>> Neil: INTERESTING.
GOOD REPORTING ON ALL OF THIS,
DAVID SPUNT.
I WANT TO GO TO JOHN YU, U.C.
BERKELEY LAW PROFESSOR.
CLERKED FOR JUSTICE THOMAS, I
MIGHT POINT OUT.
ANDY McCARTHY WITH US AS WELL,
THE FORMER U.S. ASSISTANTS
ATTORNEY.
ANDY, IF I CAN BEGIN WITH YOU.
THE FORMER PRESIDENT MADE MUCH
TO DO ABOUT A SEPARATE REMARK IN
TRUTH SOCIAL.
THE AFFIDAVIT IS HEAVILY
REDACTED.
NOTHING MENTIONED ON NUCLEAR.
A SUPERVISOR
SUBTERFUGE BY THE DOJ.
THE NUCLEAR THING WOULDN’T HAVE
BEEN A PART OF THIS ANYWAY.
>> RIGHT.
YOU KNOW, DAVID, NEIL, JUST
TALKED ABOUT SCI, SENSITIVE
COMPARTMENTALIZED INFORMATION.
NEY USE TERMS LIKE SCI BECAUSE
YOU CAN’T DISCUSS THE SUBSTANCE
OF CLASSIFIED INFORMATION.
THAT’S WHY IT’S CLASSIFIED.
I JUST -- I THINK THAT PRESIDENT
TRUMP IS GETTING POOR ADVICE
BECAUSE IT SEEMS TO ME LOOKING
AT THIS THAT THE JUSTICE
DEPARTMENT DOES NOT INTEND TO
PROSECUTE HIM AT LEAST ON A
CLASSIFIED INFORMATION OR
RECORDS RETENTION VIOLATION.
>> Neil: HOW WOULD YOU KNOW
THAT, ANDY?
>> YOU DO SEARCHES AT THE ENDS
OF AN INVESTIGATION AND THAT’S
WHY YOU NEVER HAVE THIS ISSUE OF
RELEASING AN AFFIDAVIT IN THE
MIDDLE WHILE THE FBI IS TRYING
TO GATHER EVIDENCE.
THE ONLY WAY IT MAKES SENSE TO
ME THAT THEY’RE FIGHTING SO HARD
TO AVOID DISCLOSING THE
INFORMATION, BECAUSE INFORMATION
IN THESE KINDS OF AFFIDAVITS
TYPICALLY GETS DISCLOSED.
THE ONLY REASON IT MAKES SENSE
TO FIGHT OVER IT IS IF YOU HOPE
THAT YOU’LL NEVER HAVE TO
DISCLOSE IT, WHICH ARGUES TOWARD
NOT PROSECUTING HIM.
SO I THINK, YOU KNOW, IF HE
WANTS TO KEEP BE RATING THE
JUSTICE DEPARTMENT AND THE FBI,
HE COULD TALK HIMSELF IN TO
BEING CHARGED BECAUSE THEY COULD
GO TO GARLAND AND SAY, YOU KNOW,
LOOK, HE’S CASTIGATING US.
THE ONLY WAY THAT WE CAN GET OUR
REPUTATIONS BACK AND SHOW THE
PUBLIC WHAT REALLY HAPPENED HERE
IS TO HAVE A PUBLIC TRIAL.
WHEREAS I DON’T REALLY THINK
THAT’S WHERE THIS IS HEADED.
>> Neil: INTERESTING.
ANDY RAISES A GOOD POINT BECAUSE
IT’S NOT IN THIS AFFIDAVIT,
WHICH WAS THE JUSTIFICATION TO
RATIONALE FOR GOING AHEAD AND
SERVING THE PRESIDENT’S FLORIDA
HOME.
IT COULD BE INDIRECTLY AND AMONG
THE JUSTIFICATIONS FOR IT.
MORE IMPORTANTLY, THEY HAVE THE
DOCUMENTS NOW.
ALL THE ONES THAT THEY WANTED TO
GET AND IT COULD STILL COME UP,
COUNT IT?
>> YOU MADE A GOOD POINT.
