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confidence for the purpose of seeking legal advice. the presence of the third party generally constitutes a waiver. i don't think don junior conversations through hope hicks on the airplane allows him to reasonably assert attorney-client privilege. so i think it more falls into the category tvof a delay. remember, brooke, back in september he testified before the senate judiciary committee and asked about this he said he doesn't really recall it so he didn't really answer the questions. yesterday he said i recall it moran i talked to hope hicks and not my dad. then they asked let's lab rate. he said attorney-client privilege. so i think this is delay, in the worst kind of light perhaps obstructionist behavior. but it's not a valid assertion of the privilege. >> okay. do you think it's valid, mark, quickly? i have one other for you. >> very quickly, i think it's not valid. it's another almost trip to bizarre world the way they do

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