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cnn exclusive reporting tonight. the trump legal team, engaging in direct communication with the department of justice about the january 6th criminal investigation. the news comes after we learn the justice department is getting ready for a court battle, which officials might try to keep the conversations with the former president out of reach of investigators. join me now with kim whaley, a visiting professor of law at american university, and the author of the upcoming book how to think like a lawyer, as well as cnn s senior political and terrorism analyst, philip mudd. good evening, one and all. thanks so much. kim, let s begin with you. okay. let s start with your reaction to this new report, first of all. don, i m not really that surprised. i think mayor garland has made clear, in speeches, that he s going to follow the backs of the law, as far as they take them, regardless of who is involved. and he is sort of nodded, potentially, to donald trump, and the january 6t
democrats or republicans telling judges and the department of justice whom they should prosecute. president trump and his advisers including michael flynn said lock her up, should the department of justice pursue that? i m not saying the cases are equivalent, i m saying i do not like the blind justice being altered by a political leader. let me tell you one final tactical view on this, don, and that is that if the department of justice, merrick garland, the attorney general pursues this now, what s donald trump going to say? this is a political game pursued by opponents in deep states, including kinzinger and liz cheney to go after me he s gonna say that regardless? he s gonna say that regardless though, phil. yes, but don t give him ammo. don t give him ammo. it makes it look like politics if you don t indict him that is and moves well. if you don t indict him i m not saying you should or shouldn t, when i m saying is that donald trump will take whatever happens, and peopl
twisted in his favor. am i wrong with that? don t give him ammo. ron, i will give you the final word. real quick, if we re really talking about a two front struggle to preserve american democracy, one in the legal arena and these decisions that the justice department face the other in the political arena, as you have all these candidates trying to tilt the playing field and advanced trump s misdirection and lies about 2020. one person on the spot, doug doocy the governor of arizona who has defended and asserted the election, khazan entire slate of republicans who say that he is wrong or either wrong or is lying, and is he going to go out and basically say let s give them the power to control the next election? i think the standard that liz cheney has set really puts a spotlight on what doug doocy does in the next few days and weeks. thank you all, i appreciated, phil do you want to say something, really quick. i m done, don.
political leader. let me give you one final tactical view on this, don. that is if the department of justice, mayor garland, the attorney general, pursues this now, what s donald trump going to say? this is a political game, pursued by my opponents, the deep state, including adam kinsinger and liz cheney, to go after me. was going to say that, regardless he s going to set nicholas, phil. i take your point. he s going to say that, regardless of the indictment. don t give him ammo, though. makes it look like politicians are telling them what to do. look, if you don t indict him i m not saying you should or shouldn t, what i m saying is that donald trump will take whatever happens, and he will twist it in his favor. mi wrong with that? don t give him ammo. ron real quick? we re really talking about a two-front struggle to preserve american democracy. one, the legal arena, and these