of nbc news thank you for staying up late. i will see you at the end of tomorrow. tomorrow >> happy to have you here. through a nod series of events surrounding the profoundly profoundly criminal presidency of richard nixon, and the really, really, really criminal vice presidency of nixon's vice president spiro ag new through an odd confluence of events surrounding those, two national leaders, in the early 1970s the u.s. justice department bumbled its way into stating for itself, putting into writing, a new rule. this is a rule that wasn't in the constitution, in any way.

it's an issue that had never really been seriously considered and decided one way or the other. before the justice department was confronted with it urgently during the nixon administration. thanks to this sort of odd a series of things happening all at once in the early 70s, the vice president spiro ag new going to prison, the president, richard nixon, being removed by office against his will by impeachment. thanks to those things coming together all at once in a big felonious mess because the american people in our infinite wisdom that it be a good idea to elect guys that cry me to the white house twice, thanks to that mess around nixon and add new the justice department in the early 70s bumbled our way into putting down, on paper, that it was policy of the justice department to not ever bring criminal charges against a sitting president of the united states. and that's an important sort of, a landmark moment for the nixon

years right? it's never a good sign when your presidency is so crime-y, it forces everyone to slow down and clarify the rules on whether or not you could still be president from inside a prison cell. even though that landmark was reached during the nixon years, even though they clarified that rule on paper because of the mess around nixon and agnew, that rule, the sort of nuts and bolts of it never really got tested at that time never really got tested by the events that surrounded the eventual downfall of nixon and agnew. nixon himself resigned as president before he was forced out not only was nixon never criminally charged when he was president he then got a pardon as soon as he resigned. he was never criminally charged as an ex president either. nixon avoided testing that principle. same thing with agnew. they took great pains to not

test it with nixon's criminal vice president spiro agnew who was running an extortion and bribery ring out of his office in the white house and got caught by federal prosecutors for doing so. with spiro agnew, federal prosecutors actually did bring federal charges against him, but they negotiated this very sensitive deal whereby agnew resigned the vice presidency immediately i mean right before seconds before he walked into the courtroom to formally face those federal charges. the importance of that is that it means, technically, they never tried to charge nixon as a sitting president nor did they ever try to charge agnew as a sitting vice president. they avoided testing that prospect with both nixon and agnew, each of them by the skin of their teeth. the rules about not charging a sitting president those rules were creative. they took shape, they were formalized and put down in print during that crisis of criminality in the white house

in the early 70s. that rule wasn't really tested at that time. that rule wasn't really tested until almost 50 years down the road, until our time in the history books. hurray for us. it was three years ago, 2019 when special counsel robert mueller completed the report of his investigation into russia interfering in our presidential election in 2016 to help the trump campaign. that's what's volume one of mueller's report was about. volume two of mueller's report was about obstruction of that investigation. it laid out in detail steps that trump took as president to try to block that lawful investigation into what russia did in 2016, and how they did it. when mueller turned in that two volume report to the justice department in 2019, he said, basically, you know, there is this long-standing written justice department policy that says we are not supposed to bring charges against a sitting

president so we aren't going to bring charges against a sitting president, but we have, nevertheless, done this investigation. we've collected all the facts we've preserved the evidentiary record. if charges are warranted here because of trump's behavior, those criminal charges can be brought against him once he is no longer president, once he is no longer protected by the justice department rule that says you can't be criminally charged while serving as president of the united states. that's what mueller said when he turned in his report. that's what mueller's report said. mueller turned his report into this guy, to trump attorney general william barr, who received the report from mueller. right after he got the report, you might remember, william barr released a statement about it. in that statement, he said, i've reviewed this report from robert mueller, and i as attorney general, have carefully reviewed all the evidence mueller and his team presented here, all the evidence they've presented as

to whether or not trump committed crimes. barr said, specifically, that he was disregarding the justice department policy that said a sitting president can't be charged with crimes. he said, i'm not paying attention to that. he said, regardless of that policy, ignore the policy. regardless of that rule, i, william barr, have reviewed all the evidence, and i have determined that no way should trump face any charges, not just because he is president, not because of this rule that says no charges can be brought against the president. regardless of that, trump shouldn't face any charges because my, william barr, review of the evidence in this report indicates that trump committed no crimes. barr tells the congress tells the public, i can tell, i checked it out, i look at all the evidence i say as attorney general, the justice department backs me up on this, this is the professional view of the u.s. justice department, trump did no crimes. that's how the whole mueller report thing ended, right?

