>>> DEPARTMENT OF JUSTICE PROSECUTORS MAKING HEADWAY IN THE JANUARY 6th PROBE. ALL PRESIDENTS HAVE SOME VALID EXECUTIVE PRIVILEGE. THAT INCLUDES PRESIDENTS YOU MIGHT NOT LIKE. BUT DONALD TRUMP HAS TRIED TO ABUSE THAT POWER OF WHICH HE, LIKE ANY PRESIDENT, HAS SOME VALID CLAIM TO, WITH MANY ASSERTIONS OF COMPLETELY EXTREME EXCESSIVE SECRECY, ABUSING OR REFERENCING THE PRI TO OUTRIGHT ASK AIDES TO DEFIRE ENTIRE INVESTIGATIONS, AND SOMETHING MANY LAWYERS DO, WHICH IS CITE THAT THING TO CREATE YEARS' LONG DELAYS. ALL THOSE THINGS WORKED UP TO A POINT, UNTIL NOW. TONIGHT WE'RE REPORTING ON THE FIRST KNOWN BREAKTHROUGH FOR DOJ PROSECUTORS AGAINST TRUMP ON THIS SCORE. THE PROSECUTOR'S GETTING TOP WHITE HOUSE AIDES TO MIKE PENCE TO TESTIFY DESPITE THE SOMETIMES VOL ID CLAIM TO EXECUTIVE PRIVILEGE. THE PENCE AIDES' TESTIMONY IS, QUOTE, THE FIRST IDENTIFIABLE TIME THE CONFIDENTIALITY TRUMP TRIED TO MAINTAIN AROUND THE WEST WING REPORTEDLY FAILED ACCORDING TO CNN, WHICH REPORTED THIS SCOOP. NOW THEY MAY COMPEL FROM ADDITIONAL AIDES ALL PART OF THE SECRET COURT PROCEEDINGS, WHICH IS WHY WE'RE ONLY LEARNING ABOUT BIT OF THIS AT A TIME. IT'S ANOTHER STEP THAT'S BEEN TAKEN BY THE JANUARY 6th COMMITTEE WHICH WE KNOW HAS EXERTED A KIND OF PRESSURE OR ADDED EVIDENCE TO THE CRIMINAL PROBE AT THE DOJ. THE COMMITTEE'S CONTINUING ITS WORK INDEED JUST TODAY THEY HEARD FROM FORMER TRUMP AIDE HOPE HICKS. THERE ARE ALSO REPORT THE DOJ IS BEARING DOWN ON A TRUMP AIDE IN THE OTHER CRIMINAL CASE ABOUT CLASSIFIED DOCUMENTS ALLEGEDLY STOLEN AND BROUGHT TO MAR-A-LAGO. THEY'RE EYEING THIS MILITARY VALET AND COOK AS WELL AS THE GUY WHO USED TO RUN THE PENTAGON. REMEMBER ACTING DEFENSE SECRETARY KASH PATEL? WHO WAS PUSHING THIS GAME IN AUGUST. >> ON THE WAY OUT OF THE WHITE HOUSE HE ISSUED FURTHER DECLASSIFICATION ORDERS, DECLASSIFYING WHOLE SETS OF DOCUMENTS, AND THIS IS A KEY FACT THAT MOST AMERICANS ARE MISSING. PRESIDENT TRUMP AS A SITTING PRESIDENT IS A UNILATERAL AUTHORITY FOR DECLASSIFICATION. HE CAN LITERALLY STAND OVER A SET OF DOCUMENTS AND SAY, THESE ARE NOW DECLASSIFIED. >> THESE ARE NOW DECLASSIFIED. ALMOST LIKE A MAGICIAN STYLE APPROACH TO DECLASSIFICATION. HERE'S THE THING YOU JUST HEARD, I WILL CALL IT FACT CHECK TRUE THAT THE PRESIDENT HAS THIS UNILATERAL AUTHORITY. THAT'S HOW