BROUGHT BY SPECIAL COUNSEL JACK SMITH. THE CENTERED OF ONE OF THE MOST DANGEROUS LIES DONALD TRUMP HAS EVER TOLD YOU MIGHT RECALL BACK IN MAY TRUMP SEIZED UPON A RIGHTEOUS CONSPIRACY THEORY PERCOLATING IN FAR RIGHT CIRCLES , A THEORY BASED UPON AN EXTREME MISCHARACTERIZATION OF THE FBI SEARCH ONE -- WARRANT ON MAR-A- LAGO. HE CLAIMED THAT PRESIDENT BIDEN AND THE FBI WERE, QUOTE, LOCKED AND LOADED TO TAKE ME OUT DURING THE 2022 SEARCH OF MAR-A- LAGO. HE POSTED THE BIDEN AUTHORIZED THE FBI TO USE DEADLY LETHAL FORCE. WHAT TRUCK TRIED TO PORTRAY AS AN ATTEMPT ON HIS LIFE JUST A DISTORTION OF THE STANDARD LANGUAGE THAT COMPANIES EVERY SEARCH FOR THE FALSE NARRATIVE WAS BASED ENTIRELY ON THIS, THE FBI'S POLICY ON THE USE OF FORCE. BASICALLY IT SAYS THAT AGENTS CAN RESPOND WITH DEADLY FORCE ONLY WHEN THEIR WIVES ARE IN IMMINENT DANGER. THAT LANGUAGE, NOT UNIQUE TO THE SEARCH OF MAR-A-LAGO. IN FACT, IT WAS THE VERY SAME POLICY THAT THE FBI USED IN THEIR SEARCH FOR PRESIDENT BIDEN HOME AS WELL. ANYTHING THROUGHOUT THE PROCESS OF RECOVERING THE DOCUMENTS FROM MAR-A-LAGO, TRUMP GOT AN UNUSUAL AMOUNT OF LENIENCY INCLUDING THE FACT THAT THE FBI NOTIFIED THE SECRET SERVICE FOR EXECUTING THE WARRANT. OH, ONE OTHER THING. TRUMP AND HIS FAMILY WERE NOT AT MAR-A-LAGO WHILE THE SEARCH TOOK PLACE. NONE OF THOSE BACKSTOP TRUMP'S ALLIES FROM AMPLIFYING HIS LIFE. >> THEY ARE SAYING TRUMP WILL UNLEASH ASSASSINATION SQUADS ON HIS ENEMIES BUT BIDEN UNLEASHED ARMED AGENTS INTO TRUMP'S HOUSE , AUTHORIZING THEM TO USE DEADLY FORCE. THEY WERE LOOKING FOR A LITTLE ACTION. >> SOMETHING COULD HAVE GONE DOWN AT MAR-A-LAGO THE ON LOOKING FOR THE DOCUMENTS. >> WHY WAS MERRICK GARLAND PREPPING FOR POSSIBLE SHOOTOUT? >> MERRICK GARLAND ISSUED A KILL ORDER FOR PRESIDENT TRUMP. >> ALL OF THAT WAS CAUSE FOR CONCERN. IN A RECENT FILING AS JUDGE CANNON IMPOSED A NARROW MODIFICATION TO THE TRUE -- TERMS OF TRUMP POLICE. HE IS LEFT TO ARGUE THAT THE FIRST AMENDMENT WILL BE ERODED UNLESS HE IS PERMITTED TO LIE ABOUT FBI AGENTS INTENDING TO MURDER HIM AND HIS FAMILY. THE LAW REQUIRES NO SUCH THING. HE THEN POINTED TO HOW TRUMP'S RHETORIC HAS LED TO THREATS TO LAW ENFORCEMENT. INCLUDING SAMPLE OF A TRUMP SUPPORTER ARM WITH AN AR-15 AND A NAIL GUN ATTEMPTING TO ATTACK AN FBI OFFICE IN OHIO THREE DAYS AFTER THE MAR-A-LAGO SEARCH TOOK PLACE. HE POINTED OUT THAT HOURS AFTER TRUMP POSTED ON HIS SOCIAL MEDIA PLATFORM ABOUT THE SEARCH. THE SUPPORTER POSTED, KILL FBI ON-SITE. THIS AFTERNOON JACK SMITH'S PARTIES MADE THEIR CASE. THEY CITED TRUMP'S FAULTS CLAIMS THAT HE WAS THE TARGET OF AN ASSASSINATION ATTEMPT. HE TOLD THE COURT THERE WAS NO REASON FOR SUCH LANGUAGE THAT WOULD INVITE VIOLENCE AS RETRIBUTION FROM TRUMP SUPPORTERS. IN RESPONSE JUDGE CANNON ASKED, WHERE DO YOU SEE THE CALL TO VIOLENCE? DURING ANOTHER EXCHANGE CANNON GROUP SO FOSTER THAT SHE SAID, I DON'T LIKE YOUR TONE. SHE SAID THAT TO A PROSECUTOR JUST TRYING TO PROTECT LAW ENFORCEMENT FROM THREATS OF VIOLENCE. I WISH I COULD SAY THAT I AM SURPRISED. KRISTY