you mean the world to us. so we're bringing you closer to what you love. kinda like this- welcome to 30 rock! join xfinity rewards for free on the xfinity app today. our thanks. your rewards. >> well good evening, everyone. i'm laura coates. this is cnn. a big loss for the former president a former appeals court to say no to that special master review of documents that were seized at mar-a-lago. and this is first on cnn. a federal judge is ordering the former trump white house attorneys, pets apollo, knee and patrick philbin to now testify the doj's criminal investigation of the then-presidents effort to overturn the 2020 election. plus, the georgia senate runoff is only now five days away, a sign of just how crucial this

race really is look who's out on the campaign trail tonight. campaigning for raphael warnock. and saying this about herschel walker. >> since the last time i was here mr. walker has been talking about issues that are of great importance to the people of georgia. like whether it's better to be a vampire or a werewolf. [applause] [laughter] this as the debate that i must confess i once had myself. [laughter] when i was seven. >> that's the oh at the end when you hear. that as his former boss is campaigning tonight, president joe biden and first lady dr. jill biden are holding their first state dinner. hosting french president emmanuel macron and his wife brigitte. and surprise, there's controversy about the man you.

we are not talk about tonight. here with me, national security attorney bradley moss, liam donovan, and tee and mitchell, washington correspondent for the atlanta journal-constitution. first of all, can we take a second to react to the laughter in that crowd. i mean, this is crunch time, right? this is not essentially thinking, this is a little bit more composed and thinking, let's sort of have a different take. that, for former president obama, was really going at it. >> that's been a theme in the last few days, of warnock's campaign, is using herschel walker's own words against him, and running a really running an ad that's gone pretty viral,

that's voters reacting to who are so walker. >> with headphones. >> it's very powerful because frankly it's what we've been hearing from georgia voters. not all, but a lot of georgia voters have been saying the same thing throughout the campaign, like is this guy serious? why is he be isn't he being taken seriously? >> what's your reaction? >> i watched president obama having fun.

even to the extent he was out on the trail doing these things he wasn't able to play that attack dog role. he's having fun. he's i think this is a role biden would've played on his behalf and now the shoes on the other foot. >> we'll see if the voters agree with the role of it, but he might be a former president and having some fun. brad, you know who's not having fun tonight? i'm guessing another former president hoping to be president again. this was a very significant ruling by the elected 11th circuit to say, you know that special master who review these documents that you took from the white house to mar-a-lago and why they're still there? now. tell us why this is so significant. >> if you're in mar-a-lago hide

the ketchup bottles, things will start getting thrown. so at the 11th circuit did was, it shut down the entire special master probe and said the judge in florida who originally authorized the creation of this oversight, had exceeded authority, she never had jurisdiction to look into it in first place. when the 11th circuit outlines in this ruling is that the former president ever put forward any facts or sworn declarations, anything that would have backed up his claims that there was constitutional violations, that there was irreparable harm. this was a ruling basically saying, we don't know what you are thinking, judge cannon, but you got it wrong. this whole thing is being shut down. now >> it almost seemed like their argument wise, but i'm special, but i'm the former president, and you can do this to a former president. that was a talking point about

the audacity of executing a search warrant. i'll be at one that was validly issued but still the fact that it went to mar-a-lago. that did not fly for this court because they were thinking about precedent, which we know is kind of a taboo word, thinking about how it's overturned recently in washington d. c.. but, bradley idea of the precedent that said this was somehow so special that when doj wanted to have an investigation and have a search warrant, that just because you didn't want it to happen, you've got a pass. >> so basically when the circuit aligns it in the ruling it says there's normal case law, which we're going to abide by. is the second option which is, all criminal suspects whoever a subject of a search warrant can get this kind of process.

we don't think that's viable. and there's a third option. judge cannon option which is donald trump's orbit were over special and he deserves this because of the former president. it's not a route they went to. they start to where the law is right now. supreme court will have the ultimate say if they want to intervene. >> if they want to intervene. and of course, leon, when you think about it, you have not only the lawyers who are now in council thinking about these issues but you've got the lawyers that we all know, patrick philbin, pat cipollone. these are significant figures in the thought about white house counsel and discussing the presidency more broadly.

