WE'LL EXPLAIN WHY THE HEARING IS EVEN HAPPENING. BUT WE START WITH SPECIAL COUNSEL JACK SMITH TAKING A SLEDGEHAMMER TO ONE OF THE MOST BRAZEN ARGUMENTS BEING RAISED BY THE EX-PRESIDENT IN ANY OF HIS REVEILS. PROSECUTORS PICK APART THE ARGUMENT THAT TRUMP WAS SOMEHOW UNFAIRLY CHARGED IN THE CLASSIFIED DOCUMENTS CASE. THEY SAY THAT ALTHOUGH THERE HAVE BEEN MANY GOVERNMENT OFFICIALS WHO HAVE POSSESSED CLASSIFIED DOCUMENTS AFTER THE END OF THEIR TERM IN OFFICE, OFTEN INADVERTENTLY, SOMETIMES NEGLIGENTLY AND VERY OCCASIONALLY WILLFULLY, THERE HAS NEVER BEEN A CASE IN AMERICAN HISTORY IN WHICH A FORMER OFFICIAL HAS ENGAGED IN CONDUCT REMOTELY SIMILAR TO TRUMP. HE INTENTIONALLY TOOK THE MOST SENSITIVE DOCUMENTS. DOCUMENTS SO SENSITIVE THAT THEY WERE PRESENTED TO THE PRESIDENT AND HE STORED THEM IN AN UNSECURE LOCATIONS IN HIS SOCIAL CLUB. BUT TRUMP DID NOT STOP THERE. THE SPECIAL COUNSEL KNOWS THAT TRUMP DELAYED AND OBFUSCATED AND COMMITTING CRIMES TO STOP THE GOVERNMENT FROM GETTING BACK ITS DOCUMENTS. TRUMP TRIED TO GET HIS ATTORNEY TO LIE TO THE JUSTICE DEPARTMENT AND THEN HE GOT HIS VALET WALT NGATA TO MOVE THE BOXES SO HIS ATTORNEY WOULDN'T FIND THEM AND THEN WHEN THE FBI ASKED FOR SURVEILLANCE FOOTAGE THAT WOULD SHOW THE BOXES BEING MOVED, TRUMP AND NOW HIS OTHER CO-DEFENDANT, CARL LOSS, TRIED TO DELETE THE VIDEO AND THAT IS WHY THIS CASE IS NOTHING LIKE PRESIDENT JOE BIDEN WHO WAS NOT CHARGED FOR HIS HANDLING OF CLASSIFIED DOMES. DOJ SAYING TRUMP UNLIKE BIDEN IS AENL WILLED TO HAVE ENGAGED IN EXPENSIVE AND REPEATED EFFORTS TO OBJECT JUST AND THWART THE RETURN OF DOCUMENTS BEARING CLASS FICK AKSS MARKINGS AN THE EVIDENCE CONCERNING THE TWO MEN'S INTENT WHETHER THEY KNOWINGLY POSSESSED AND WILLFULLY RETAINED SUCH DOCUMENTS IS STARKLY DIFFERENT. THE SPECIAL COUNSEL SAID THAT PRESIDENT BIDEN SECRETLY DIRECTED THE INDICTMENT OF DONALD TRUMP THAT THE SPECIAL COUNSEL IS A PUPPET IS NOTHING MORE THAN PUT HIS CARPED CONSPIRACIES TO PAY FOR A QUOTE RESOURCES ON WHICH THEY LIE EVEN IF TAKEN AT FACE VALUE UNCUT RATHER THAN SUPPORT THIS CONSPIRACY THEORY AS THEY EMPHASIZE THAT THE PROSECUTORIAL DECISIONS MADE BY THE DEPARTMENT OF JUSTICE GENERALLY, AND THE SPECIAL COUNSEL SPECIFIC, HAD THEM MADE ON THE BASE OF THE FACTS AND LAW NOT POLITICAL CONSIDERATION. THE DEFENDANTS OFFER NO EVIDENCE TO THE CONTRARY BECAUSE