IT WORKS. IT'S A PART OF THE PRESIDENT'S ACTUAL POWER, NOT SOMETHING THAT'S DONE THROUGH LAW OR CONGRESS. THEN THE OTHER PART IS MISLEADING BECAUSE THEY HAVEN'T BEEN ABLE TO SUBSTANTIATE EVIDENCE THAT DONALD TRUMP DID USE THE POWERS IN ORDER TO DECLASSIFY A BUNCH OF THE MATERIAL AT MAR-A-LAGO. ANOTHER WAY TO SAY THAT IS, IF THERE WAS A SCRAP OF EVIDENCE THAT THIS WAS DECLASSIFIED MATERIAL THAT WAS IN HIS LAWFUL POSSESSION I DON'T KNOW THAT YOU'D GET A MAGISTRATE JUDGE TO APPROVE THE SO MUCH OF HIS HOME IN THE FIRST PLACE. SO, THE DOJ IS BASICALLY PROBING AMONG OTHER THINGS WHETHER PATEL LIED IN AN ILLEGAL WAY ABOUT THAT AS THEY TRY TO GET COOPERATION FROM MORE INDIVIDUALS. WE TURN NOW TO SOMEONE WHO KNOWS THESE ISSUES INSIDE AND OUT. MARY McCOURT IS A FORMER ACTING ASSISTANCE ATTORNEY GENERAL AT THE DOJ, ALSO A GEORGETOWN LAW PROFESSOR. YOU KNOW EXACTLY THESE ISSUES AND SOME ARE TRICKIER THAN THEY SOUND BECAUSE THERE ARE UNILATERAL AUTHORITIES AND THERE ARE NATIONAL SECURITY CONCERNS THAT SOMETIMES ARE SORT OF WITH LEGAL CONCERNS. THANK YOU FOR BEING HERE. GIVEN EVERYTHING I JUST MENTIONED, I'M CURIOUS WHAT YOU THINK OF THE STATUS OF BOTH THOSE CASES, THE NATIONAL SECURITY VERSUS WHETHER LAWS WERE BROKEN. >> SO, YOU KNOW, THERE'S A LOT SEEMS TO BE GOING ON AT ONCE HERE RIGHT NOW, ARI, AS YOU INDICATED. I DON'T THINK WE'LL SEE ANYTHING GROUND BREAKING THIS CLOSE TO THE ELECTION, BUT THE WHEELS ARE STILL MOVING. REVELATIONS OF THE DEPARTMENT SEEKING -- DISTRICT OF COLUMBIA WITH RESPECT TO COMPELLING CERTAIN TESTIMONY OF VARIOUS PEOPLE, WHETHER IT'S KASH PATEL, THE MILITARY AIDE IN THE MAR-A-LAGO INVESTIGATION, OR WHITE HOUSE COUNSEL AND WHITE HOUSE ADVISERS IN THE SENSE OF THE INVESTIGATION INTO THE JANUARY 6th ATTACK ON THE CAPITOL. AND WHAT WOULD LIKELY BE HAPPENING THERE IS THE DEPARTMENT WOULD BE SEEKING THE JUDGE TO MAKE SOME RULINGS ABOUT THE ASSERTIONS OF PRIVILEGE AND THE JUDGE HAS THE ABILITY TO DO THAT BECAUSE IF THE WITNESSES ARE COMING INTO THE GRAND JURY AND EITHER TRYING TO ISSUE SORT OF BLANKET PRIVILEGE CLAIMS OR CLAIMING PRIVILEGE ON QUESTIONS THAT THE DEPARTMENT BELIEVES THEY DON'T HAVE A SUBSTANTIAL BASIS TO SEEK THE PRIVILEGE ON, THE DEPARTMENT CAN GO TO THE CHIEF JUDGE AND LITIGATE THAT AND IT APPEARS AT LEAST BY THE REPORTING THAT THAT'S