GREENBERG IS THE FORMER DEPUTY CHIEFS IN THE SOUTHERN DISTRICT OF NEW YORK. MARY IS A FORMER DEPUTY ASSISTANT ATTORNEY GENERAL FOR NATIONAL SECURITY AT THE DEPARTMENT OF JUSTICE. KATIE PHANG IS THE HOST OF THE KATIE PHANG SHOW ON MSNBC. SHE WAS IN COURT TODAY IN FORT PIERCE, FLORIDA. KATIE, LET US START WITH YOU. JACK SMITH WAS IN THE COURTHOUSE TODAY. IT SEEMS LIKE THIS HEARING GOT FAIRLY HEATED AT CERTAIN POINTS. YOUR BIG TAKEAWAYS. >> Reporter: YOU ARE RIGHT ABOUT THAT. I WAS FOCUSING ON JACK SMITH BECAUSE I WANT TO SEE THE EXPRESSION ON HIS FACE WHEN DAVID HARBAUGH, A PART OF THE SPECIAL COUNSEL LEGAL TEAM WAS HAVING THE BACK AND FORTH WITH JUDGE CANNON. JUDGE CANNON ON PREVIOUS OCCASIONS WITH THIS PARTICULAR ATTORNEY, DAVID HARBAUGH, HAS HAD ISSUES WITH HIM AND VICE VERSA. I DON'T THINK THAT SHE APPRECIATES THE GRAVITY OF WHAT WAS BEING PRESENTED TO HER BECAUSE SHE IMMEDIATELY, NOT BECAUSE THERE WERE SUGGESTED MADE BY THE OTHER SIDE IN TERMS OF THE DEFENSE, BUT SHE MERELY SAID WHAT ABOUT THE FACT THAT REDACTIONS HAVE BEEN DONE ON THE NAMES OF LAW ENFORCEMENT AND OTHER WITNESSES? HOW IS THAT NOT ENOUGH FOR ME TO CONSIDER WHEN YOU MAKE THIS ARGUMENT THAT THERE IS SOME DANGER OR REST OF THE LAW ENFORCEMENT OFFICERS. SHE PUT ON HER HAT WITH WHAT HAPPENED TODAY. THE HEARING WAS ABOUT TWO HOURS. JACK SMITH, POKER FACE THE ENTIRE TIME. EVEN WHEN THERE WAS A LOT OF HEATED EXCHANGE BETWEEN JUDGE CANNON AND THE ATTORNEY FOR THE SPECIAL COUNSEL'S OFFICE. THERE WERE SOME STRIKING THINGS THAT STOOD OUT. ONE OF THE THINGS, THE SPECIAL COUNSEL SAYING, YOU DON'T NEED A TRAGEDY TO STRIKE IN ORDER TO GET A MODIFICATION FOR THE LAW SUPPORTS THE CONTEXT AND THE IDEA. IT WAS ALSO ANOTHER PHRASE THAT WE USED. THEY SAID TRUMP HAS A PECULIAR POTENT TOOL. THAT IS HIS ABILITY TO REACH HIS FOLLOWERS ON SOCIAL MEDIA. TRUMP HAS ACKNOWLEDGED IN WRITING AND VERBAL STATEMENTS THAT HE KNOWS THE POWER OF SOCIAL MEDIA FOR HIM. THAT IS WHY THERE WAS THE ARGUMENT FROM THE SPECIAL COUNSEL'S OFFICE THAT YOU DON'T NEED SOMETHING BAD TO HAPPEN. YOU DO NOT NEED A LINK BETWEEN THOSE EXAMPLES YOU JUST READ AND EXPLAIN TO OUR VIEWERS. AND THEN DONALD TRUMP TO SAY IT CREATES THE NEED. IT IS ACTUALLY THE THREAT OF SIGNIFICANT DANGER. TWO OF HIS OFFICERS. TODD BLANCHE, ON BEHALF OF DONALD TRUMP, DID HIS MEANDERING THING THAT HE DOES. HE SAID, JUDGE, EVENTUALLY THIS WILL HAVE TO HAPPEN. MAYBE AT TRIAL WHEN THE WITNESSES ARE CALLED BUT OTHERWISE, YOU DO NOT HAVE A LINK IN THE DIRECT CONNECTION BETWEEN TRUMP AND THESE INCIDENTS THAT HAVE BEEN RAISED AS EXHIBITS AND EXAMPLES IN THE SPECIAL COUNSEL'S MOTION. BECAUSE OF THAT, IT IS A PRIOR RESTRAINT ON FREE SPEECH. HE IS A LITTLE ACCOUNT OF THE OFFICE OF THE PRESIDENT. IT IS ON THE EITHER PRESIDENTIAL DEBATE AND YOU SHOULD NOT DO IT. >> HOW WOULD YOU PUSH BACK AGAINST THE SUPPOSEDLY LACK OF CONNECTIVE TISSUE BETWEEN DONALD TRUMP'S WORDS AND THE THREAT OF VIOLENCE AGAINST LAW ENFORCEMENT OFFICIALS? >> I THINK THE WAY TO PUSH BACK IS THE WAY THAT JACK SMITH