it's over. the justice department look at all the evidence mueller turned up, and the justice department says, in its professional estimation trump should not be charged. barr made explicit even if there wasn't this rollout as you can't charge the sitting president, regardless of that just based on the evidence, trump still wouldn't face charges for anything here. that's how bill barr broke the neck of the mueller investigation in 2019. that's why even after trump left office, and he was just an ex president, and therefore no longer protected by the justice department policy that says you can't charge a sitting president, that's why there was no clamor to charge him then with any of the gasoline and stances of alleged obstruction of justice that were described in great detail in mueller's report. it's because barr said, he signed his name to it, he said we looked at everything here, regardless of that rule less as you can't charge him, trump, definitely, committed no crimes. he should not be charged. barr's letter said, quote, the

evidence developed during the special counsel's investigation is not sufficient to establish that the president committed an obstruction of justice offense. our determination was made without regard to and is not based on the constitutional considerations that surround the indictment and criminal prosecution of a sitting president. that's what barr did, that's what barr said. it turns out that was a lie. at least a federal appeals court in washington has just ruled that that was a lie. according to a unanimous ruling from the d.c. circuit court of appeals, a three judge panel, when robert mueller turned in his report to the justice department, attorney general bill barr and the justice department never actually considered, at all, whether or not trump committed crimes, or whether trump should be charged. they literally never even looked at that possibility, despite what they said they were doing publicly. barr lied, according to the appeals court, and told congress and the public the justice department did consider

that, and after that careful consideration, they definitely concluded trump committed no crimes and shouldn't be charged. the appeals court says, that barr lied about it. this is from a, again, unanimous three judge ruling from the federal appeals court in washington, d.c.. quote, the departments submissions indicated that the memorandum conveyed advice about whether to charge president trump with a crime. the courts in-camera review of that memorandum revealed the department, in fact, never considered bringing a charge. doj never, in fact, considered bringing any charges against trump. they never even looked at it. we find that out now. three years after the mueller report came out five years after most of the potentially criminal activity described in exquisite detail in that report, they said, at the time to consider charges against him, no charges were warranted, they never actually considered

charges against him at all. they never once looked at it. so, you know, that happened, okay, apparently we just move on. apparently we just move on because, you know, crimes and high places don't matter much, right? you know, if you are fully cognizant of the fact you've gotten away with a bunch of crimes, without facing any charges or any consequences for those crimes, probably that has a really cautionary effect on you so you never really try any other potential crimes again, right? i'm sure that's how that works. you think, close call, i better shape up. [laughs] i'm sure that's how that works. it's a lot of news tonight. i keep waiting for the lazy hazy summer to roll around where the news gets slow. that's not what's going on right now. that federal appeals court ruling that federal prosecutors actually never looked at a potential charges against trump,

that was a little speed bump in the news, a little rattle when we rolled over that. hey, what was that? tonight, we've got a new filing from that same former president, filed a federal court in florida, former president is asking for a special master to be appointed by the court to review the materials the fbi recently seized from president trump's home in florida. trump is also demanding the fbi get back to him the materials they seized from his home. it's really something. i mean, you will recall, among the statutes under which the former president is now being investigated, are portions of the espionage act dealing with unauthorized retention of national security information that could harm the united states, or help a foreign adversary. that means, you know, dude, whatever happens you're probably not even going to get this stuff back, not one that is what you are being investigated for. the chairman of the house intelligence committee is going

to be our guest tonight in just a few minutes. there's been new reporting today that he and other very senior members of congress have asked to see the materials, including the classified materials that trump had taken and was hiding in his home before the fbi had to go in and take them back. we're going to ask him about that. we're going to ask him about this brand new reporting that has just dropped from the new york times. the headline, trump had more than 300 classified documents at mar-a-lago. this is the times, for the first time, quantifying the amount of, reportedly, classified material that trump has apparently been keeping in his home in an unauthorized way. here is the lead, quote, the initial batch of documents retrieved by the national archives from former president trump in january included more than 150 marked documents as classified, a number that ignited intense concern at the justice department and helped trigger the criminal investigation that led fbi agents to scoop into mar-a-lago this month, seeking to recover