what do you make of the fact this is happening now, that they are saying that they have to testify in a criminal grand jury probe? that's significant politically, as well. >> this is a president who needs to be growing his -- he's coming off an election where your significant downward effect on what should have been a much better election for republicans. he needs to be growing his base of support the longer these are in the headlines the worse it is for him is a tendency to say nothing matters, these opinions are baked, but that might be true on the republican side at least on the 30 to 40 part percent part of the party that's rock hard for him. but the rest of the company country is for him >> it really

feels, in many respects, like you are bringing the baggage with you it's almost like you've got the issue of whether it's exhausting and whether this is enough to get voters to be motivated to keep coming at you. it's not an attractive candidate thinking of the baggage alone, but part of this baggage on capitol hill is about what we are waiting for we are waiting for this report from the january six committee that goes beyond what we've seen in testimony that's already been aired. we know, from congressman lofgren who is testifying today, the committee intends to release all the findings and to prevent the gop from having a talking point, which they have had for quite some time, about this being a political witch hunt, not a bipartisan endeavor. listen to what she had to say on her own airwaves. another is on the campaign trail tonight. >> i'm back. i am back. [applause] [ cellphone vibrates ] you'll get proactive alerts for market events before they happen...

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>> all right, we are now just five days before the pivotal georgia runoff the democrats are hoping will give them 51 votes in the senate. tonight former president or beinart bauman is campaigning with senator warnock and warning georgia voters not to get tired. >> and john lewis, even in his 70s wasn't tired. i got no excuses.

i can't be tired. i [applause] and if i'm not tired, you can't be tired. [applause] if the men and women who have endured the stink of discrimination, the smack of billy clubs, if the folks who had to fight those early fights, those were the tough fights for union rights and voting rights and gay rights and women's rights. [applause] if they didn't get tired, you can't be tired. >> cnn senior political analyst kirsten powers is here, and liam dawnhaven and tia mitchell are back. and kirsten, this was a bit of a rift on that, the idea of not being tired. is it because many people it's not election day any longer. it's election season, and here we are at a point when at first it was thought georgia was going to be the decisive factor about who held the majority.

now that's not the case. it's about the one more. is that going to be a resounding message? >> it's a tough message to sell, trying to get people fired up about, but it's actually really important. as much as that can be conveyed to can voters, but voters often aren't following things that closely, because they have lives. they can't be following the ins and outs of washington, and as really portland because right now joe manchin basically runs the democratic party so one person actually can make a very big difference. so this is also, you don't have anybody bringing out the voters necessarily, like higher up on the ticket, and so you have to really get people riled up in

order to get them to turn out so that is why it is important to see president obama doing what he's doing. >> it's also true, although this would give an opportunity for vice president kamala harris to travel a little bit more, deciding the tie breaker, but in 2020 when there was a 50/50 senate, there was an agreement about how to staff the committees. you had the idea of the even divided republicans and democrats on these committees. if there are 51 democrats, there is no longer the requirement that has to happen between schumer and mcconnell to do that. that's a nuanced many voters are probably thinking, go out, because the committee assignments. but it's very important,

nonetheless. >> the stakes are very real. it's not just that. the amount of floor time there is expended on discharging things from those tied committees, all the other rules, i mean, this is a body that works on consent and consensus, and 50/50 gives the minority an inordinate amount of power in a chamber where they already have a significant amount of power. the risk is the anticlimax around the democrats who've already won the senate but, based on the numbers we've speaking, india can speak to this, they're blowing it out right now. we're not people have to feel about the good the numbers right now. they can't take their foot off the gas. that's why they bring up president obama. they need to keep this electorate as young as possible, as diverse as possible, and republicans are trying to target back, older and a little wider. >> and that, point tia mitchell, you did hear tonight president obama talking about specifically georgia women and the idea of who would fight and turnout. a reminder, it was thought to be rove ember at one point. listen to what he had to say. >> who's gonna fight for you? is it the party who's for the rich and big corporations? the party that wants to get social security and medicare?

