is no way mike pence would ever support law enforcement being forced to show their hand while in the middle of an ongoing criminal investigation. i think that is the important thing here, jonathan lemire, is this is an ongoing criminal investigation, and it is just not something that usually happens and i suspect it won't happen in this case either. >> yeah. it wouldn't happen in any case and it seems that much less likely to have one in so high-profile. one where there is already real targets and threats to those

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Morning Joe

president. that authority is designated to the secretary of energy and their designees. so we need to learn a lot more. but at least so far, and of course what is on the search warrant receipt, it just refers to binders, boxes, so we don't know how many documents might in fact be in those. so, i have had the fbi, when they've seized clients records of mine, or my clients' records, take months, i think i still have a client who hasn't gotten back files in six or eight years. but that is not going to happen in such a high profile case, obviously as the former president of the united states. >> so, mark, the espionage act has been invoked quite a bit over the last week and a half or so. a lot of people scrambling to familiarize themselves with that. how would that apply here. because you've sort of come out and said let's pump the brakes on that unless there is something to pursue there. >> you know, the espionage act

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Morning Joe

internal deliberations within his office when it came to his interactions with the form he president and his campaign. so far the judge overseeing the case has not been inclined to quash subpoenas. every attempt before him he has denied. at the same time when it comes to elected officials, he has been willing to set down guardrails so say okay, prosecutors, you're allowed to ask concern questions about certain topics but you couldn't step on legislative privilege and in kemp's case, executive privilege. >> so rudy giuliani was there at the fulton county courthouse yesterday for about six hours. that is an awfully long time to be there testifying before the grand jury. we don't know a whole lot about what he said. what are you hear being how his day went, though? >> we don't know a whole lot. an a.p. reporter caught up with giuliani at jfk and he was told

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Morning Joe

responsible if the facts justify will have an opportunity to challenge of some that information and the judge through the classified information procedures act which is a statute that applies to this type of case, will of course look at all of the documents, and make determinations as to whether or not their classified properly or not. >> all right. attorney mark zaid, thank you. he specialized in cases involving national security. we appreciate your being on this morning. >> so let's really quickly go back to elise jordan. you bring up a great point, sometimes some of the hillary mails were under-whelming. you've had security clearances, i have, too. there are times where, more rare, but there are times when you see things that actually your very glad that they're highly classified but at other times there are some things that you see that are very

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Morning Joe

justice department decision whether or not to bring charges related to whether or not there was a reasonable probability of conviction. but to swing and miss at a form he president, that really raises the stakes here i'm told from legal experts that it has to be ironclad, a slam dunk or they would not likely move in this case. of course, the attorney general merrick garland. >> so many brock live from west palm beach florida ahead of the hearing today at 1:00. thank you so much. so, joe, many republicans have called for the affidavit to be unsealed and they want out in the open why donald trump's house was visited by the fbi in a search last week. what do you expect to see here? a lawyer, a guy from florida and also we talked to dave aronberg who practices down in palm beach who said he sees no way the judge unseals this today. >> if you're a judge and you have the doj coming to you and let's say it is for insider trading, or let's say somebody

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Morning Joe

is a very confusing statute to people because when you hear it, you're like, oh, that means that the person is a spy. sure, it could. but the espionage act which dates back now over a century has multiple provisions. some of the provisions deal with old school spying, robert hanson, albert james, spying for the russians. other provisions deal with leaking classified information to the media. other provisions deal with the mishandling of classified information which would pertain to what we're talking about. but i'll have to even correct myself because so easily i say classified information. the act actually talks about national defense information which predates our current classification system. we equate it with classified information and i don't know of any modern case where's someone was initially prosecuted where the information, the national defense information wasn't classified.

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