IF THE JUSTICE DEPARTMENT AND
THE WHITE HOUSE HAND THE
INTELLIGENCE AGENCIES WANTS THE
DOCUMENTS BACK, THEY HAVE THEM
BACK.
NOW THAT THEY HAVE THEM BACK,
THEY SHOULDN’T BE PRESSING
FORWARD WITH ANY KIND OF
INVESTIGATION.
IT’S OVER.
THAT’S WHY I DON’T THINK THERE’S
ANY REAL BLOCK OTHER THAN
DECLASSIFYING, MAKING THE
AFFIDAVIT MORE FULLY PUBLIC.
WHY NOT DECLASSIFY THE DOCUMENTS
THAT THEY TOOK FROM PRESIDENT
TRUMP AND SHOW THE PUBLIC WHAT
THEY WERE.
IF THE GOVERNMENT REALLY FEELS
THAT THIS WAS A NATIONAL
SECURITY THREAT FOR PRESIDENT
TRUMP TO HAVE THESE DOCUMENTS,
LET’S SEE THEM IN A SANITIZED
FORM.
IF THEY REALLY AREN’T THAT
DANGEROUS, THEN MAKE PRESIDENT
TRUMP REALLY HAS A GOOD POINT.
BUT THE OTHER THING, NEIL, I
HAVE A HARD TIME BELIEVING THAT
THIS JUSTICE DEPARTMENT IS GOING
TO TRY TO PROSECUTE PRESIDENT
TRUMP NOW THAT WE’VE LEARNED
MORE DETAILS ABOUT HOW THESE
DOCUMENTS WERE KEPT.
PRESIDENT TRUMP WAS JUST TOSSING
THEM IN TO BOXES WITH PHOTOS AND
CLIPPINGS.
SOUNDS LIKE A 95-YEAR-OLD GUY
THROWING PAPERS IN A BOX.
I CAN’T SEE THERE BEING A
PROSECUTION OF PRESIDENT TRUMP
FOR THAT.
>> Neil: DOES IT COME DOWN TO
GENTLEMEN, IF THE WHOLE PURPOSE
OF THE RAID, WHATEVER YOU WANT
TO CALL IT, IS TO GET BACK VERY
VALUABLE IS CLASSIFIED EVEN
THOUGH THE PRESIDENT HIMSELF
SAID AS PRESIDENT HE COULD
DECLASSIFY THEM, BUT TO GET THIS
SNUFF BACK, NATIONAL ARCHIVES
AND STUFF WERE LOOKING FOR
THESE, DEMANDING THESE,
WONDERING WHAT HAPPENED TO THEM,
WE’RE SEPARATELY TOLD THE WHITE
HOUSE COUNSEL’S OFFICE, YOU
KNOW, WAS INVOLVED IN THIS TO A
DEGREE EVEN THOUGH WE’RE HEARING
FROM THE WHITE HOUSE NOBODY WAS
BRIEFED ON THIS.
I DON’T KNOW WHERE TO GO ON THAT
ONE.
IF THIS IS ALL ABOUT GETTING
SENSITIVE DOCUMENTS BACK IN THE
RIGHT HANDS, HOW DO WE KNOW
THERE’S NOT MORE HERE?
THAT THIS WASN’T JUST ABOUT
GETTING THOSE DOCUMENTS.
ANDY, WHAT DO YOU THINK?
>> THAT’S THE REASON WHY THE
SEARCH TOOK NINE OR TEN HOURS
AND THEY HAD AUTHORITY TO PICK
UP EVERY SCRAP OF PAPER THAT WAS
RELATED TO THE TRUMP PRESIDENCY.
THEY WANT TO MAKE SURE THAT THEY
GOT EVERYTHING.
YOU’RE RIGHT.
YOU NEVER CAN HAVE THAT KIND OF
ASSURANCE.
IT JUST -- THAT KIND OF PERFECT
INFORMATION DOESN’T EXIST.
I JUST REALLY THINK THAT --
THERE’S SO MUCH DOWN SIDE TO
TRYING TO PROSECUTE A CASE LIKE
THIS.
I DON’T THINK THAT THEY JUST
WANTED TO MAKE SURE THE
DOCUMENTS GOT BACK IN THE RIGHT
HANDS.
