♪♪ >> TONIGHT ON "THE REIDOUT" -- >> I FRANKLY AM SKEPTICAL OF THIS CLAIM THAT I DECLASSIFIED EVERYTHING, YOU KNOW. IF IN FACT HE SORT OF STOOD OVER SCORES OF BOXES, NOT REALLY KNOWING WHAT WAS IN THEM AND SAID I HEREBY DECLASSIFY EVERYTHING IN HERE, THAT WOULD BE SUCH AN ABUSE THAT AND SHOW SUCH RECKLESSNESS THAT IT'S ALMOST WORSE THAN TAKING THE DOCUMENTS. >> CAREER TRUMP ENABLER BILL BARR IS SAYING TRUMP PROBABLY COMMITTED A SERIOUS CRIME. LOOKS LIKE DONALD IS IN BIG TROUBLE, AND SAID WE LEARNED MUCH MORE ABOUT THE MANY CLASSIFIED DOCUMENTS TRUMP STOLE AND STASHED AT MAR-A-LAGO. >>> PLUS, PRESIDENT BIDEN'S SEARING AND COMPLETELY ACCURATE WARNING ABOUT THE THREAT POSED BY TRUMP AND HIS VIOLENT ELECTION-DENYING FOLLOWERS. >>> AND DAY FIVE OF A NATIONAL DISGRACE, THE STATE CAPITAL WHERE THE WATER ISN'T SAFE TO DRINK AND CITIZENS ARE BEING ADVISED TO KEEP THEIR MOUTHS CLOSED WHEN TAKING A SHOWER. THE MAYBE OF JACKSON, MISSISSIPPI JOINS ME TONIGHT. >>> WE BEGIN TONIGHT WITH A NEWLY UNSEALED INVENTORY THAT PROVIDES THE MOST DETAIL TO DATE OF EXACTLY WHAT WAS SEIZED DURING THE FBI SEARCH OF MAR-A-LAGO LAST MONTH. WE ALREADY KNEW FROM THE DOJ'S FILING EARLIER THIS WEEK THAT THE FBI SEIZED MORE THAN 100 CLASSIFIED DOCUMENTS, BUT NOW WE NOT ONLY HAVE A BREAKDOWN OF THOSE DOCUMENTS AND WHERE THEY WERE FOUND BUT WHAT ELSE WAS AMONG THEM. THE CLASSIFIED DOCUMENTS INCLUDED 18 MARKED TOP SECRET AND SEARCH MARKED TOP SECRET AND SEVERAL WERE FOUND IN DONALD TRUMP'S PERSONAL OFFICE INCLUDING SEVEN THAT WERE TOP SECRET. SOME OF THE DOCUMENTS WERE FOUND STREWN ALONG IN BOXES ALONGSIDE NEWSPAPERS CLIPPINGS, ARTICLES OF CLOTHING AND BOOKS. DON'T FORGET. THIS COMES AFTER ONE OF TRUMP'S LAWYERS TOLD THE FBI IN JUNE THAT ALL THE RECORDS THAT HAD COME FROM THE WHITE HOUSE WERE STORED IN ONE LOCATION AND THAT THERE WERE NO OTHER RECORDS STORED IN ANY PRIVATE OFFICE SPACE, AND A TRUMP CUSTODIAN OF RECORDS SIGNED A STATEMENT THAT THEY HAD DONE A DILIGENT SEARCH AND FOUND NO FURTHER CLASSIFIED DOCUMENTS TO HAND OVER. YOU HAVE TO WONDER HOW THAT PERSON COULD HAVE MISSED MORE THAN 100 CLASSIFIED DOCUMENTS IN 15 DIFFERENT BOXES AND CONTAINERS BEING KEPT IN A STORAGE ROOM HAND IN TRUMP'S PERSONAL OFFICE. IT WAS THE VERY SAME BOXES IN THE STORAGE ROOM THAT THE DOJ NOTED DURING ITS JUNE VISIT, QUOTE, THE FORMER PRESIDENT'S COUNCIL EXPOLICE ITALY PROHIBITED GOVERNMENT PERSONNEL FROM LOOKING INSIDE GIVING NO OPPORTUNITY FOR THE GOVERNMENT TO DETERMINE NO DOCUMENT WITH CLASSIFICATIONS REMAINED. IT'S ALSO TROUBLING THAT LISTS SHOWED THAT THE FBI SEIZED 48 EMPTY FOLDERS, EMPTY, MARKED CLASSIFIED AND 4 IT EMPTY FOLDERS MARKED