trial. reporter: can trump overcome this case? house judiciary chairman jim jordan will join me next. and political shock wave. the historic indictment further unsettles the presidential contest. it is a horrible thing for this country. i have never once suggested to the justice department what they should do or not do. reporter: will trump be on trial while he is on the trail? i ll speak to former impeachment prosecutor and democratic congressman dan goldman, ahead. plus, pardon power. one republican presidential candidate said he d pardon trump if he wins. this is not about politics to me. this is about principle. reporter: another says trump needs to drop out. the country doesn t need this distraction. reporter: how does the indictment change the gop race? two presidential hopefuls join me in moments. hello. i m dana bash in washington where the state of our union is once again in uncharted waters. this weekend a defiant donald trump is once again pre
jordan will join me next. and political shock wave. the historic indictment further unsettles the presidential contest. it s a horrible thing for this country. i have never once suggested to the justice department what they should do or not do. will trump be on trial while he s on the trail? i ll speak to former impeachment trial dan goldman ahead. plus pardon power. one republican press daidential candidate approximately. this is about principle. another says trump needs to drop out. the country doesn t need this distraction. how does the destruction change the gop. vivek joins me? just moments. hello. i m dana bash in washington where the state of our union is once again in uncharted waters f. this weekend a defiant donald trump preparing to meet in court this time on tuesday in miami where the former president will face 37 federal count over mishandling classified documents and obstructing an investigation after he left office. at campaign events on
president trump said friday about something that caught his eye in the indictment. one of the, i guess, most disturbing things in here to me is that they, in my opinion, improperly pierced the attorney-client privilege and then used attorney-client privilege discussions to form the basis of charges. i do see a viable motion to dismiss. do you share his concerns? well, that was not jack smith who made that decision. that was a district court judge who determined that those conversations were, pursuant to the crime fraud exception, were exempt from the attorney-client privilege. that s why they used it. not because jack smith decided to use it but because a district court judge, and i believe it was appealed to the court of appeals as well, the judiciary decided that that was fair game for them. but that is just one piece of many, many damming pieces of
indictment. one of the, you know, i guess most disturbing things in here to me is that they, in my opinion, improperly pierced the attorney-client privilege, and then used attorney-client privilege discussions to form the basis of charges. i do see a viable motion to dismiss. do you share his concerns? well, that was not jack smith who made that decision. that was a district court judge who determined that those conversations were pursuant to the crime fraud exception, were exempt from the attorney-client privilege and that s why they used it. not because jack smith decided to use it, but because a district court judge and it was appealed to the court of appeal, as well. the judiciary decided that that was fair game for them, but that is just one piece of many, many damning pieces of evidence. you have recordings. you have text messages and video