IF THEY HAD SENSITIVE TOP SECRET
INFORMATION DOWN THERE AND
SOUNDS LIKE THEY DID, EVERY TIME
THERE’S A POSSIBILITY THAT THAT
KIND OF INFORMATION MAY HAVE
FALLEN INTO THE WRONG HANDS, THE
FBI AND THE INTELLIGENCE
COMMUNITY HAVE TO DO A DAMAGE
ASSESSMENT TO FIGURE OUT LIKE IF
THEY ARE COMPROMISED ARE THERE
INFORMANTS THAT WE HAVE TO PULL
OUT, ARE THERE INTELLIGENCE
OPERATIONS THAT WE HAVE TO ROLL
UP.
IS ANYBODY IMPERILLED.
HAVE WE EXPOSED OURSELVES SO THE
RUSSIANS OR CHINESE CAN FEED US
DISINFORMATION.
THAT CAN’T BE ASSESSED UNTIL WE
HAVE THE DOCUMENTS BACK.
>> Neil: IS IT CRIMINAL NOR THE
FORMER PRESIDENT TO HAVE SUCH
DOCUMENTS?
>> THAT WOULD HAVE TO BE
LITIGATED OUT.
PRESIDENT TRUMP IS SAYING HE
DECLASSIFIED THEM.
THE GOVERNMENT SAYS HE STILL HAD
SENSITIVE INFORMATION THAT
DOESN’T REQUIRE TO PROVE IF
THEY’RE CLASSIFIED TO CHARGE
HIM.
I THINK WHAT THIS REALLY IS --
YOU CAN THINK OF IT LIKE SPRING
TRAINING WHICH WE’RE GOING
THROUGH IN THE NFL RIGHT NOW,
THIS IS A PRELUDE TO THE BIG
SHOW, THE INVESTIGATION ABOUT
JANUARY 6.
MAYBE WHAT YOU’RE REALLY SEEING
IS TRUMP AND THE FBI FLEXING
THEIR MUSCLES AND SAYING WE’RE
GOING TO PLAY HARDBALL WHEN IT
COMES TO THE SEARCHES FOR
JANUARY 6 AND ANY KIND OF
CRIMINAL PROSECUTION YOU MIGHT
BRING FOR THAT.
ANDY IS RIGHT.
THEY SEARCHED FOR THINGS BROADER
THAN THE CRIMINAL CHARGES, WHICH
MAKES PEOPLE THINK THEY’RE
LOOKING FOR JANUARY 6 MATERIALS,
THIS HUGE REDACTED DOCUMENT
DOESN’T PUT THOSE CONCERNS TO
REST.
>> Neil: ANDY, I WONDER ABOUT
WHAT THE PRESIDENT PRECEPT WHITE
HOUSE OCCUPANT OR THOSE AROUND
HIM NEW ABOUT THIS. THIS IS A BIG DEAL.
THIS IS A BIG DEAL.
I MEAN, IT’S UN PREPRECEDENTED T
RAID A FORMER PRESIDENT’S HOME.
WHEN I TALKED TO DON LEMON ON
CNN, I WAS SURPRISED ON THE
DOUBLE DOWN ON THAT.
REACT TO THIS.
>> YOU HAD TO KNOW THAT IT WAS
THERE OR THAT THERE WERE MISSING
BECAUSE HE SIGNED OFF ON GIVING
THE ARCHIVES THE AUTHORITY ON
THE EXECUTIVE PRIVILEGE TO MAKE
A DECISION.
>> DON, JUST TO -- I WANTS TO
MAKE SURE THAT WE SEPARATE THE
TWO.
WHEN IT COMES TO THE ACTUAL
SEARCH, WHEN IT COMES TO THE
COMMENTS THAT THE ATTORNEY
GENERAL MADE RECENTLY, I BELIEVE
IT WAS LAST WEEK, WE DID NOT
KNOW ABOUT THAT.
>> Neil: ALL RIGHT.
WE DID NOT KNOW THAT.
FOLLOW UP REMARKS WERE WE’RE NOT
BRIEFED.
I’M NOT SHREWD OR SAVVY ENOUGH
WITH LEGAL SPEAK TO KNOW THE
DIFFERENCE.