RETURN TO STAFF SECRETARY/MILITARY AID. SO SOMETHING TELLS ME TRUMP WOULD NOT HAVE TAKEN EMPTY FOLDERS DOWN TO MAR-A-LAGO SO WHAT HAPPENED TO ALL THOSE DOCUMENTS? THIS ALL COMES AS FEDERAL JUDGE EILEEN CANNON IS STILL CONSIDERING WHETHER TO GRANT TRUMP'S REQUEST FOR A SPECIAL MASTER TO REVIEW WHAT WAS SEIZED DURING THE FBI SEIZURE TO DETERMINE WHETHER THE DOCUMENTS WERE CLASSIFIED. THE WORD THAT STOOD OUT TO ME IN THIS NEW, YOU KNOW, DETAILED LIST OF WHAT WAS FOUND IS EMPTY BECAUSE IT'S BAD ENOUGH THAT DONALD TRUMP TOOK FOLDERS AWAY FROM THE GOVERNMENT THAT SAID RETURN, YOU KNOW, TO THEIR CLASSIFIED SETTINGS. THE FACT THAT THEY WERE EMPTY, DOES THAT ALARM YOU AS MUCH AS IT ALARMS ME? >> WELL, JOY, YOU KNOW, THE STORY CERTAINLY GETS MORE INTERESTING, AND, YOU KNOW, THE IDEA THAT THERE WERE, YOU KNOW, THESE EMPTY FILES OR EMPTY ENVELOPES, YOU KNOW, LEADS ONE TO BELIEVE THAT THERE IS MUCH MORE TO BE FOUND, AND, YOU KNOW, YOU HAVE TO ASK THE QUESTION WHAT WAS IN THERE. I THINK WE DON'T WANT TO GET TOO NERVOUS IN THE SENSE WE DON'T KNOW WHAT WAS IN THOSE DOCUMENT. HAVE YOU TO TAKE A LOOK AT THE COVER SHEET WERE. THERE FILE NUMBERS ON THERE? CAN YOU GO BACK AND SEE EXACTLY WHAT WAS IN THERE? WHAT IS IT, YOU KNOW, INFORMATION FROM OUR SOURCES? WAS IT INFORMATION FROM INTELLIGENCE OR PERHAPS EVEN SATELLITES? BUT THE NOTION OF MISSING DOCUMENTS, THAT'S REALLY IN THE COUNTERINTELLIGENCE ARENA, THAT'S THE WORST NIGHTMARE BECAUSE THEN YOU START ASSUMING THAT THINGS ARE COMPROMISED RATHER THAN REALLY TRYING TO TRACK DOWN, YOU KNOW, IF THERE WAS A SPY AMIDST OR IF YOU KNOW SOMETHING HOW THIS WAS MISHANDLED. THIS OPENS UP A LOT OF UP CERTAINTIES HERE AND WE HAVE TO LET THE INVESTIGATION CONTINUE. >> AS SOMEONE WHO HAS DEALT WITH OUR SPIES AND THE RISK BUSINESS OF EVEN COLLECTING THIS INFORMATION, WHAT DOES IT SAY TO YOU THAT DONALD TRUMP WOULD HAVE THIS STUFF JUST THROWN AROUND MIXED IN WITH CLOTHING AND MAGAZINES AS IF IT WAS IN A JUNK DRAWER? >> WELL, LOOK, IT'S STUNNING MALPRACTICE. IT'S SOMETHING THAT I THINK REALLY KIND OF GETS TO THE GUT OF A LOT OF US WHO REALLY, YOU KNOW, UPHELD THE RESULTS FOR MANY YEARS, WHETHER YOU'RE GETTING POLYGRAPHED OCCASIONALLY, WHETHER YOU'RE LOCKING YOUR SAFE AT NIGHT AND ULTIMATELY FOR ME I WAS A CIA OPERATIONS OFFICER SO MY JOB WAS TO SPOT ASSESS, DEVELOP, RECRUIT AND HANDLE AN AGENT. WHAT IS AN AGENT, SOMEONE WE RECRUIT, A RUSSIAN FOREIGN MINISTRY OFFICIAL, A CHINESE MILITARY OFFICER, AN IRANIAN ENGINEER AND THEY PUT THEIR LIVES IN OUR HAND AND THERE'S A SECRET BOND BETWEEN A CIA CASE OFFICER AND THE AGENT. WHAT IS THAT BOND? WORKING TO KEEP YOUR IDENTITY SECRET