this step under a memo that was issued at the end of december by then deputy attorney general, jeffrey rosenn had been wrangling with the issue in the closing months of the trump administration, and several prosecutors had tried to get approval of the very intrusive and unusual warrant against the sitting president's personal lawyer, and so this is something that got the attention of everybody at the highest levels of the justice department at the time. at that time they decided that there was not enough evidence, and they believed the prosecutors needed more before trying to get this warrant. again, they wanted to get electronic devices. they wanted to get documents. they wanted to go to his residence, to his office. again, very unusual steps and it required a lot more approvals at the justice department at the time, and jeffrey rosen and some of the leadership at the justice department decided there was not enough evidence clearly, and that has been revisited by the new biden add machine administration leadership and they decided it was okay to do the raid today, and it's a big step. not o

>> jeffrey rosen, thank you so much for breaking this down for us today.oney at marjorie taylor-greene to keep her in congress. a man determined to throw her out joins us next. o throw her out joins us next. ♪ this is a cold call! ♪ hello, my name is ice t. can you spare a few seconds to learn about cold water washing with tide? hi my name is steve. did you know washing in cold can save you $100 a year on your energy bill. why wouldn't you turn to cold? it helps the environment. what? because stone cold said so. plus, tide cleans great in cold. ♪ this was a cold call! ♪ i am robert strickler. i've been involved in communications in the media for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life. mm. [ clicks tongue ] i don't know. i think they look good, man. mm, smooth. uh, they are a litt

today is jeffrey rosen president and ceo of the national constitutional center.

our guest speaker today is jeffrey rosen, a president and ceo of the national constitution center. he's also professor of the george washington university law school and contributing editor at the atlantic. professor rosen is a graduate of harvard college, oxford university and the yale law school. his book was published on june 1, 2016, on the 100th anniversary of the supreme court confirmation. his other book includes the supreme court, the personalities and rivalries that defined america. the best selling companion book to the award winning pbs series "the most democratic branch, how the courts serve america." the naked crowd, freedom and security in the anxious age, and the unwanted gaze, the destruction of privacy in america. which "the new york times" has called the definitive text on the privacy perils in the digital age. professor rosen is also co-editor with benjamin witt the constitution 3.0, freedom and technological change, the proceedings from the brookings project technology and the constitution. his essays and commentaries have appeared in the atlantic, "the new york

>>> next on american history tv, jeffrey rosen talks about james madison and democratic u deals. mr. rosen is president and ceo of the national constitution center in philadelphia. he argues in part that social media platforms work against the founding fathers' core values and cooling mechanisms on popular opinion. the james madison memorial fellowship foundation and constitutional center cohosted this event. it's an hour and 45 minutes. >> we welcome you to the james madison lecture, which our foundation sponsors every year. seated in our seats today are 49 james madison fellows here at the university studying the foundations of american constitutionalism. they are all high school teachers or middle teachers of american history, american government, or civics. and then we have several of our alum that have come. so we have james madison fellows that are teaching those subjects across the nation. i'd now like to introduce our guest speaker. our guest speaker today is jeffrey rossen, president and ceo of the national constitutional center. he's also professor of law at the george

these attempts to get search warrants on his devices, on his homes that were being held off by jeffrey rosen under the bar a.g. in the last administration. they likely expect this was coming? >> right. i guess they had to. the judge efry rosen relationship only at the very end of the barr administration. our understanding based on report is this started prior to election day. look, it's not uncommon. any administration, republic or democratic, would have delayed the execution of a search warrant for this about the 60 days prior to election day to avoid the appearance of political conflict. so, this goes back to at least, i believe, as early as last summer, if not longer. yes, this should surprise no one and, frankly, the statements coming out of rudy giuliani and his attorney are more attacking the process. it's federal government run amuck and name calling and stuff like that. i don't think there's any real reason for shock or surprise. >> how do you think former president trump will react publicly and privately, what he'll be doing? >> well, i think in both cases, he's going to be upset an

now there is even another hurdle in a way put in place by jeffrey rosen, the former deputy attorney generalmer president donald trump. he issued a memo as he headed out the door, now in the case of search warrants, the prosecutor has to get approval from the attorney general. this one we know has went all the way up to the top. whether or not the a.g. merrick garland approved it, we don't know for sure. it's likely with the political sensitivity, he has. but we don't know. >> that's a high bar to get to where they got yesterday, inside giuliani's office and apartment, grabbing his stuff. what happens next, elie, to that stuff, everything that was seized? >> first the fbi will take whatever items they seized and do a forensic review of those electronic devices. they'll tap into the phones. people think they can delete these things. you and i know, jen, the fbi is really good at finding them. you think you deleted. they're often still in there. then the prosecutors will sit down with all of the evidence and search warrant and make a charging decision. do we have enough evidence to charge. do

. >>> next on american history tv, jeffrey rosen talks about james madison and democratic u deals. mr. rosen is president and ceo of the national constitution center in philadelphia. he argues in part that social media platforms work against the founding fathers' core values and cooling mechanisms on popular opinion. the james madison memorial fellowship foundation and constitutional center cohosted this event. it's an hour and 45 minutes. >> we welcome you to the james madison lecture, which our foundation sponsors every year. seated in our seats today are 49 james madison fellows here at the university studying the foundations of american constitutionalism. they are all high school teachers or middlte

jeffrey rosen at the time. are a number of reasons why they didn't approve it but it went to the deputy attorney general level and one of the reasons was, you know, there was an election, then there was the post-election litigation in which rudy was running around trying to play a role in. that made it difficult for the department. and also, they had some qualms about the evidence. in the end this came back to the current leadership, and it was approved. it went, as you said, it has to go up to the deputy attorney general's office in this case. it would have been approved or at least, you know, they would have to send it to the office of the deputy attorney general. that would have been john karlen at the time or lisa monaco would have had a chance to stop it or let it go through. in this case they let it go through. what the president is describing is exactly the way is justice department is supposed to work, which is, you know, the president doesn't get told about things, especially something that has like a

by the way the first time the southern district of new york tried to do this, happened under jeffrey rowes roseneputy attorney general, and he raised concerns about whether this case was sufficient -- whether there was enough evidence to -- to get these -- this warrant. >> evan perez, thank you so much. appreciate it. let's bring in were preet -- let's bring in preet bharara. your take on this raid, its significance and whether there's overreach. >> i think it's very significant. just as matter of looking at the arc of rudy giuliani's career. he's not been charged, may not be charged but to take a step against any lawyer is a big deal and requires those approvals that evan describes, and to do it when that person was the lawyer to the former president of the united states very significant step, and so, you know, he's fallen pretty far in terms of how far along this investigation is. i think, again, there's no way to conclude for certain whether or not there will be charges, but in a case like this given the circumstances and given the status of rudy giuliani, how long the investigation has gone