more. in total, the government has recovered more than 300 documents with classified markings on them. from mr. trump. since he left office. that first batch of documents returned in january, again, more than 150 documents marked as classified, then another set of documents provided by trump's aides in june. and then, also, materials seized by the fbi in the search this month. the times also reports that, following the search of mar-a-lago on august 8th, investigators have since, quote, sought additional surveillance footage from the club. we knew investigators had asked for surveillance tape before the search warrant was executed at mar-a-lago. we now know, according to the times reporting, at least, investigators have since sought additional surveillance tape of the time leading up to that august 8th search warrant execution. quote, the tape revealed people moving boxes in and out, and in some cases, appearing to change

the containers, some documents were held in. the footage also showed other parts of the property seeking a second round of security footage, the justice department wants to review tapes for the weeks leading up to the august 8th search. again, that is the times reporting, just within the past few minutes. for the first time quantifying, at least, according to the times is reporting, the number of classified documents we are talking about here, more than 300 documents being held by the former president at mar-a-lago, despite the fact they were marked as classified. more than 150 of those documents, classified mark documents, being taken from mr. trump in january, more provided in june, and yet more seized by the fbi in their search a couple of weeks ago. we will ask the house indulgence committee chairman about all of that. we will try to get his take on these bizarre and murky claims out of moscow about a car bombing. a far right, and no better word for him, a far-right fascist philosopher, this man,

alexander duggan, who has been a major influence on vladimir putin, one of russia's top intellectual cheerleaders for russia starting its recent wars in ukraine, and in georgia, cheerleader for russia seizing territory from other countries. this man is credited with giving putin his arguments and his pseudo intellectual justification for invading neighboring countries and trying to reconstitute some kind of transnational russian empire. alexander duggan, his daughter was reportedly murdered in a car bomb assassination in a rich neighborhood outside moscow this weekend. now, nobody quite knows what to believe about these reports other than the fact that, just like clockwork, as you'd expect, russia blamed ukraine for her death and is citing that killing as all the justification they need for some kind of new escalation, some new ruthlessness they're going to bring to bear on their were and ukraine. again, caution is the word here. it's not at all clear what's

happened. there is no reason to trust the russian government on this more than you would trust them on anything else. as putin's war in ukraine turned six months old this week, it does seem this dark, murky, weird incident, it's reported assassination, might be priming us for some worrying behavior from putin and russian forces in the days ahead, potentially in ukraine, potentially elsewhere on russia's borders. we will talk with the intelligence committee chairman about that strange news as well in a few minutes. our first guest tonight, i'm very pleased to say, somebody who has no parallel at all, a singular figure in american public service, in a good way. somebody who spent 38 years in one of the most important and most difficult jobs in american public life, somebody who has board criticism, a lot of it, his field, his work, is high stakes, it's often controversial, challenging, personal. for all he's been through in

his decades in public life, he's never before now head to have a security deal protective all-time because of the death threats he gets from those on the unhinged side of the screen door on the american far-right. so, remarkable turn of events over his long career. it's not as though he doesn't know how to deal with criticism. doctor anthony fauci was first appointed to lead the national institute of allergy and infectious diseases in 1984 which is just as the aids crisis was taking hold. this was a fatal disease at the time, and imperturbably, next ripley always fatal disease. no effective known treatments, but there were lots of potential treatments and development being studied. and a drug development process that took forever, while people kept dying by the dozens and by the hundreds and by the thousands and by the tens of thousands, that confluence of things in the 80s and into the 90s, no good treatments, drugs

being studied, slowly, everybody dying in the meantime while the drugs were studied, that confluence of things was absolutely intolerable for hiv positive people and where the communities that were being treated by that virus, right? i mean, you just put yourself in their shoes. it was a life or death moral calamity. to know that he would definitely die while, maybe the drug that might keep you alive was being tested on other people in a study that wouldn't wrap up and produce its findings for years by which point you would be long dead. it was an intolerable impossible thing. it led to relentless criticism of dr. fauci who was the head of the part of the u.s. government responsible for fighting infectious diseases. dr. fauci was all but burned in effigy. he was the target of big, urgent spectacular protests, and while he was being targeted with that criticism, he had the presence of mind and the

