CULTURAL IMPLICATIONS OF MAJOR SUPREME COURT CASES, AND GREAT TIMING TO HAVE THIS PODCAST. WE ARE CONTINUING TO TALK ABOUT THE FALLOUT FROM DONALD TRUMP'S PRIMETIME INTERVIEW THIS WEEK, AND HE DOUBLED DOWN ON THE DOCUMENTS HE HAD FROM THE WHITE HOUSE, AND SOME PEOPLE ARE THINKING, WHAT WAS HE THINKING? ERIC ERICKSON TWEETED, GUYS, TRUMP ADMITTED ON TV TONIGHT HE WITHHELD DOCUMENTS FROM THE GRAND JURY. GAME OVER. WHAT AN IDIOT. AND THEN THE FIRST RULE OF THE FEDERAL INDICTMENT CLUB IS YOU DON'T TALK ABOUT YOUR CASE. THE SECOND RULE OF FEDERAL INDICTMENT CLUB IS REALLY DON'T DO THIS. DID TRUMP JUST ADMIT TO OBSTRUCTION ON NATIONAL TELEVISION? FREQUENT LEGAL COMMENTATOR FOR FOX NEWS, JONATHAN TURLEY SAID BRET BAIER CONDUCTED AN INTERVIEW WITH DONALD TRUMP, AND STATEMENTS OF THIS KIND ARE GENERALLY ADMISSIBLE AT TRIAL. THEN THERE'S FORMER NEW JERSEY GOVERNOR AND GOVERNOR PRESIDENTIAL CANDIDATE, CHRIS CHRISTIE, WHO SAID THIS. >> THE PROBLEM FOR DONALD TRUMP IN ALL OF THIS IS HIS OWN CONDUCT. HE'S HIS OWN WORST ENEMY. NONE OF THIS WOULD HAVE HAPPENED TO HIM OR THE COUNTRY IF HE JUST RETURNED THE DOCUMENTS. IT APPEARS TO ME LAST NIGHT AS A FORMER PROSECUTOR THAT HE ADMITTED OBSTRUCTION OF JUSTICE ON THE AIR LAST NIGHT TO BRET BAIER. I CAN TELL YOU THIS, HIS LAWYERS THIS MORNING ARE JUMPING OUT WHATEVER WINDOW THEY ARE NEAR. >> ADD TO THAT WHAT ANDY McCARTHY, A CONTRIBUTING EDITOR AT A LEGAL REVIEW AND FOX NEWS CONTRIBUTOR, HE HAD THIS TO SAY ABOUT REACTION FROM FORMER ATTORNEY GENERAL UNDER TRUMP, BILL BARR. >> HOW DOES HE GET THAT INTO THE RECORD WITHOUT APPEARING AS A WITNESS? >> THERE WOULD HAVE TO BE -- THIS IS WHY I DON'T THINK HE HAS A DEFENSE. FIRST OF ALL, I THINK IF YOU DO THAT UNDER THE PRESIDENTIAL RECORDS ACT THERE SHOULD BE A DOCUMENT SUPPORTING IT, OTHERWISE HE HAS TO HAVE A WITNESS THAT SHOWS THAT HE DID IT, AND I DON'T THINK HE HAS THAT, AND IT'S IRRELEVANT THAT HE DOESN'T HAVE A DEFENSE TO THE CHARGES. >> ASSUMING HE THINKS IT'S A RELEVANT ARGUMENT AND THEY WANT TO MAKE THAT ARGUMENT TO THE JURY, HOW DO THEY GET THE ASSERTION THAT HE CLASSIFIED THEM INTO HIS MIND INTO THE RECORD WITHOUT HIM GOING ON THE STAND? GO AHEAD, AND TALK THROUGH THE MUSIC. >> HE HAS TO TESTIFY TO IT. >> HE'S NOT A VICTIM HERE. HE WAS TOTALLY WRONG THAT HE HAD THE RIGHT TO HAVE THOSE DOCUMENTS. THOSE DOCUMENTS ARE AMONG THE MOST SENSITIVE SECRETS THAT THE COUNTRY HAS, AND HE HAS TO BE IN THE -- THEY HAVE TO BE IN THE CUSTODY OF THE ARCHIVIST, AND HE KEPT THEM IN A WAY AT MAR-A-LAGO WHERE ANYBODY THAT CARES ABOUT NATIONAL SECURITY, THEIR STOMACH WITH CHURN AT IT. HERE I THINK THE GOVERNMENT ACTED RESPONSIBLY. THEY GAVE HIM EVERY OPPORTUNITY TO HANDOVER THE DOCUMENTS, AND THEY ACTED WITH RESTRAINT. THEY TALKED WITH HIM FOR ALMOST A YEAR TO GET THOSE DOCUMENTS AND HE JERKED THEM AROUND, AND THEY WENT TO A SUBPOENA AND ACCORDING TO THE LIBRARY HE LIED AND OBSTRUCTED THAT SUBPOENA. THEN THEY DID A SEARCH AND THEY FOUND A LOT MORE DOCUMENTS, AND THEY ARE NOT -- I DON'T THINK THEY ARE SURE NOW WHETHER THEY HAVE EVERYTHING. >> MORE FROM