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recuse herself from donald trump's classified documents case despite recommendations to do so from two other federal judges. and democrats are targeting a 150-year-old law in their latest effort to protect reproductive rights nationwide. all right, good morning. welcome to "way too early" on this friday. thank god, friday. june 21st. i'm sam stein in for jonathan lemire. for the first time in months president biden has overtaken donald trump in national polling averages. according to the poll aggregate site, 538, biden took a 0.8% lead in the race yesterday. that is the first tim...

Legislation or is it self-executing, griffin's case. you saw in the complaint about whether this arose to the level of insurrection. i think the important issues there, quite frankly, rather than the substantive one, is if that's federal legislation that enables section 3 because it is a federal criminal charge of insurrection, then are we using this process to circumvent the safeguards we would have if he were charged with indiana. he never was. they considered it. he has never been charged with criminal insurrection. if he had been, we have a burden of proof they have to make. compulsory pro...

>> it is where or in the he may have attempted to obstruct justice. the president of the united states discussing firing u.s. attorneys. it is inappropriate to discuss firing a particular u.s. attorney for example the u.s. attorney for the southern district of new york because he recused in the oversight of the investigation because he wants to replace him much like he did when he fired attorney general jeff sessions. it nears the firingover jam of comey. it's that doing it for a corrupt purpose is a violation of the law. so first and foremost there's a question about whether or not whitaker m...

Paper trail getting out that touches on aspects of the investigation. the distinction being a substantive one, a former official, jim comey is right now private citizen, his ability to speak to the congress relatively unfettered is there as long as he doesn't break any of the big rules, myse s he's not going toe any classified information. anything that's a memo could be considered potentially investigative. the fbi usually keeps a tight lid on that. >> i want to bring you in, you know jim comey well. last we saw him as the viewing public was i think doing some yard work and sent out a note to...

Side tonight via e-mail, so we can discuss them tomorrow. the next one is possession of a firearm, and causing death. are there any objections to this by the estate? >> no, earn. >> by the defense? >> substantively no, i believe it's appropriate based on the charge. might we address that, but i think it's accurate. >> the next one is one of the lesser included crimes, and what the state has listed. is the state requesting these lessers? >> yes, your honor. >> any objection from the defense? >> we object, and i think that would be something to take up tomorrow. >> all right. >> mahan slaughter ...