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White house chief of staff does is part and parcel of their official responsibility. there's a clear line between what's official. the conduct of foreign policy or domestic affairs, the things clearly within the range of a president's official responsibility and things that are outside of that range and that's the question before the supreme court. what is alleged of the president's official responsibility. there's really nothing in this pleading, which is just a reply to jack smith's pleading filed earlier this week that sheds light on that question beyond what we have heard already. >> to ti...

Privilege and prevent those records from being turned over to the house select committee. that was litigated. he lost there. it was litigated at the d.c. sur kit. they said we will apply every test possible, i mean the test that they need to apply, he loses under every test. the supreme court did not take that case. think said under every test he loses, we're not taking it. and that very night, the night that they issued their ruling, the documents started flowing to the house select committee. so i think if there's a thorough ruling, and the supreme court feels comfortable with it, i don't th...

Because in each of these, the president could awe certificate he was simply executing the laws for commuicating with the department of justice or discharging his powers as commander-in-chief or engaging in foreign diplomacy. talk to us about the dangers of the courts here if they were to side with trump, the pandora's box that could then open. >> what's important is what care they took to delineate pandora's box everything that tim says about the argument is right. but it's very interesting and compelling that in addition to that, they took the time to really give a parade of a series of rheto...

Prosecuted after they leave office. the special council is saying this matters a lot because accountability has to stand for something. just as the president needs to execute his correspondents, there has to be a rule of law. both sides are wrapping themselves in the magnitude of this case, which you just don't see that much in supreme court litigation. there's no question this case is serious, but i think both sides are acknowledging the really tremendous impact that it will have on our democracy going forward. >> my instinctive response that is how could you not talk about the stakes here, h...

Winning ab election. not by subverting the results of the vote. a response from trump's team could come down at any minute now. that's where we start today with former deputy assistant attorney general and former u.s. attorney harry litman, plus lead investigator for the january 6th select committee tim haity is here and with me at the table director of the public policy program at hunter college basil smikle. it seems that trump claiming to be president is a get out of a jail free card for crimes committed while one is in office. what is the special counsel saying? >> the special counsel is s...