SO THE NOTION THAT, YOU KNOW, POTENTIALLY THE PRESIDENT OF THE UNITED STATES AND THEN THE FORMER PRESIDENT, YOU KNOW, ALLOWED THIS INFORMATION TO KIND OF GO OUT INTO THE ETHER AND POTENTIALLY BE COMPROMISED, THAT'S REALLY HARD FOR A LOT OF US TO TAKE. IT IS GOING TO TAKE IT POTENTIALLY MORE DIFFICULT DOWN THE LINE TO RECRUIT AGENT. YOU KNOW, THAT'S THE LIFEBLOOD OF MY OLD ORGANIZATION. >> I WOULD THINK SO. BARBARA, LET'S TALK ABOUT THESE LAWYERS FOR JUST A SECOND. WE KNOW NOW THAT THE LAWYERS WHO WORK FOR US, NOT THE LAWYERS WHO WORK FOR TRUMP, HAVE BEEN INTERVIEWED, TOP WHITE HOUSE LAWYERS PAT PHILBIN AND PAT CIPOLLONE, BOTH OF THEM WERE OBVIOUSLY WORKING FOR US, WHITE HOUSE COUNSELS. THEY WERE -- YOU KNOW, THE FBI HAS TALKED TO THEM OR THE GRAND JURY HAS TALKED TO THEM. THE CONCERN HERE I THINK IS NOT THEM BECAUSE THEY SEEM TO BE FAIRLY STRAIGHT SHOOTERS, EACH WHEN IT COMES TO THE JANUARY 6th STUFF. TRUMP'S PERSONAL LAWYERS HAVE OVER AND OVER AGAIN REPRESENTED THAT THEY PERSONALLY SAW TO IT THAT EVERYTHING WAS TURNED OVER, THAT THERE WAS NOTHING LEFT THERE AND YET THE STUFF WAS SO EASY TO FIND. IT WAS JUST IN HIS OFFICE. HOW IS IT POSSIBLE THAT NONE OF THE CUSTODIAN OF RECORDS, HIS PERSONAL ATTORNEYS OR EVEN THE WHITE HOUSE COUNSEL OR DEPUTY WHITE HOUSE COUNSEL COULD NOT HAVE KNOWN THAT DONALD TRUMP HAD ALL OF THIS STUFF? >> YEAH. I THINK THAT PROBABLY EXPLANATION THE INCLUSION IN THE SEARCH WARRANT AFFIDAVIT OF THE STATUTE THAT MAKES IT A CRIME TO CONCEAL DOCUMENTS AS A FORM OF OBSTRUCTION OF JUSTICE. TO SAY AND ATTEST IN A SIGNED DOCUMENT HERE'S THE REST OF IT IN JUNE TO RETURN AN ENVELOPE AND THEN FOR THE FBI TO COME BACK TWO MONTHS LATER AND FIND 30 MORE BOXES, WE DON'T KNOW WHAT THE BASIS OF THEIR KNOWLEDGE WAS THAT THERE WERE ADDITIONAL DOCUMENTS THERE, BUT CLEARLY THEY KNEW THINGS THAT WERE EITHER UNKNOWN TO THESE LAWYERS WHEN THEY SIGN IT HAD OR THAT THEY DELIBERATELY FAILED TO DISCLOSE, AND I AGREE WITH YOU. ONE OF THE FACTS THAT WAS REALLY IMPORTANT IN THE AFFIDAVIT THAT WAS UNSEALED IN PART LAST FRIDAY WAS THE PART THAT SAID, YOU KNOW, THEY REPRESENTED THAT THIS WAS DUE DILIGENCE THAT THEY WENT THROUGH AND REVIEWED ALL THESE THINGS AND IN JUST A COUPLE OF HOURS, THE FBI AGENTS WHO SHOWED UP WERE ABLE TO FIND THESE 30 BOXES OF DOCUMENTS AND SO I THINK THESE LAWYERS HAVE SOME POTENTIAL CRIMINAL LIABILITY. THERE IS SOME PRIVILEGE ISSUE TO WORK THROUGH HERE. BOTH ATTORNEY-CLIENT AND FIFTH AMENT PRIVILEGE IF THEY WANT TO QUESTION THESE TWO PEOPLE, BUT I THINK IT'S ALSO VERY IMPORTANT TO FIND OUT WHETHER IT WAS DONALD TRUMP WHO MADE THESE REPRESENTATIONS TO THEM WHEN THEY ATTEST