we fill our streets with more guns? >> no. >> decide who you love, when you should start a family? >> now. >> or is it the party that wants to put people back to work at lower costs and make health care more affordable and save our credit and give every woman the ability to make her own decisions about her own body? [applause] that's the choice in this election. >> i mean, he knows which side the bread is buttered, and it's women's voters, right? >> he's preaching to the choir. you've got to be pretty fired up. warnock supporter to wait in the line and get in the big crowd to hear president obama speak, but it's all about energizing the base so that they can go home and encourage others to vote in what we know is that abortion was a motivating factor in the

midterm elections. it's one of the reasons the democrats were so successful. yes, those pocketbook issues, inflation, the economy, number one for voters on both sides of the aisle. but abortion was way up there and a lot of voters said it mattered when it came to which candidates they supported in the general election. and so now there's clear contrast between warnock and walker on the issue of abortion, in many of those culture war issues, and i think president obama was smart to highlight them again is a motivating factor going into the runoff. >> liam, in terms of the contrast, and kirsten, i'd like you to weigh in as well. is a contrast in terms of who is showing up to endorse and rev up the crowd. you've got the former president, barack obama, for senator warnock. lindsey graham is gonna be stumping for herschel walker. i think mike pompeo was supposed to attend in some way because but a family emergency and can no longer attend. i wonder what you make of senator lindsey graham there to do this.

>> i think you had a pretty big crowd of people throughout this election -- leader mcconnell was down there. so having lindsey graham come in, this strong trump allies, people that are trying to get out the base, people that can appeal to that element of the party. but i remember being down there for the 2008 runoff and it was sarah palin coming up to ramp up the crowd. this is something that you always try to do is pull out your best surrogates. that was the challenge of the democrat side. i think you had young jeezy and pei out there trying to get out the vote for the democrat. they're having president obama is a pretty big counterbalance and, republicans don't really have anybody to bring in when donald trump's on the sidelines. >> i know his playlist created included jeezy nti. this is a time when you've got a lot of money going into these races at, this late juncture of course and democrats outspending.

senator lindsey graham did with jaime harrison when he was outspent and begging people to can attribute. >> lindsey graham and barack obama are not on par with each other. but i think lindsey graham has been one of his most unspoken supporters. i personally don't think lindsey graham is going to inspire that many people turn out to vote, but it can't hurt him i guess and it has been lindsey graham and ted cruz really trying to send a message we have seen them escorting him on his interviews basically trying to send a message that he's going to do what we tell him to do. he's going to vote the way we tell him to vote, and that's what the message to try to get to the people who are maybe feeling a little squeamish about some of the stories that have come out about herschel walker. and they're just saying, ignore those stories, this is a transaction, basically, kind of like it was with donald trump.

and he may have possibly paid for an abortion, but he's going to vote against abortion rights. >> the idea of that manchurian candidate used against him and how this will play for democrats, but finally in the time we have left, téa, i am curious about president biden's proposal of changing the order in which primaries are conducted, to having south carolina go first. this general week of course, congressman jim clyburn spoke about representation of the south in leadership. what do you make of the prospect of this being a successful proposal? >> you, now it's really interesting, because all the states are clamoring. you've got michigan in the mix. you've got georgia in the mix. you've got nevada in the mix. and so i think this is the

start of a conversation. it does not look like something that is going to be easily settled because no matter what there are going to be states that are making the case. i think there's a strong case, though, for south carolina, for a state from the south, where there is a big population center that's not currently represented in the early states. there are much more diverse states than what we currently have as our first states, that are more representative of the demographics of america now. so it's clear that there will be a shift, but i don't know if biden's proposal is just going to be accepted easily. there may be a bit of a fight, first. >> the point to have black voters who assuming have their way in earlier, that's the point. >> yeah, well, to have the early states be states that look more like america and aren't so -- iowa not only is it the most diverse state but the way it conducts primaries are kind of out of step with the vast majority of u.s. states.

so it's things like the time a relic of the time doesn't reflect american politics now, especially on the democratic side. >> what's interesting about it is, if this had been the way it was set up and barack obama and hillary clinton were running, we might not have had a barack obama. because iowa is what launched barack obama, this white state. and a time when black voters were really aligned with hillary clinton and were very skeptical, not because they didn't support barack obama because they thought white people would vote for about barack obama. iowans voted for him and then he was on his way, and so i do think it's important to have a more diverse representation in the first votes. but it is kind of interesting how it has worked out. of course south carolina is also, joe biden, where would his candidacy be? it's like, it's interesting. it didn't help kamala harris. it didn't help cory booker. it's an interesting kind of

conundrum. >> i tell, you this gonna be a lot of proposed candidates that are just learning the south carolina state fair ahead of iowa, if that's the case. look, everyone, it's a final election night of a surprising mid term season. so join cnn for the georgia runoff between senator raphael warnock and herschel walker. coverage starts tuesday at 4 pm eastern. joe biden is also holding his four state dinner as president, hosting french president emmanuel macron, and they are bilateral discussions for nearly three hours. the big topics on their agenda, next.

