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For in the first place. they called for documents with classification markings. regardless of whether they're accurate or not. >> that is all distraction? right >> what is interesting is that this was sort of trump being trump. which is he asked for a special master. gets the special master. and then refuses to cooperate with the special master. and one of the oddities about this, we talked about this 50 day off in the mid term. is that it is going to be thanks to donald trump and donald trump alone that we talk about this every day between now in the midterms. -- long after the conversation t...

Classification markings. regardless of what they were actually but -- >> that's all distraction, right? >> it's all a distraction. and what's interesting is that this is sort of just trump being trump, which is he asked for a special master, gets the special master, then refuses to cooperate with the special master, and it's -- in a, one of the oddities of this. we talk about this 50 days out from the midterms. it's not it's gonna be thanks to donald trump and donald trump alone that we talk about this every day between now in the midterms. >> i gotta talk about it. but just want to give folks...

Let's start with you. your reaction to this new york times reporting that trump knew there could be legal troubles if he didn't return legal documents but refused to anyway. what do you think? >> don, you and i have been talking a lot the last several weeks about the importance of proving knowledge and intent. as i described on the show, one of the most difficult tasks for prosecutors if you have to establish beyond arenas nimble doubt not just the duck arguments for their. that's easy to establish. but donald trump knew they were there, and that he had a criminal intent. well, if you have a r...

Materials among the documents are witches with classification markings comprising 700 page. it's 15 boxes, all stored in the basement with the highest level security classification. this is all recovered in january. in top of legal consequences here for trump, and those around him who knew about these documents. >> right, so, i think the legal consequences are actually significant. and the reporting here is that the department of justice initially kind of bulked and said is this really what you want to go after? and the national archives said no, this is actually quite serious. and again, for ...

With the application of our lives. there is a guy but after 2001 he went to the national archives and he showed them in his hand in his crotch and in his socks and backside. he walked out with the. they did not use the espionage act with the security classification taken for three years and is fine. that is it. hillary clinton and then james comey on tape admitting she violated the law and deleted e-mails. top-secret top clearance e-mails repeatedly destroyed them on her server.