THERE IS NO SUCH EVIDENCE. SPECIAL COUNSEL JACK SMITH TAKING IT UPON HIMSELF TO SEPARATE FACTS FROM FICTION. AND IN THE CLASSIFIED DOCUMENTS CASE. IT IS WHERE WE BEGIN TODAY WITH SOME OF OUR FAVORITE REPORTERS AND FRIENDS. FOR "THE WASHINGTON POST," CAROL LENTIC IS WITH US. AND CLERK TO JUDGE SONIA SOTOMAYOR IS HERE AND ANDREW WEISSMANN IS BACK WITH US. THEY ARE THE CO-AUTHORS OF A NEW BOOK, THE TRUMP INDICTMENTS. IT IS BIG. IT IS LONG. IT IS HEAVY. IT IS A STARK CHARGING DOCUMENTS WITH COMMENTARY. CAROL, LET ME START WITH YOU. IT IS SO NICE TO SEE YOU, MY FRIEND. I WANT TO DIVE INTO THE SUBSTANCE OF WHAT IS IN HERE. BECAUSE IT IS JUICY. BUT I WANT SO START WITH THE WHAT OF IT. WHAT OF IT TELLS MANY HE THAT JACK SMITH AND HIS TEAM ARE SO ACUTELY AWARE OF THE ENVIRONMENT IN WHICH THEY ARE TRYING TO HOLD TRUMP ACCOUNTABLE FOR HIS CRIMES. >> IT IS SO NICE TO SEE YOU. I CAN'T BELIEVE HOW GOOD AND RESTED YOU LOOK. >> THAT IS THE MAGIC OF THE MAKEUP ROOM. >> WE'LL GO RIGHT TO THE SUBSTANCE. OF COURSE YOU ASK THE RIGHT QUESTION. THINK ABOUT, AND I KNOW YOU HAVE, NICOLLE, HOW DIFFERENTLY JACK SMITH HAS STARED DOWN AND THIS IS NO OFFENSE TO WHO I'M ABOUT TO REFERENCE, BUT HOW DIRECTLY HE HAS SPOKEN TO THE PUBLIC. NOT IN A NAMBY-PAMBY WAY BUT SPOKEN TO THE COURT AND THE PUBLIC ABOUT THE FALSITY, THE PROFANITY, THE BRAZEN FALLACIES EMBEDDED IN WHAT DONALD TRUMP IS TRYING TO SAY ABOUT THE WEAPONIZATION OF THE DEPARTMENT OF JUSTICE AGAINST HIM. AND CONTRAST THAT WITH HOW ROBERT MUELLER ADDRESSED THIS ISSUE. JACK SMITH IS TAKING THIS ON THE HORNS AND DECIDING THAT IT IS APPROPRIATE FOR HIM TO SPEAK IN COURT FILINGS, BUT ALSO IT IS INAPPROPRIATE FOR HIM TO EXPLAIN THAT THIS IS A BUNCH OF MALARKEY. I ALSO FOUND ONE OF THE MOST DRAMATIC SORT OF PASSAGES HERE IS WHEN SMITH SAID, THERE IS NO COMPARABLE PERSON WHO ENGAGED IN QUOTE/UNQUOTE THIS COMPLETE SUITE OF WILLFUL AND DECEITFUL ACTIONS TO WITHHOLD CLASSIFIED INFORMATION. THE DEFENDANTS CANNOT FIND SOMEONE COMPARABLE WHO HAS NOT BEEN PROSECUTED. THEY CAN'T DO IT BECAUSE THERE IS FLO SUCH PERSON THAT EXISTED. I'M PARAPHRASING AT THE END. REMEMBER THE CONTEXT OF JACK SMITH'S PROBE. IT OF COURSE BEGINS IN NOVEMBER OF 2022 WHEN HE'S NAMED SPECIAL COUNSEL. BUT HE INHERITED THE WORK OF A TEAM THAT FOR MONTHS HAS GIVEN FORMER PRESIDENT TRUMP THE MOST AMAZING PAST. PLEASE