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Republicans want more. >> we haven't heard the tapes. we don't know if they match up. >> if you have audio or video, that is better than a transcript. >> substantively, the transcript may be accurate. but you know what? the audio would tell us so much more. >> reporter: but the white house asserted executive privilege over the recordings at the request of garland, who today says he'd be concerned about a possible chilling effect if they were released. >> it could influence witnesses' answers if they thought the audio of their law enforcement interviews would be broadcast to congress and the pu...

One way or the other, didn't make a declination, didn't say it is over, and didn't charge, just kind of left office leaving it pending. there was criticism for that. da bragg had to come into that gray area. he took over. indictment was, at that time, considered unlikely. you live through this, you follow the news. a lot of people said given jim sixth and the classified documents case and all the energy around those things heating up, there wasn't necessarily a view that the 2015 campaign crime should go persecuted or at all. when the da did bring charges, there were many who did downplay them...

>> at least in my judgment of all the cases, this is the weakest one substantively. >> this is a very weak case. >> this is the wrong case at the wrong time. >> as a matter of law, these charges are the weakest. >> chances of unanimous conviction are like, 10 to 15%? >> i think your analysis is spot on. at this point i think the odds of a hung jury are high. >> i think the case is in many ways steel at this juncture. >> this trial legally is very weak and the facts a very weak. >> i don't think there is anybody in america who thinks this is a seriously strong case. >> alvin bragg is now sweati...

6 and the classified documents case and all the energy around those things because it was all heating up. there wasn't necessarily a view that this 2015 related campaign crime should go first or go at all. then when the d.a. filed charges there were many who down played them. >> at least in my judgment of all the cases, this is the weakest one substantively. >> this is a very weak case. >> this is the wrong case at the wrong time. as a matter of law. these charges are the weakest. >> chances of a unanimous conviction are like 10 to 15%. >> i think your analysis is spot on. at this point i thin...

Testify, the judge can allow the prosecutors to bring in a whole host of other bad acts and salacious activities on the part of the defendant that otherwise would not be able to be brought in. i do not think trump would perform well in cross- examination, either, in terms of his comportment and his respect for the judges and questioners. we have seen that with ireland, he has been admonished for that in the courtroom. to go even further south if he takes the witness stand, so i don't think you will do it. >> later on in the show, i will talk about the contempt hearing that is coming up on tues...