BARR, NEIL, WHO WROTE THIS RECENTLY IN THE FREE PRESS, FOR A BASIC RESPECT FOR THE TRUTH IT'S TIME THAT REPUBLICANS COME TO GRIPS WITH THE HARD TRUTHS ABOUT PRESIDENT TRUMP'S CONDUCT AND ITS IMPLICATION, AND CHIEF AMONG THEM TRUMP'S INDICTMENT IS NOT THE RESULT OF UNFAIR PROSECUTION, THIS IS A SITUATION ENTIRELY OF HIS OWN MAKING, THE EFFORT TO PRESENT TRUMP AS A VICTIM IS CYNICAL, POLITICAL PROPAGANDA. IT CERTAINLY SEEMS THAT MANY PEOPLE THAT HAVE SPENT THE LAST EIGHT YEARS AND THEIR REPRESENTATIONS DEFENDING DONALD TRUMP ARE RUNNING FOR THE EXITS. >> THAT'S EXACTLY RIGHT, JOE. I AM AFRAID TO SAY THIS BECAUSE LIGHTNING MIGHT STRIKE ME DOWN, BUT I AGREE WITH BILL BARR. I MEAN, DONALD TRUMP HAS ACTED WITH THE MOST GROSS DISREGARD OF NATIONAL SECURITY IMAGINABLE, AND THIS IS NOT JUST BILL BARR'S VIEW BUT IT'S ALMOST EVERYBODY IN TRUMP'S FORMER CABINET, WHETHER IT'S HIS FORMER CHIEF OFS STAFF, OR DEFENSE SECRETARY, OR HIS VICE PRESIDENT, MIKE PENCE, THEY HAVE ALL COME OUT AND SAID EXACTLY THIS. TO ME THE SURPRISING THING FOR SOMEBODY LIKE BARR IS, YOU KNOW, WHERE WERE YOU FOR THE LAST SEVERAL YEARS? THIS IS -- TRUMP AND THE MISHANDLING OF THE DOCUMENTS IS NOT DIFFERENT FROM THE WAY HE MISTREATED OTHER LAWS AND OUR CONSTITUTION, AND IT'S THE SAME PATTERN BUT THIS TIME, AS BILL BARR SAYS, HE'S TOAST. THE EVIDENCE LOOKS OVERWHELMING, AND THE PERSON THAT AGREES WITH IT IS DONALD TRUMP IN THAT FOX NEWS INTERVIEW THIS WEEK. >> SPEAKING OF THE FOX NEWS INTERVIEW, MAYBE YOU CAN CLEAR SOMETHING UP FOR US. IS WHAT DONALD TRUMP SAID UNDER QUESTIONING FROM BRET BAIER, IS THAT ADMISSIBLE UNDER TRIAL? CAN YOU USE THOSE TRANSCRIPTS AND HIS WORDS AGAINST HIM IN A TRIAL? >> YEAH, THERE'S NO FOX NEWS EXCEPTION INTO THE FEDERAL RULES OF EVIDENCE, AND IT'S NOT LIKE THEY WERE GIVEN IN AN UNMIRANDIZED WAY IN LAW ENFORCEMENT AND HE WAS NOT WARNED ANYTHING COULD BE USED AGAINST HIM, AND HE WAS VOLUNTEERING ON HIS OWN AND THERE WAS NO COERCION OR ANYTHING, AND YOU MIGHT HAVE TO COERCE ME TO BE ON THAT BUT NOT DONALD TRUMP, SO I THINK HE HAS NO LEG TO STAND ON AND THIS IS GOING TO BE ADMITTED AS AGAINST HIM. >> THE PLEA AGREEMENT STRUCK BY HUNTER BIDEN, AND THE DEPARTMENT OF JUSTICE. WE HAVE HEARD A WIDE RANGE OF REACTIONS FROM THE LEGAL COMMUNITY AS TO THE APPROPRIATENESS OF THE CHARGES, YOU KNOW, AND OBVIOUSLY REPUBLICANS ARE CLAIMING FAVORITISM HERE. >> THE PROSECUTOR WAS NOT AOC OR MERRICK GARLAND, AND THE GUY'S NAME WAS DAVID WEISS, AND HE WAS APPOINTED BY DONALD TRUMP AND HE IS WELL RESPECTED AND THE FORMER CAREER TOP PROSECUTOR BEFORE GETTING A POLITICAL APPOINTMENT BY TRUMP TO BE THE CHIEF EXECUTING OFFICER FROM DELAWARE. AND THEN THE QUESTIONS FROM JIM JORDAN LAST MONTH, WEISS CLASSIFIED IN A LETTER TO CONGRESS THAT HE AND NOT MERRICK GARLAND HAD THE DECISION OVER HUNTER BIDEN, AND THIS AGREEMENT DOES HAVE TO BE SIGNED OFF ON BY A FEDERAL JUDGE. I DON'T THINK THERE'S ANY DOUBT THE JUDGE WILL SIGN OFF ON IT, BECAUSE IF ANYBODY REALLY HAS TO COMPLAIN HERE, I WOULD SAY IT'S ACTUALLY HUNTER BIDEN, BECAUSE FIRST-TIME OFFENDERS LIKE THI