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holding a state dinner for emmanuel macron, the first instance he moved into the west wing. check out part of his toast. >> knowing that we can always always count on one another as allies and friends, ladies and gentlemen, [applause] please join me, please join me in raising our glasses, which every one of us have, there you go,. raising our glasses to president macron and his wife brigitte, to france, france, the values that still unitas, into the future we're gonna forge together. vallow france, and god bless america. >> kirsten powers, liam donovan and tia mitchell, all back with us. this is the first state dinner since 2019. it's also, of course, he is in his for his presidency. i wonder, with an event like this, during the pandemic, a lot of the pomp and

circumstance was really stripped away. remember different award ceremonies, people are questioning, and we really need things like this. this is a time when diplomacy is being questioned in terms of its effectiveness. what do you make of the need to still have things like this? >> i think it's an important signal that we are back, we are back in business. it's a sign of normalcy. normal things like bilateral diplomacy on our soil with key allies, allies that made when antagonized by the previous presidency. allies who had bumpy early stages of the biden presidency. this is an important ritual. it's something that we haven't seen, as you said, in years. i think it's a sign we are back to normal, both as an administration, and as a country. there >> was a moment that was not normal today in terms of

reaction. although maybe some people think it is, in terms of the ability to criticize the administration over the things. they are serving certain foods today. kristen, your smiling, because we talked about this. butter poached lobster, which makes my mouth water, and i will admit that to you. but i also had spaghetti owes for dinner. that's probably why. i have two kids. but the glamorous life of it, are they had hot dogs and there, so it was wonderful. but kirsten, when you think about it, the reason they were questioning it is because they were questioning, it was a tweet from representative jarrett golden out of maine, where we think of lobsters, of course, if the biden white house can prioritize purchasing 200 mainlanders for a fancy dinner, they should take time to meet with the main lobster man. his administration is currently regulating out of business. and was an opportunity to point out hypocrisy that not many many have focused on. >> i think it's a fair point, honestly. i think they feel main lives to people, the people feel there's an existential threat to their business because of regulations

that they want the president to deal with. and it's a good opportunity, i think, if you are communications director, that's a great way to get attention. it's totally fair. it's not owed abounds. >> when you look at it, two year, and think the discussions, obviously, it's in a way maybe rich nation problem to talk about the poached lobster dinner knowing that three hours worth they had a sit-down conversation, the french president with president biden the focus was on ukraine. we know, known as the bread basket of europe, the impact of the invasion to ukraine, having extraordinary implications on for food sourcing across the globe, particularly in areas of africa. when you think about what happened behind those closed doors, what do you think transpired to move in that direction? >> i think it's always good when leaders of these nations can meet face to face, because they don't get to get together very often, they don't get to do one-on-one very often. president macron bought all his top aides, he can be dark with all these american folks, members of congress. and so it wasn't just a dinner. and so i think it is important because ukraine is not the only thing they had to talk about it was an important thing, but they needed to talk about china. they probably need to talk

about climate change. the issues are analysts. however much time they were able to spend, and president macron has been everywhere. he went to nasa. he went to meet with congress. so again it was a lot of face time because the leaders know that their issue list is long. >> the facetime do include, the, right out about the inflation reduction act, the ideas of climate change. this relationship to france in the u.s., so strategically advantaged, advantageous at a time like this. >> it is. and this is the original ally of united states. this is somebody who was at the core, right in the middle of everything from ukraine diplomacy with russia, with china, with iran.

so there is so much that macron is in the middle of and having that relationship be a strong as possible and demonstrating to the world as strong as possible is really important right. now >> demonstrations of diplomacy, i think, is the uniting factor here, what this looks like for other nations to know who you can mess with and who you cannot, and essentially to answer the question, you and what, army right? coming up next we're gonna talk about lebron james, because he is speaking out, not about lobster, but about not being asked by reporters about a 1957 photo and dallas cowboys owner jerry jones, who was at a racial desegregation protest. lebron says there is a double standard at play here going on. restless nights fogging up your day? tonight, try new zzzquil pure zzzs sleep plus next day energy with melatonin to help you fall asleep naturally... plus extended-release b-vitamins. wake up feeling refreshed. pure zzzs.

