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Pardons? isn't it sort of an arrogant position by prosecutors to say, i'm going to try to frustrate the will of the chief executive who heads the very branch in which i work? i start off with that institutional argument. >> this is reminiscent for me sitting here listening to you and reflecting on a commentary i delivered a week ago where i was similarly analyzing whether it's proper for prosecutors to game out the timing of a trial according to the election calendar, i took the view that that's improper. do you see parallels between the two? >> i do, because in the prosecutorial ideal, you're...

The u.s. federal constitution and most state constitutions vest the pardon power in the chief executive, the president of the united states, and in most states in the governor. if you're a prosecutor, as i once was, you are working as part of the executive branch. whose job is it then to hand out pardons? isn't it sort of an arrogant position by prosecutors to say, i'm going to try to frustrate the will of the chief executive who heads the very branch in which i work? i start off with that institutional argument. >> this is reminiscent for me where i'm sitting here listening to you and reflect...

Mayoral challenger Shafiq Abdussabur has filed a lawsuit in state court seeking to get his name on the Sept. 12 Democratic primary ballot -- claiming that…

Indictment and used his key allies, his chief of staff, mark meadows. john eastman. so try to basically interfere in a serious of state elections notably georgia's, and throw the results into such chaos joe biden would not be able to be seated. >> devlin, what about the timeline? how does this indictment change the playing field for jack smith? you've got pretrial motions. arraignments for not only donald trump, but these other defendants. they're going to be running out of courthouses and he's got a campaign and you've got, you know, an election calendar as well.

Influence or influence on voting machines. that type of thing might be classified that might come from some other government entities, other members of the intelligence community. sounds like that type of stuff will be deemed sensitive here. there is an ongoing discussion and since it appears it is still midstream, i don't want to get into it just yet, but there is a discussion about the january 6th select committee in the materials that they were able to uncover and are those going to be treated as sensitive or not. we'll continue to follow this here as we talk. >> and, tom, i remember, it is...