jack smith has been able to talk to all of those people, and there are a series of court decisions that we know about in which attempts to invoke either executive privilege or attorney-client privilege have been rejected by the courts. so you know from that that jack smith has been able to gather for more evidence than the january six committee was able to. >> yeah, i mean, mike pence for example, someone with these officials, you know, venue, have always been outspoken about the state of democracy, and preserving it. you know, we have kind of seen a preview of what trump's defense here could look like. he has said things like he is the right questions to the election. he obviously did a lot more than, that he tried to overturn the election. in your view how big of a moment to this? is this for the country? and preserving that democracy? >> i think it is a huge moment. look, we are in a more precarious situation as a country and we have been in a long time. we are a very polarized country, that has happened before. but the number of people in this country who doubt the veracity and reliability of our elections is at an all-time high. and now you have got an indicted former president running for office in an election in which he claimed it's rigged. that is under any definition of it a toxic mix. and so jack smith's ability to be able to lay out facts that we haven't seen yet, and the theory of what donald trump may have done to stand in the way of the will of the people in the election is a huge moment for the country. >> ben ginsburg, a huge moment for the country, thank you for joining us tonight. >> thank you. >> also, we have breaking news tonight here, russia is targeting the port city of odessa in southern ukraine. it is the third night in a row that they have been bothering them, our ukraine's armed forces reporting at least eight russian aircraft flying in the direction of the black sea.