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>> lebron james calling out

reporters at a press conference this week. the nba star asking reporters why they were quick to question him about kyrie irving but not about dallas cowboys owner jerry jones and i recently emerged photo from any 57. the picture appears to show a then 14-year-old jones at an anti desegregation protest outside north little rock high school in arkansas. i need to be clear, it was a protest about trying to maintain segregation, and this is the problem here. this is what james had to say about the coverage. >> it's a black mat lean, as a black athlete, as one with power in a platform, when we do something wrong, or people something people don't agree with, every single tabloid, every single news coverage, is on the bottom ticker. it's asked about every single day. but it seems to me that the whole jerry jones situation photo, and i know it was years and years ago and we all make mistakes, i get it.

but it seems like it's been buried under oh, it happened, okay, we just move on. >> joining me now, cnn sports analyst christine brennan and former nfl player from salaam. and good to have you both here. let me start with you, ephraim. do you think lowball lebron is a point? and i have to tell, you the coverage about kyrie irving, compared to what's happening with jerry jones, very different. here's what jerry jones have to say about that picture. here he is >> that was gosh 65 years ago. a curious kid. i didn't know at the time the monumental event, really, that was going on. and i'm sure glad that we're a long way from that. >> he from, what do you make about the standard that lebron is referring, to a double

standard that coverage but also the way in which black athletes have to atone. what do you think? >> i get exactly what lebron james is saying. and as a former professional athlete myself, i have been asked a myriad of questions about non-sports related things, non-football related things. social justice things and so on and so forth. this wasn't even about the photo of jerry jones. he wasn't even talking about the actual photo and what he thought about jerry jones. what he was talking about was, where is the media coverage? where is the fire storm? where is all of the questions, and some of the comments? why would they ask you about jerry jones, lebron? that's football. that's not basketball. i would probably say lebron james is probably the athlete that has been asked more questions about non-basketball related things, more so than any other professional athlete, and so to say, what do you care? he was expecting the question, and it's a shame that the media coverage for jerry jones and

that photo wasn't the same, and it wasn't as aggressive as for kyrie irving. kyrie irving is still going through backlash. they've suspended him. he lost money. all of these things, and all he did was tweet something. and i get it, was it right or wrong? that's for you to determine, and that's for you to decide, but as people in the media, we should have a standard and hold everyone accountable. that's just not happening. >> christine, i want to bring you into the conversation because the statement all he did was tweet, it wasn't as if he tweeted lol or an emoticon in some way, an emoji. the concern was about the substance the matter in nature of the documentary dealing with antisemitism. so with the larger point here, it is a bit of a cop out to suggest oh, lebron, we only want to ask you about basketball. this is a person infamously who was told to stay in his lane

because he had the nerve to venture outside of athletics and talk about social issues. so that's a cop out. >> yes. as a journalist, i would promise you, laura, and ephraim, i would ask those questions and would've tried as them as quickly as possible after the washington post story. it's absolutely is an issue. it is deserving of our attention. racism at anytime, 65 years ago or today, matters, and especially because jerry jones, the owner of the dallas cowboys, the most lucrative team in american sports, any lead, any sport, in addition to being the owner of the dallas cowboys he's basically the second most powerful perfection in the nfl, to roger goodale, the commissioner. he's never, as the owner of the dallas cowboys had a black head coach. so it matters. it's a big issue. 60 to 70% of nfl players are african american, and the