THAT HAD THEY HAD ALL OF THE DOCUMENTS BACK. >> I WANT TO STAY WITH YOU FOR JUST A SECOND, BARB. WILLIAM BARR IS NO GREAT CREATURE EVER VIRTUE. HE LIED TO THE AMERICAN PEOPLE ABOUT THE MUELLER REPORT. HE ENABLED DONALD TRUMP IN EVERY WAY POSSIBLE AND ACTED AS IF HE WAS DONALD TRUMP'S PERM LAWYER AND NOT THE LAWYER FOR THE UNITED STATES WHICH WAS HIS REAL JOB, BUT EVEN HE SAID THAT EVERY SINGLE ASPECT OF THIS STORY IS BAD. IF DONALD TRUMP WAVED A MAGIC WAND OVER A BIG BOX OF DOCUMENTS AND SAID I HEREBY DECLASSIFY IT ALL THAT'S WORSE BECAUSE YOU'RE SUPPOSED TO NOTIFY EACH AGENCY I'M DECLASSIFYING THIS, THIS AND THIS BECAUSE OF THE SPIES. YOU HAVE TO TELL PEOPLE I'M DECLASSIFYING STUFF AN MAKING IT NOT SECRET. JUST HAVING THE DOCUMENTS AT ALL IS A CRIME. EVEN WILLIAM BARR WHOSE WHOLE PURPOSE IN GOVERNMENT WAS TO DEFEND DONALD TRUMP HAS SAID BAD, AND HE SAID IT ON FOX. AT THIS POINT IS THERE ANY DEFENSE WHATSOEVER THAT -- TWO QUESTIONS FOR YOU. IS THERE ANY DEFENSE WHATSOEVER FOR HAVING THESE DOCUMENT, AND, NUMBER TWO, IS THE FACT THAT SOME OF THE FOLDERS WERE EMPTY IN AND OF ITSELF EVIDENCE OF CONCEALMENT? >> FIRST, IS THERE ANY DEFENSE? NONE THAT IS APPARENT. NOW THERE MAY BE THINGS BEHIND THE REDACTION BARS THAT PROVIDE SOME DEFENSE OR MAYBE SOME PIECE OF THE FACTS BUT THE DECLASSIFICATION EVENT IS AN ABSOLUTE LOSER. IT'S IMAGINARY, COULD NOT HAVE HAPPENED AND NUMBER TWO IT DOESN'T HAPPEN. IT'S LEGALLY IRRELEVANT TO THE CHARGES LISTED ON THE SEARCH WARRANT AFFIDAVIT THAT DON'T REQUIRE THAT THE DOCUMENTS BE CLASSIFIED. ONE OF THEM IS JUST THAT THEY ARE GOVERNMENT RECORDS AND ANOTHER IS THAT THEY RELATE TO THE NATIONAL DEFENSE AND THE THIRD IS THAT THERE WAS OBSTRUCTION OF JUSTICE HERE. YES, DO I THINK THE FACT THERE'S EMPTY FOLDERS HERE DOES MAKE IT MORE LIKELY THAT CHARGES WILL BE FUELED. BACK WHEN JIM COMEY EXPLAINED WHY IT WAS HIS RECOMMENDATION THAT HILLARY CLINTON NOT BE CHARGED FOR HAVING AN UNSECURED PRIVATE EMAIL SERVER THAT DID RECEIVE SOME CLASSIFIED E-MAILS, ONE OF THE FACTORS THAT HE LOOKED AT THERE WAS WHETHER THERE WE ANY WILLFUL DISREGARD FOR THE LAW OR WHETHER THE DOCUMENTS HAD BEEN STORED IN SUCH A WAY AS TO DEMONSTRATE A CARELESSNESS FOR WHO MIGHT GET AHOLD OF THE DOCUMENTS AND THERE WAS NO EVIDENCE THAT HAVE BECAUSE SHE ONLY SHARED WITH OTHER AGENCY PERSONNEL. HERE THE FACT THAT THEY ARE EMPTY FOLDERS. THAT REALLY SUGGESTS THAT THEY WERE STORED IN A VERY HAPHAZARD FASHION AND MAYBE THEY HAVE EVEN BEEN, YOU KNOW, GIVEN AWAY, SOLD, WHO KNOWS WHAT HAS HAPPENED TO THEM. IT'S IMPORTANT TO GET TO THE BOTTOM OF IT. BUT EVEN IF WE NEVER FIND OUT WHERE THEY WENT, THE FACT THEY