JUST GIVE US THE DOCUMENTS BACK. WE SEE THAT YOU HAVE SOME OF THE MOST SENSITIVE DOCUMENTS THAT WE'VE EVER, EVER, EVER PRINTED. ESPECIALLY ACCESS PROGRAMS THAT WERE SO SERIOUS PEOPLE WERE NOT -- PEOPLE WHO ARE NATIONAL SECURITY PROSECUTORS AND AGENTS AND INVESTIGATORS WERE NOT READ INTO THE PROGRAM AND NOT ABLE TO READ THE DOCUMENTS THAT WE FOUND. THAT IS HOW SERIOUS THIS MATERIAL WAS. BUT PLEASE JUST GIVE EVERYTHING BACK. AND THEY WAIT AND THEY BEG AND THEY PLEAD, AND THEN FINALLY AFTER A SUBPOENA, AND ALL TINY PITTANCE OF RECORDS ARE RETURNED. THEY LEARN ACTUALLY THROUGH THE SURVEILLANCE TAPE THAT A BUNCH OF BOXES HAVE BEEN MOVED AND ALL OF THE THINGS THAT YOU PERFECTLY DESCRIBED BEFORE, ALL OF THE EFFORTS AT OBSTRUCTION DIRECTED BY DONALD TRUMP HIMSELF TO WITHHOLD THESE DOCUMENTS WAS AT PLAY. >> CAROL, IT IS SO INTERESTING. YOU PULLED THAT OUT. BECAUSE I REMEMBER THE NIGHT OF THE RAID, THE NIGHT OF THE COURT APPROVED SEARCH. TALKING TO FORMER SENIOR DOJ AND FBI OFFICIALS AND SAYING, WHAT -- HOW DO YOU THINK WE GOT HERE AND THIS PERSON SAID TO ME, IT HAD TO BE MORE THAN KNOWLEDGE OF POSSESSION. THEY HAD TO HAVE GOTTEN PISSED THAT THEY DIDN'T GIVE THEM BACK. I WONDER, EVERYONE ASSEMBLED HERE AN THE VOLUME ONE AND TWO OF THE MUELLER REPORT AND KNOWING THE DEPRAVITY IN THAT PROBE, IT SEEMS THAT THE OBSTRUCTIVE ACTS IN THIS ONE MAY BE WHAT SEALED HIS FATE. >> SO, I'M REALLY KEEN TO HEAR WHAT MELISSA AND ANDREW HAVE TO SAY ABOUT THIS, TOO. BUT I KNOW FROM TALKING TO SOURCES WHO WERE INVOLVED IN THIS AT THE TIME, THAT THERE WERE TWO STUNNER MOMENTS. THE FIRST STUNNER MOMENT OBVIOUSLY IS THAT SPECIAL ACCESS PROGRAM MATERIAL THAT HE'S RETURNED AND IT IS WILLY-NILLY, NOT IN FOLDERS, NOT PROTECTED, TOSSED IN WITH ARTICLES AND NONDESCRIPT MEMOS. THIS IS NOT HOW WE DO THINGS IN THE UNITED STATES. AND THERE IS A RECOVERY MOMENT OF, OH, MY GOSH, COULD INTEL SOURCES ABROAD BE COMPROMISED. COULD OUR INTELLIGENCE SHARING PROGRAMS BE COMPROMISED OR JEOPARDIZED IF ANYONE WHO WONDERED THROUGH MAR-A-LAGO ON THE WAY TO GET A MARTINI MAY HAVE SEEN SOME OF THIS MATERIAL. THERE IS THAT FEAR OF GRAVE DAMAGE TO NATIONAL SECURITY UPON LEARNING THAT IN FEBRUARY. THE NEXT KILLER MOMENT, OF COURSE, ARE THE TAPES. AND I DON'T WANT TO GO INTO TOO MUCH DETAIL ABOUT THIS BUT I WILL SAY THAT UP TO THE ATTORNEY GENERAL LEVEL, THERE