strength of character to listen, and realize his critics were actually right, that not only did clinical trials and drug approved roll aid to be spent up, the people whose lives were at stake needed to be able to get access to drugs that were still being studied by all the studies were still going on. they did not have time to wait, and they should not be forced to wait. it was very, very fierce criticism of dr. fauci, which he heard, he understood, and he ultimately accepted. that, ultimately, made him change the way the u.s. government worked in the mid jog development worked, and that forcibly you turn to the future of the aids epidemic in this country. how many other people could do that? dr. fauci has now spent 38 years as the head of night, visible and active leader of the nation's response to infectious diseases of all kinds of hiv and a.i.d.s., to the ones we don't necessarily

remember off the top of our heads, right? ebola, zika, sars, mers, bird flu, now monkeypox, even polio, and of course, covid, these past two and a half years. today, dr. fauci announced he is retiring at the end of this year. he will turn 82 before he goes in december. doctor fauci first joined the nih in 1968 when he was 27 years old, and lbj was president. it was ronald reagan who put him in charge of running infectious disease response for the government in 1984, he has held that position never sense. advising seven presidents, being praised publicly as a hero by the first president bush, being given the presidential medal of freedom by the second president bush, with whom doctor fauci works to create the pep fire program, usually successful u.s. government program to make expensive aids drugs available in countries that can't afford them, the pep far program alone is credited with saving the lives of more than 20 million people who would have otherwise died.

that nonpartisan record those bipartisan bona fides, of course, don't mean much on the, right republicans running for office today say they want to lock up dr. fauci or prosecute him, or something. he says that is not why he is now stepping down, but honestly, when your 81 years old, and you're still at your job, anybody who gets all wound up trying to define why on earth you might be leaving your job now probably isn't paying very close attention. it is worth appreciating, as he announces he is finally stepping down, doctor anthony fauci is a singular figure in american history and in american public service. there has never been anyone else like him, and there never will be, again. he joins us for an exclusive live interview here, next.

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accomplished researcher who has helped lead our country through public health crises of all stripes, including the coronavirus pandemic, today, he announced his retirement after 38 years as the nation's top infectious diseases doctor. doctor anthony fauci said he's stepping down by the end of this, year and it is decades long career in public life. he says he's looking forward to his next chapter this coming december. we don't yet know that will be. joining us now for the interview is dr. anthony fauci, director of the national institute of allergy and infectious diseases. he is chief medical adviser to

president biden, which is a job created for him at the outset of this presidency. dr. fauci, it's an honor to have you here tonight, thank you. >> thank you for having me, rachel, good to be with you. >> why now? why, after all of these years, all of these presidents, all of these epidemics you have served through, why is now the time to go? >> well, you know, rachel it's never really a good time to leave, but you have to leave some time. i have been wanting to pursue another chapter of my career, as you mentioned, a bit ago because i've been wanting to do things outside of the government, particularly to do things, we they lecture or right, or get involved in situations where i can serve as hope and inspiration to encourage young people to go into public service, particularly in the arena of science, medicine, and public health. i was thinking about doing that after the trump administration

ended. when president biden was elected he, very quickly, asked me. i accepted with a great deal of honor to do that, to be his chief medical adviser. i thought that was going to last one year because, like so many people, i thought the covid outbreak would be over at the end of the first year of the biden administration, but obviously it's not. having said that, since things look like they're starting to stabilize a bit, and i believe in the next few months, we will do better than we're doing now i felt, again, i might as well do it now. i want to make sure that, when i do believe, i still have the energy, and the passion, and the health to do the kind of things i want to do. all things considered, rachel, i thought it was the right time. >> there are very few people who serve in government who, when you hear they're going to write a, book you think, oh, good, all learn something from that, no offense to all the

public officials who have had to talk about their books over the years. i feel like you are an exception to my cynicism on that, in part because it's rare for one person to head up an important part of the government's capabilities over such a long period of time, over so many challenges, through so many different presidencies. so, i want to read whatever you have to write, whatever you have to say about that, but i'm wondering if you could tell us in broad strokes, if you feel like, in your part of the government, in public health, dealing with infectious diseases, we've gotten better over time, we've been learning lessons learned, evolving, getting better at this, or is this one of the situations in which our capacity has actually been eroded, and in some ways, we used to better resource these fights? we used to be better at handling the basics on how to deal with these challenges? the basics on how t deal with these challenges >> i think it is a mixed bag, rachel. i think, in some respects, we