AND HIS TEAM HAVE DONE -- HAVE EXPLAINED IN EVERY COURT WHERE THEY SOUGHT AN ORDER LIKE THIS. THIS IS ABOUT MODIFYING THE CONDITIONS OF HIS BAIL IN ORDER TO RESTRICT CERTAIN SPEECH THAT CAUSES THAT SIGNIFICANT AND IMMINENT FORESEEABLE DANGER TO LAW ENFORCEMENT. IN EVERY OTHER CASE, INCLUDING IN D.C. AND MANHATTAN, THE PROSECUTORS HAVE GIVEN EXAMPLE AFTER EXAMPLE OF THINGS THAT MR. TRUMP SAYS OVER SOCIAL MEDIA OR AT CAMPAIGN RALLIES AND ACTIONS AND THREATS TAKEN BY INDIVIDUALS OUT IN THE UNITED STATES. THOSE MIGHT BE CALL IN THREATS, THREATENING WITNESSES, THREATENING JUDGES' STAFF, PROSECUTORS AND THEIR STAFF. IT MIGHT BE ACTUAL EFFORTS TO COMMIT AN ACT OF VIOLENCE, LIKE THE EXAMPLE FROM RIGHT AFTER THE SEARCH OF MAR-A-LAGO. THERE ARE MANY, MANY OF THESE THAT THEY HAVE TO POINT TWO. TO SUGGEST THERE IS NOT A CAUSE AND EFFECT, I THINK REALLY IS TO IGNORE WHAT SEVERAL YEARS NOW HAVE SHOWN US. I THINK IT WAS REASONABLE FOR HER TO ASK, WOULD REDACTIONS TAKE CARE OF IT? WHAT MR. HARBAUGH EXPLAINED, EVEN WITH REDACTIONS, THERE HAVE BEEN LEAKS OF THE NAMES OF THE AGENTS AND THOSE ARE AVAILABLE OUT THERE STILL. THEY CANNOT BE TAKEN DOWN ONCE THAT HAS LEAKED. I ACTUALLY THINK THE REACTION -- REDACTIONS HAVE PROBABLY REPENTED -- PREVENTED THEM FROM BEING THAT TRAGEDY THAT, YOU KNOW, WE DO NOT WANT TO HAVE TO WAIT FOR. SOMEONE CAN CERTAINLY FIND OUT THE IDENTITY OF THESE AGENTS. >> KATIE HAD HER EYES ON JACK SMITH FOR A REASON. YOU HAD YOUR EYES ON EILEEN CAN AND YOU WROTE, ONLY JUDGE CANNON COULD USE A HEARING ABOUT THE DANGERS LIE THAT THE FBI WAS OUT TO KILL HIM AND HIS FAMILY AS AN OPPORTUNITY SCHOOL THE PROSECUTOR AND NOT TRUMP OR LACK OF DECORUM. >> IT MADE SENSE THAT THIS PROSECUTOR WAS GETTING FIRED UP ABOUT THIS. THIS IS A PROSECUTOR WHO HAS WORKED WITH THESE AGENTS AND BUILT THESE CASES AND KNOWS THESE PEOPLE AND KNOWS THEY'RE PUTTING THEIR LIVES ON THE LINE EVERY DAY FOR US. THIS IDEA THAT SHE WOULD BE SO CAVALIER TO THE FACT THAT THERE REALLY IS A THREAT TO THEM. THIS MOTION WAS FILED A MONTH AGO. CLEARLY, SHE DOES NOT SEE ANY THREAT BECAUSE WE ARE NOT DEALING WITH IT RIGHT AWAY. SHE SAT ON IT. WHILE SHE WAS SITTING ON, WHAT HAPPENED? WELL, THERE WAS A THREAT TO THE FBI AGENT ON HUNTER BIDEN'S CASE. THAT PERSON SAID IF TRUMP WINS, YOU GO TO JAIL BUT IF TRUMP LOSES, YOU WILL BE SLAUGHTERED AND YOUR FAMILY WILL BE SLAUGHTERED. THOSE ARE THE KIND OF THREATS FOR THIS IDEA THAT JUDGE CANNON IS A WHERE IS THE CAUSE-AND- EFFECT? DONALD TRUMP DID NOT HAVE THAT PERSON TO SAY THIS. DONALD TRUMP, HIMSELF, CONNECTS CAPITAL A TO B HE SAID IN A CNN TOWN HALL THAT THEY LISTEN TO ME. THEY LISTEN TO ME LIKE NO ONE ELSE. HE KNOWS THE EFFECT THAT HE HAD . WE ALL KNOW THE EFFECT HE HAS. SO DOES JUDGE CANNON. THIS IDEA OF THE THERE IS NOT AN IMMINENT THREAT TO THESE AGENTS IS JUST LAUGHABLE. THE IDEA THAT SHE IS SCOLDING THE PROSECUTOR FOR GETTING UPSET ABOUT THAT AND FOR TRYING TO MAKE HIS POINT RATHER THAN SAY TO A CRIMINAL DEFENDANT, YOU CANNOT TALK ABOUT THE CASE AGENTS THAT WAY.
