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hey, everyone. it s 4:00 in new york. i m in for nicole wallace. special counsel jack smith is a prosecutor that stays out of the spotlight. he prefers to speak through his fiings. that s why his laltest brief in the federal election case merits our attention. over the weekend, the justice department responded to trump s claims that he is immune from prosecution. what he did was within the scope of his duties as president of the united states. it s an argument that trump was taking to the courts in order to get the whole election case dismissed. the special counsel is speaking to the court. let s be honest. he s also speaking to any of us who care about the health of our democracy. prosecutors acknowledge the fact we re dealing with an unprecedented situation. for the first time in our nation s history, a grand jury charged a former president of committing crimes while in office to overturn an election he lost. in response the defendant claims to protect the institution of th

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