have learned lessons from outbreaks in the past like hiv, and ebola and zika and pandemic influenza, and challenges of the possibility of bird flu turning into a pandemic. in some respects, the situation has a rooted. i think it has in the sense of neglecting of the capabilities of the local public health officials because, if you want to respond to an emerging infection, you do need leadership from above. you need central support from the government, at the local level. you also have to have the kind of resources that will allow you to respond. you know, we learned, and i hope we are still learning a very important lesson from covid that you never, ever underestimate an emerging infection in which you don't know where it's going because we've been fooled before. we didn't fully appreciate the

magnitude of hiv back in the early 80s when i first got involved, on the first cases were recognized. there were so many things we learned on the run with covid. i mean, the things we thought we knew in the beginning turned out, as the months went by, to not be the case, which, really, forced us to adapt and change some of our policies and recommendations. that was interpreted by many as flip-flopping, or not knowing what's going on when it really was the evolution of the science. one of the lessons i hope we learned is that we've got to be prepared, we've got to be able to respond, but we've also got to be flexible. some of our military colleagues have told us is kind of like, when you're at a war, you can plan what you're going to do, but when the bullets go off, and the candidates start firing, then it becomes the fog of war. you've got to be flexible

enough to respond. i hope that lesson has been learned. as we look forward to the inevitability, of future outbreaks, we will not forget that lesson. >> are we facing an increased pace of threat from emerging infectious diseases? i mean, obviously, the world the changing nature of the covid pandemic is enough on its own. you know, now, monkeypox, and the reemergence of polio, and, you know, in recent years, the bullet, sars, zika, all these others, it is there an increased pace of threat from new and resurgent viruses, or are we just, sort of, more aware of it with these recent ones? >> no, it is not more aware of it, rachel. it is, and there are probably a number of conflicts, reasons why that is the case. if you look at the outbreaks you just enumerated a moment

ago, it follows a pattern we have known for sometime that, about somebody to 75% of all the new emerging infectious diseases, are zoonotic. mainly, they jumped from an animal species to a human. we saw that with hiv, we saw that with ebola, we saw that with monkeypox and we are seeing what this historic pandemic of covid-19, which almost certainly evolved away sars-cov-1 did from an animal reservoir such as a bat in the environment that jumped species. if we really want to pay attention to how we could mitigate this, we have to pay much more attention to the animal human interface, and to what we are doing intentionally or inadvertently of perturbing that animal human interface, if you encroach upon reinforce, by getting involved in interfacing

with animals, such as in the wet markets which occur in china when you bring in animals where you don't have any idea what disease they are harboring, and you put them in the close touch with humans. i think it's one of the things we really better pay more attention to moving forward, attention to that animal human interface. >> there have been a lot of theories and conspiracy theories, and accusations, and more or less wild claims about the origins of covid in particular. it seems that's when people on the political right really started getting their claws into you, and targeting you, personally, during this pandemic. i mean, as i said, a visible and singular leader on infectious disease issues over these years, you've faced criticism sharp criticism before. it does feel different. there is a weird, obsessive,

violent, ongoing demonization of you by the right that is hinged on covid. i have to ask, from their perspective, that kind of attention, that criticism, does it feel different to you than previous criticism, if it is coming from a different place if it is, indeed, more dangerous than the kind of criticism you've had in the past? >> rachel it's phenomenally one hunted percent different. it's apples and elephants different. it really, really is. back in the day of hiv, and you showed some of those clips which were quite accurate, what we were doing in the federal government being too rigid and restrictive in a disease that needed a great deal of flexibility, and input from the community, the aids activists you saw on the clips you showed, when you examined what they were saying, and what they were asking for, they were entirely

correct, so they opened our eyes, my eyes particularly, which made me, actually, turn into one of them, and an aids activist. we learned from them, we learned we were being too rigid from a clinical trial standpoint, and from a regulatory standpoint. the fda modernized their approach based on that as well. what we are dealing with now is just a distortion of reality, rachel, conspiracy theories, which don't make any sense at all, pushing back on sound, public health measures. you know, making it look like trying to save lives is encroaching on peoples freedom. that is a big difference from the aids activists who really had a good foundation for their objections. >> do you have any insight on what we ought to do as a country to deal with that?

