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Trumps social media, they say, pointing to a post that says if you go after me, im coming after you. That was friday night in the filing. Since then, donald trump has repeatedly attacked jack smith, said nancy pelosi is going to hell and claimed mike pence is lying in his sworn testimony, that hes gone to the dark side. Trumps lawyers did the Full Ginsberg, or his lawyer, singular on sunday, arguing the january 6th charges are bunk, that donald trump was exercising his free speech. Will he use that same defense in arguing against the protective order. Donald trump used that, the response is du...

>> well, anytime you're looking at these kinds of issues, you have to make consideration about treating all defendants alike. that becomes virtually impossible in the case of donald trump, complicated by his run for the presidency, and first amendment issues that might arise in the context of the political process. but in so far as he claims any sort of a first amendment defense to engage in the three conspiracies and the substantiative count that he's charged with in the election interference indictment, that's really a nonstarter, katy, because nothing that he's doing here is alleged to be s...

In addition to that on that substantiative count, for me looking at it, the great thick about it for the prosecution is that audio tape we heard that was recorded in bedminster, jurors love audio tapes. and before they charged this new count about that h,ddocument, t could have been a fight about whether that tape could come into evidence or not. but prosecutors call this charging the bad conduct, so there could have been an argument it was bad conduct and shouldn't come in. now that they have charged it, it's a no-brain for it to come in. >> so evidence wise this would be helpful to prosecuto...

Boxes around. an attempt to destroy evidence. >> it's not going to change his legal defense or posturing, but from a standpoint of the strength of the case, this does help it a lot. it aides a substantiative count of retaining that document. the attack plan document. but the on instruction part is particularly helpful for the government because jurors like to hear what the state of mind might be for the defendant. and they rarely hear from the defendant talking about it. so when they hear he was telling people to delete or destroy the evidence, common sense will tell them that you only try to ...