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Electors, and sort o implicating rudy giuliani in that as well i think one thing to remembe about it is that it s such a unusual situation for a lawyer a legal adviser, to have his phone seized and the amount of time, as you were saying it could take just to go through the evidence and the phone in and of itself could take a long time - he does not seem like a man wh is a verse to talking. he may feel he can sort of tal his way around issues. he obviously could be assertin at times attorney-client privilege. but that long it certainly doesn t sound like he s making a blanket assertion. yeah, let s talk about th phone for a moment the fact that the fbi ha epshteyn s phone is pretty significant, i would say, give the fact that he, in som capacity, was a lawyer in th trump world. how does that change things fo him? they have his phone or perhaps were able to access it and obviously recover it, mayb juxtapose what they are able t see on the phone with what the are questioning him abo ....
Are saying, it could take just to go through the evidence and the phone in and of itself could take a long time he does not seem like a man wh is add versed to talking he may feel he can sort of tal his way around issues. he obviously could be assertin at times attorney-client privilege. but when you re in there tha long, it certainly doesn t sound like he s making a blanket assertion. yeah, let s talk about th phone for a moment the fact that the fbi ha epshteyn s phone is pretty significant, i would say, give the fact that he, in som capacity, was a lawyer in th trump world. how does that change things fo him? they have his phone or perhaps were able to access it and obviously recover it, mayb juxtapose what they are able t see on the phone with what the or questioning him about it really gives him a outline to go through timeline with him, to go through th narrative and to go throug what testimony he should b able to give based on what i in his phone i can t emphasize what an od ....
Prosecutor can do with it. at all. it s not admissible. the jury is not entitled to consider it. it s a fitted men. means that you can t burden the assertion of the fifth amendment by bringing that to court. so how can roger stone, who is asked in his transcript. which they released tonight. asked what his ages. he says i invoke the fifth. nothing about his age. i mean it might be vein. but nothing about his age is going to incriminate him. how can he use it in that way? that s an overassertion. you have people saying things that are sort of what is your age or jeffrey clark was asked did you ever work at doj. seriously, how can you really condense that fact? that s an over assertion. it happens all the time. some lawyers, good defense lawyers say you know what, you don t want a claim of waiver. better to have a blanket assertion. opposed to somebody claiming you are picking and choosing. so it does happen. frankly, the assertion of the fifth amendment is a very low standard. ....
Actually did a very good thing the other day, the justice department came in and told the judge do not release a single word of this affidavit. the judge to his credit rejected that. he said not so fast, justice department. the public has a very strong interest, in fact a right to public access court documents. that extends to everything, including affidavits. now, look, there can be reasons why you keep affidavits under seal, you don t want to compromise the ongoing investigation, but the judge rejected the blanket assertion of confidentiality and said we are going to go through it line by line and what can be shown to the american people. aishah: it came as a big surprise to legal minds and to me, maybe we ll be surprised in just about a week. tom, thanks for joining us. thank you. john: potential new evidence in a gruesome killing made famous by netflix. why the defense in the making a murderer case is pushing for a ....