WAS SORT OF A JAW-DROPPER OF, OH, THAT IS WHAT IS HAPPENING. NOW WE HAVE NO CONFIDENCE THAT THE MATERIALS THAT THE FBI AGENTS AND THE NATIONAL SECURITY DIVISION PROSECUTORS VISITED IN JUNE, AT MAR-A-LAGO, WE HAVE NO EVIDENCE THAT THAT IS THE TOTALITY OF THE RECORDS IN THIS STORAGE CLOSET UNDER THE BEAUTIFUL FOYER AND SHRIMP SERVING AREA OF THE MAR-A-LAGO CLUB. THOSE ARE THE TWO KIND OF PIVOTAL MOMENTS OF WE'VE GOT TO GET AHOLD ON NATIONAL SECURITY AND A POTENTIAL GRAVE DAMAGE AND NOW WE HAVE EVIDENCE THAT IT APPEARS THAT SOMEONE AND MOST LIKELY THE FORMER PRESIDENT IS TRYING TO KEEP US FROM GETTING EVERYTHING. >> I MEAN, I'M SO GLAD THAT CAROL BROUGHT IT BACK TO THE NATIONAL SECURITY IMPLICATIONS OF THIS. BECAUSE I THINK WE GET LOST IN ILENE CANNON, AS CARRIE LAKE IISH. AND ONE OF THE ADVANTAGES IS YOU THINK THIS IS MAR-A-LAGO AND YOU THINK SUE GORDON OR PEOPLE DIED TO GET A SCRAP OF EVIDENCE OR A SCRAP OF EVIDENCE FROM ANOTHER COUNTRY'S INTELLIGENCE PROFESSI TO SHARE WITH OUR GOVERNMENT, WITH THE TRUST THAT IT WOULDN'T BE TOSSED INTO THE BOX. AND IT WAS WITH HIS UNDERWEAR, SO SAID TRUMP. THE DISDAIN FOR THE DOCUMENTS AND EVERYONE AND EVERYTHING AND EVERY LIFE RISKED TO GATHER THEM IS ALWAYS STUNNING TO ME WHEN WE COME BACK TO THIS ONE. >> WHEN YOU THINK ABOUT WHAT THE ELECTION WAS ABOUT IN TERMS OF EMPATHY BEING DISPLAYED BY THEN CANDIDATE BIDEN AND THE LACK OF EMPATHY WITH RESPECT TO TRUMP, IT WASN'T JUST SORT OF ABSTRACT PRINCIPLES THAT WERE BEING TALKED ABOUT OR EVEN WITH RESPECT TO JUST HOW THEY DEAL WITH PEOPLE. THAT LACK OF UNDERSTANDING WHAT YOUR OBLIGATION IS ASIDE FROM YOURSELF IS WHAT LEADS SOMEBODY TO NOT TAKE CLASSIFIED INFORMATION SERIOUSLY. I'M NOT TALKING ABOUT MAKING A MISTAKE. THAT COULD BE SAID BY MIKE PENCE, JOE BIDEN. >> AND THAT IS WHAT JACK SMITH TALKS ABOUT. THIS IS NOT INADVERTENT OR WILLFUL OR MALICIOUS. >> BECAUSE IT WAS OVER AND OVER AGAIN. THERE IS NO QUESTION THAT WAS INTENTIONAL FOR MONTHS AND MONTHS AND ON TOP OF THAT OBSTRUCTION. AND SO THAT LACK OF EMPATHY IS SOMETHING THAT LEADS TO THIS DANGER TO NATIONAL SECURITY AND I THINK THAT IN TERMS OF THE REASON FOR WHY YOU SAW THIS EXTRAORDINARY STEP IS PRECISELY BECAUSE ANYBODY IN THE WHITE HOUSE OR THE EXECUTIVE BRANCH WOULD BE THINKING, OUR OBLIGATION TO THE PUBLIC IS TO RECOVER THIS. AND IT DOESN'T MATTER IF WE'RE