I FIND IT A LITTLE HARD TO
BELIEVE, ANDY, THAT THEY WOULD
KNOW NOTHING ABOUT THIS.
YOU KNOW WHAT YOU’RE DOING.
THE NATIONAL ARCHIVES HAS GOTTEN
TO THE WHITE HOUSE COUNCIL’S
OFFICE TO SEE WHAT HAPPENED TO
THIS.
SO WHAT ARE WE TO MAKE OF THAT
AND JUST THIS BACK OFFISH VIEW
THAT WE HAD NO IDEA THIS WAS
GOING ON?
THIS IS ONE OF THE BIGGEST
HISTORICAL RAIDS THAT WE’VE SEEN
IN AMERICAN HISTORY.
>> YEAH, NEIL, THE THING THAT
SCREAMS OUT TO ME IS IF THAT WAS
TRUE, IT WOULD BE REALLY
IRRESPONSIBLE.
THE PRESIDENT’S MAIN JOB IS
ACTUALLY TO KNOW THIS KIND OF
STUFF.
I KNOW THEY’RE RABID ABOUT
TRYING TO APPEAR LIKE THEY NEVER
INTERFERE IN ANYTHING THE WAY
THE JUSTICE DEPARTMENT DOES.
THE WAY THEY TEED IT UP IS A
NATIONAL SECURITY MATTER.
THEY’RE SUPPOSED TO KNOW THIS
STUFF.
BECAUSE THIS IS A FORMER
PRESIDENT, THE FBI COUNTS HAVE
GOTTEN THESE RECORDS UNLESS
BIDEN APPROVED IT AND WHEN TRUMP
ASSERTED EXECUTIVE PRIVILEGE TO
DELAY OR PREVENT THE FBI FROM
LOOKING AT THE FIRST 15 BOXES
UNTIL HIS TEAM COULD EXAMINE
THEM, IT WAS BIDEN THAT
OVERRULED TRUMP’S ASSERTION OF
PRIVILEGE.
SO THE IDEA THAT HE DIDN’T KNOW
ANYTHING ABOUT THIS IS BELIED BY
NOT ONLY COMMON SENSE BUT THE
STATUTE AND THE INFORMATION THAT
WE ALREADY KNOW.
>> Neil: JOHN, IT’S WATER UNDER
THE BRIDGE HERE, BUT APPARENTLY
THE FBI AND THE PEOPLE THAT GOT
INTO THE FORMER PRESIDENT’S HOME
KNEW EXACTLY WHERE TO GO AND
WHAT TO GET AND WHERE TO GET IT.
THAT’S A LITTLE TELLING.
I DON’T KNOW WHETHER THEY HAD A
HEADS UP OR SOMEONE WAS
PROVIDING THAT INFORMATION.
WHAT DO YOU MAKE OF IT?
>> WHEN YOU AT LOOK AT THE
AFFIDAVIT, IT’S ALMOST ENTIRELY
BLACKED OUT.
I ASSUME MOST OF WHAT IS
REDACTED IS INFORMATION RELATED
TO WHAT YOU’RE ASKING ABOUT,
NEIL.
MAKE THEY’RE SECRET SERVICE
AGENTS, MAYBE TRUMP’S LAWYERS,
MAYBE PEOPLE THAT WORK AROUND
MAR-A-LARGO.
ANY OF THOSE PEOPLE COULD HAVE
PROVIDED THAT INFORMATION.
S THAT EXACTLY THE KINDS OF
THINGS THAT THE FBI AND THE
JUSTICE DEPARTMENT WOULD FIGHT
HARDEST TO REDACT BECAUSE THOSE
PEOPLE MIGHT BE VALUABLE TO THE
INVESTIGATION IN THE FUTURE.
I THINK PEOPLE LIKE THAT WILL BE
VALUABLE FOR THE JANUARY 6
INVESTIGATION, TOO.
NOT JUST THEM BUT ANYBODY ELSE
THAT MIGHT COOPERATE WITH THE
GOVERNMENT.
THEY WANT TO KNOW THAT THEIR
IDENTITIES WILL BE PROTECTED TO
PROTECT THEM FROM RETALIATION
AND ATTACKS IN THE PUBLIC OR