i feel like it's part of what's going on in the right where, you know, you want to sort of separate the politics from reality, that you want to the measure of truth to be what the ruler says it's true, so anybody citing science or facts or reality, or nuances by definition, the enemy. i feel like it is tied to politics in some ways. you know, even making observations like that doesn't necessarily give you a way to fix it it doesn't give you a way to fight it. having been the target of this kind of really specific, different attack. do you have insight into what we ought to do to protect public officials like yourself, and to try to be more rational about this stuff as a country? >> you know, rachel, i wish i did have a positive, constructive answer for you. i don't. i thank you and i are talking about public health issues right now. what's test spilled over and really, in many respects, impeded a proper response to a

public health challenge, it's something we see that goes well beyond public health. but it's a complete distortion of reality. i mean, a world of where untruths have almost become normalized, how we could see something in front of our very eyes and deny it is happening. that is the environment we are living in. you could look at january 6th on tv, and you have some people who actually don't believe it happened. how could that possibly be? it's now spilling over in denial about public health principles. i wish i had an answer, but i don't. i mean, i do have, as i've always been, someone who is cautiously optimistic, and always feeling that we will be able to extract the good out of people, and there are the possibility that we will see, as i say, the better angels in our society prevail, but what is going on out there now with

the distortion of reality, is very troublesome. i don't have an answer for it right now. it certainly is interfering with the proper approach to a public health challenge. >> dr. anthony fauci, the director of the national institute of allergy and infectious diseases, for the past 38 years, currently now the chief medical adviser to president biden for a few more months. sir, thank you for a lifetime, so far, of service. i can't wait to see what you do next, and thank you for being here to talk with us about it tonight. thank you. >> thank you for having me, i appreciate it. >> all right, much more ahead tonight. stay with us. stay with us osters keep your laundry smelling fresh waaaay longer than detergent alone. if you want laundry to smell fresh for weeks, make sure you have downy unstopables in-wash scent boosters.

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large out-of-state corporations have set their sights on california. they've written prop 27, to allow online sports betting. they tell us it will fund programs for the homeless. but read prop 27's fine print. 90% of profits go to out-of-state corporations, leaving almost nothing for the homeless. no real jobs are created here. but the promise between our state and our sovereign tribes would be broken forever. these out-of-state corporations don't care about california. but we do. >> today marks two weeks since stand with us.

the fbi executed a search warrant on former president trump's a state in florida. as i mentioned at the top of the show, the new york times is out this hour with striking new reporting. the times is reporting former president trump had more than 300 classified documents at his palm beach home. that's over 300 documents marked as some level of classified, retrieved by the government, starting with the initial batch of more than 150 classified documents they got back from him in january. ultimately, totaling up to more than 300 total classified documents including those taken in the fbi search two weeks ago. i mean, again, just two weeks since the search happened.

the more we learned about what happened, it seems to be getting worse by the day. this is not, i mean, you don't end up with documents because they were accidentally tucked in with grocery lists, you know what i mean? it's a lot of stuff. i have to tell, you nbc news it has not confirmed this new breaking news from the new york times tonight. here is a bit more from the times's story. quote, the 15 boxes trump turned over to the archives in january, nearly a year after he left office, included documents from the cia, the national security agency, and the fbi, spanning a variety of topics of national security interest. also this, quote, trump went through the boxes himself, late last year, in late 2021, according to multiple people briefed on his efforts before he turned the boxes over. he went through the boxes himself i.e. trump didn't personally. it means no passing the bucket saying it was somebody else who did it, you had no idea, that's

the crime we leave to the little people. if it was, him in here, with this big, old hands, big hands, little hands, hands in the boxes himself, going -- the new york times reports tonight gives us this curious detail that, in addition to finding all these documents in that storage area that's been described at his estate at mar-a-lago, fbi agents also found documents in a separate container in a separate room, specifically they found more documents in a closet in trump's office. again, new breaking news from the new york times this evening. with chairman of the house intelligence committee drums's live to response next. o response next. it means lower drug costs for millions and ramps up production of american-made clean energy, bringing down monthly energy costs for families. and it's the boldest action on climate change we've ever seen. it means lower costs for us and a brighter future for them. a historic win that will bring relief to millions of people.

