going to see in those materials. >> fbi, department of justice would have had to have had compelling evidence of potential criminal activity for them to conduct this type of surveillance against an individual who has worked closely with mr. trump over the course of many years. >> what do you think is going to happen with michael cohen? >> i think michael cohen is in a lot of trouble. while we monitor what's happening inside that courtroom, let's bring in our reporters and analysts. nbc's jeff bennett at the white house. danny savalos, criminal defense attorney and msnbc legal analyst. jonathan lamier, an msnbc political analyst. paul fishman, former u.s. attorney for the district of new jersey. danny, how rare is it for the president's legal team to say, hey, no, the president of the united states, y should look atl these materials first before investigators get hold of them? >> to use a legal term, it is