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Classified documents and how to sneak their way into a trial setting. but beyond what you are saying, which is well taken, there are other areas where i think some folks think it's sort of been settled. like for example, the crime fraud exception that trump's lawyers have said wait a second, we are going to go to judge cannon on this. can we talk a little bit more about the pretrial notions that might take up quite a bit of the calendar as far as this case coming to trial? one of the things, like i just said, is this notion that the doj can use the audiotapes recorded by trump's lawyer after t...

And here, in this criminal trial, trump will try presumably a great man strategy, that's the strategy of saying look, there is a classified document i mishandled, you have to show it in open court. and our intelligence community is always worried about that, because that itself discloses sources and methods, so so there is a long compromise in dialogue between the justice department and the intelligence community in any sort of criminal trial. and one thing that happens sometimes is that you substitute under the classified information procedures act a sensitive document for something that look...

Trump will trymi presumably a grain nail strategy, that's a strategy of saying, look, you're saying there's ang classified document i mishandle, you've got to show it in open court. and our intelligence community is worried about that, so there's a t long compromise in dialogue between the justice department and the intelligence community in any sort of criminal trial. one thing that happens sometimes you substitute under the classified information procedures act a sensitive document for something that is less sensitive or that redacts the information in one way or another. those are things yo...

Argue, could give mr. trump some relief. in a trial setting what you will hear from the other side should they mount a defense, they're not required to, is that the defendant lacked willfulness. it wasn't intentional. >> i think that is such an important point to make here because, frank, when we're talking about the seriousness of these crimes, i think there may be some misunderstanding out there that trump just kept the documents and forgot to return them, but now we know that the espionage act is involved here. to what degree does that raise the bar? >> yeah. this is an important issue, in ...

About right to you in terms of complexity. second of all, what you were describing was super compelling about how classified the documents are. there's 31 documents that are described we get a brief description and an account from the government as to what level of classification they are. and you rightfully point out this is highly classified stuff. including some of the stuff that's so highly classified, we're not allowed to know what level of classification it's at. we're not even allowed to know what mark rgs on it. how do they deal with that in front of a jury? the jury doesn't have secur...