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so, in just a few hours a judge will hear arguments over whether or not to unseal the affidavit behind the fbi s search of mar-a-lago, and tonight, cnn is learning that some trump allies are pushing him to publicly release surveillance video of the search. let s discuss now, cnn law enforcement analyst and former fbi dictated director andrew mccabe, he s the author of the threat, how the america fbi protects america in the age of terror and trump. kim whaley is here she is visiting professor of law at american university and the author of, how to think like a lawyer. i m so glad both of you are on. good evening, thank you so much. andrew, you know, we re talking about the former president here, threatening to release the surveillance video. wouldn t that put this investigation somehow in danger? especially the agents as well who are executing this search? sure, absolutely. there s a couple things the agents are gonna be really concerned about. first and foremost, fo ....
Laughed out of my office. And i think the Special Counsel in fairness to the country ought to talk about a subpoena and give the giuliani and trump camp a definite time limit on complying and then go to court if necessary and that action may go to the United StatesSupreme Court where as you know, the nominee in question believes very strongly that maybe the Nixon Tape Case ought to be considered and the president should be above the law. We mentioned that last night. That the unanimous Nixon Tape Case decided wrongly. What would change if there was a congressional majority in either house of democrats with Subpoena Power . There would be committees who c ....
Using rico statute to prosecute organized crime cases. explain how and why that would work. well the way the riot would work is because you do have a tape. if you listen to that tape trump becomes more and more worked up as he goes along. and it s pretty obvious that he is pushing brad raffensperger to come up with these votes, he s threatening him to come up with these votes. he s appealing to the fact that their fellow republicans. but, in any kind of tape case, which is always a better case than just having witnesses there is always some ambiguity these to the defense or can pull out of their. what they are doing in georgia is putting this together in the context of all of the other evidence. in the context of what they did, with the phony electors and what they did in other states and what they did on january 6th and then we put that together in a rico case. which means that they can take ....
Sooner rather than later. the clock is ticking on how long that select committee will be in power. very quickly, how quickly could they do it, joan, if they wanted to? okay, well, what both sides are saying is take it up in your january 14th conference. they could schedule it then for either the end of january or early february. the justices usually take a four-week recess in february. they can hear it early february, they could then decide it in a couple weeks. back in 1974 the justices decided the nixon tape case so they could do it. we could know about the archive being able to turn over those documents to the committee by the end of february if the court takes it, if it doesn t deny it outright, which i think is dicy here. so margaret, obviously the time frame here is that the democrats on the committee and riz cheney and adam kinzinger the republicans want or need this to happen when the republicans might take over next ....
I think ultimately this is a matter that the institutional power of congress is too important here. it doesn t whether it s donald trump or donald duck for tax purposes. he s got things going on with the manhattan d.a. and taxes. how does this differ in terms of how a judge might rule? it s totally different, because in the tax case, the supreme court has long said that whatever and by the way, it s different for donald trump now because he s no longer president. so the mazars rule that barbara set out doesn t even apply as strongly now because he s not president. but even then, the courts said he needed to turn it over. it s like the nixon tape case, ....