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cnn exclusive reporting tonight. the trump legal team, engaging in direct communication with the department of justice about the january 6th criminal investigation. the news comes after we learn the justice department is getting ready for a court battle, which officials might try to keep the conversations with the former president out of reach of investigators. join me now with kim whaley, a visiting professor of law at american university, and the author of the upcoming book "how to think like a lawyer," as well as cnn's senior political and terrorism analyst, philip mudd. good even...

Political leader. let me give you one final tactical view on this, don. that is if the department of justice, mayor garland, the attorney general, pursues this now, what's donald trump going to say? this is a political game, pursued by my opponents, the deep state, including adam kinsinger and liz cheney, to go after me. >> was going to say that, regardless he's going to set nicholas, phil. >> i take your point. >> he's going to say that, regardless of the indictment. >> don't give him ammo, though. makes it look like politicians are telling them what to do. >> look, if you don't indict him --...