WHAT'S HAPPENING. >> YEAH, AND AS YOU SAY, THAT'S SORT OF THE NEGOTIATION AND PUSH AND PULL TO GET THESE PEOPLE IN. UNLIKE THE JANUARY 6th COMMITTEE, WHICH I THINK VIEWERS HAVE SEEN, GATHERS FACTS, AND THEY TALK TO PEOPLE SOMETIMES WHO AREN'T INVOLVE IN THE ANYTHING WRONG WHERE THERE MAY NOT BE A CRIME. THERE MAY BE SOMETHING THAT CONGRESS IN ITS FACT FINDING AND OVERSIGHT IS INVESTIGATING. IT WOULD SEEM TO BE PRETTY DIFFERENT WHEN YOU START BRINGING PENCE AIDES AND OTHERS AND GOING THROUGH WHAT YOU JUST DESCRIBED, THAT EFFORT, BEFORE A DOJ CRIMINAL GRAND JURY THAT'S BEEN IMPANELLED. WHAT DOES IT TELL YOU, WHILE THOSE ARE SECRETIVE PROCESSES THAT THEY ARE BRINGING THOSE TYPE OF WHITE HOUSE PEOPLE IN? >> WELL, TO JUST BE CLEAR, IT DOESN'T NECESSARILY MEAN THOSE PEOPLE THEMSELVES AREN'T UNDER INVESTIGATION, RIGHT? THEY WOULD HAVE -- NOW, IN SOME CASES THEY MAY BE CONCERNED ABOUT THEIR OWN CRIMINAL CULPABILITY AND ASSERT THE FIFTH AMENDMENT AGAINST SELF-INCRIMINATION. OTHER CASES THEY MAY BE ASSERTING ATTORNEY/CLIENT PRIVILEGE, LIKE IN WHITE HOUSE COUNSEL FOR COMMUNICATIONS WITH DONALD TRUMP THAT MIGHT BE IN THE SCOPE OF THAT PRIVILEGE AND COULD BE EXERTING EXECUTIVE PRIVILEGE WHICH IS THIS NOTION THAT CANDID COMMUNICATIONS BETWEEN THE PRESIDENT AND HIS TOP ADVISERS ARE PRIVILEGED. NONE OF THOSE ARE COMPLETELY UNYIELDING. THE FIFTH AMENDMENT IS CLOSEST IN TERMS OF A PERSON CANNOT BE COMPELLED TO INCRIMINATE THEMSELVES. SOMETIMES A PERSON ASSERTS THE FIFTH AMENDMENT, AND THE COURT WOULD SAY, THERE'S REALLY NO LIKELIHOOD THE RESPONSE TO THAT QUESTION WOULD LEAD TO THE LIKELIHOOD OF A CRIMINAL PROSECUTION SOME EVEN THAT CAN BE SOMETHING YOU CAN TAKE UP TO THE CHIEF JUDGE TOM YOUR QUESTION ABOUT WHAT DOES THIS SAY? IT SAYS THEY'RE HONING IN ON THE CLOSEST ADVISERS TO THE PRESIDENT WHEN IT COMES TO BOTH OF THESE CASES, MAR-A-LAGO AND JANUARY 6th, AND THAT'S SOMETHING I THINK FOR MANY MONTHS PEOPLE HAVE BEEN WAITING TO SEE THAT HAPPEN. I'VE SAID FOR MANY, MANY MONTHS THAT DOJ IS GOING TO HAVE LAID A VERY SOLID GROUND WORK BEFORE IT GOES AND TALKS TO THOSE HIGHEST LEVEL AND CLOSEST OFFICIALS AND NONOFFICIALS IN THE CASE OF THE MILITARY HELPER OR AIDE OR WHATEVER HE WAS. NOW WE'RE STARTING TO SEE THAT. WE'RE STARTING TO SEE THE CONVERSATIONS, THE NEED, THE DEMONSTRATED