dallas cowboys, the marquee team in the nfl, never a black coach. under jerry jones. so that is a big issue and, it relates to now, and i think we can all agree. antisemitism is terrible. it's wrong, and we should always ask questions and root it out and discuss it as much as possible. racism at any point, terrible, we should discuss it, and i agree completely that these issues both deserve attention. >> ephraim, what's your reaction? i know lebron james is a lifelong avid dallas cowboys fan. he recently came out talked about how he switches a allegiance to the cleveland browns because dallas cowboys position a policy of having to stand for only one specific way honor the national anthem. what's your reaction? >> my reaction is, you can't just dismiss the past. you can't say and laugh of all that was so long ago. wow, they dug that out, that was so long ago. because we're still dealing with those same type of issues now, currently. when you talk about the disparity between coaches and people of power in nfl organizations and owners compared to the players who make up between 75 and 80% of nfl teams, and there's no black

head coaches, very few black head coaches, no african american owners, then yes, that something you can't laugh off. we are seeing it play out in realtime. you want to talk about desegregation segregation and all of that, we are seeing the top of the food chain in the nfl is pretty segregated. so if we really want to get into the issue, we can talk about that, and then that will fall on jerry jones. okay, what have you done is one of the most prominent owners to desegregate the ownership group and the head coaches and things like that. so it's very important. it's not something you just laugh off. and us as media we have to hold people accountable. we really do have to hold people accountable, just not the athletes and not just african americans there's a double standard here. at some point it has to stop. >> i agree. everyone's feet should be held to the fire. for the issues that matter

most. it is a more than fair question if you are in an ownership position. and of course i know that the use of the term. if there are photos like this, did it influence, does it influence your decision making process about aspects right now in the year 2022, where everything since that photo to now, a fair question, and i encourage people to continue to ask. that's the business. wherein thank you both. >> thank you. >> well, the u.s. is gearing up

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>> we're now two days away from united states's next big world cup game against the netherlands, and they play saturday morning at ten eastern, so set your clocks. but all eyes are on christian pulisic, a star on the u.s. men's national team, which you know is injured in scoring that game-winning goal against iran. today he spoke with the press. listen. >> like i said before, i'm taking a day by day right now.

i will do everything in my power to work with this medical team and make sure that i can play. >> back with me now, christine brennan, and joining us, wall street general sports reporter joshua robinson. you're out there in qatar, i'm so glad you're here helping us to understand as well. let me start with you. i want to know what you are into painting most on saturday. the netherlands, not a team to sneeze at, a very significant and very strong team, but look, over here, we're rooting for the usa. >> well, the bad news is of the netherlands is probably the best team never to win the world cup. but good news is that this is maybe a slightly diminished version of the netherlands, one that doesn't play its traditional style and that for the first time maybe for u.s. and the world cup feels pretty beatable. >> that's really good. i'm thinking about it, christine, i'm paraphrasing a bit, as susan luci, it's still the idea, we knew about the discussions with iran and the political overshadowing aspect of things, but this team has people having a bit of a spring

in their step, the coverage of it. this team, in and of itself, a draw. >> absolutely. josh was doing such a great job covering, and back over here on this side of the pond, joshua, people are really into this. i think that we all knew what was going to happen. this is november december, it's not in the summer's usually is. it's going right up against college football. michigan, ohio state, big nfl games. and it's more than holding its own tv ratings wise. >> and by the way, history is being made. two women, all women wraps in a match, as well. >> absolutely. so for the first time ever the head referee and the other to referees, all three were women in the germany costa rica match.

and of course they did a great job, and credit to fifa for doing that, and another example of how the game is reaching out and certainly trying to give more opportunities to women, which is wonderful to see. >> joshua, there has been disappointment in sharks as well and you're out there, it was the idea of counting out. both germany and belgium today have been knocked off the world cup in the next round. what happened? >> well, belgium, which was a team that was countered for so long for having this unique generation of talent, it turns out got old. it's what happens to all of us. and so they got to a point where their golden generation just aged out a little bit, got a little bit stale, and was not out in the group stage and a

really shocking way. even crazier was what happened in the group involving spain in germany. turns out japan won the group after beating both spain and germany. so what happened today is that in beating spain to one, a result no one expected, japan also eliminated germany despite germany's win against costa rica. so that was one of the upsets on the term so far. >> right now, it's anyone's match to win, so everyone's leaning into see what happens next. so great to hear from both of. you thank you so much. >> thank you. >> well, speaking of, well, maybe a legal matchup, some big legal setbacks for former president trump, with an appeals court in the mar-a-lago case essentially telling him you don't get special treatment because you were the president. so the question is, where does the investigation go next?

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