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aleve it, and see what's possible. chairman of the intelligence committee in the house of representatives, california congressman adam schiff. he is the author of the number one new york times bestselling book, midnight in washington, how we almost lost our democracy and still could. midnight in washington has just come out in paperback. congratulations on that, sir, thank you for joining us tonight. >> great to be with you. >> let me first get your reaction to this breaking news from the new york times tonight. quantifying for the first time the amount of classified information that may be in question with the former presidents estate in florida. the times is reporting that the fbi has now obtained more than 300 different classified documents from trump's home that, reportedly, included documents from this cia, and i say, the fbi.

what is your reaction to that reporting? >> well, it's staggering and for all the reasons you've mentioned. the sheer volume of classified documents. it's not like there was a classified paper mixed in with a bunch of unrelated information. it seems it must be quite deliberate if the volume is that great, and if the reporting is accurate, and covered a broad range of topics. there goes, frankly, rachel, my theory, which was that he was bringing home a bunch of russia related documents he thought might be beneficial to him, somehow, if they covered a wide variety of topics. it begs the question, what was he doing, what was he thinking, what was the purpose behind this? finally, evidence he reviewed himself is going to make it much more difficult to voice responsibility on to others, which is, as you pointed, out they were passed on the former president. >> that's striking reporting if the times reports are accurate.

last year, before the government is able to start obtaining this material, and getting it back, trump, they are saying, personally went through these boxes, meaning he personally reviewed this material before withholding, before deciding to withhold more of that material marked classified and not handed over. that would seem to indicate personal, that the president is personally implicated here in a way that can't be passed off as a systems problem, a staffing problem, or a communication problem, right? >> that's exactly right. what has struck me about this story from the beginning, and of course we had no heads up about the search or anything like it, the degree to which evidence seems to be coming forward of wilson's, i am struck, for example, by the reporting one of the trump lawyers signed an affidavit saying they turned over all the classified documents when, blatantly, from the search inventory, that wasn't true.

that was not true because the lawyer was deliberately deceiving people, or was it's not true because his client had deliberately misled him? i'm sure the justice department was trying to find out from the intel committee perspective though just really frightened foot is in that stockpile, particularly those marked top secret sci department information. those generally mean there is a sensitive source involved, like a human source, life could be put at risk, or a technical source that if it's discovered, means we're going to have a blind spot where he used to be able to see. we are deeply concerned about all of this. >> as intelligence committee chairman, do you you believe you should be allowed to see the material that was retrieved from trump's home? you say you are concerned about the specific content of some of that material. there is been reporting today that some members of congress, some in leadership in congress, have formally requested access to see those documents.

have you made that kind of request? do you think you should be allowed to see those documents? >> their quest i made, so far, it was for damage assessment by the intelligence community, something that we traditionally do to determine, okay, if this material was compromised, if they did get in the wrong hands, what is the damage? how do we mitigate it? how do we protect a source, if that sources life maybe a list? how do we protect the technicals, the source? that, i think, we should be briefed on. i would, at some, would like to see the documents themselves. i realize what complicates that is the level of criminal investigation. i want to make sure that nothing in peds that criminal investigation. i would hope if we can see the documents themselves, we get a full briefing from the intelligence community about, essentially what is in them. what are the risks, what needs to be done to protect those intelligence sources. >> as intelligence committee chairman, you have a better

claim to them potentially doing that than almost anybody else. congressman adam schiff of california, chairman of the intelligence committee. sir, thank you for joining us tonight. i know there's a lot going on. i appreciate you making time. >> thank you, great to be with you. >> we will be right back. stay with us. ck stay with us fabric softener! wrinkle guard penetrates deep into fibers, leaving clothes so soft, wrinkles don't want to stick around. make mornings smoother with downy wrinkle guard fabric softener. new astepro allergy. now available without a prescription. make mornings smoother astepro is the first and only 24-hour steroid free spray. while other allergy sprays take hours astepro starts working in 30 minutes. so you can... astepro and go.

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