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mark: the irony would be, david schoen david schoen they destroyed records and perhaps the espionage destroyed it with that be delicious and precious arnie? we will be right back. ♪ ♪. mark: welcome back america. you know for the democrats seem to be very concerned about the nomination of kash patel to take over the fbi. he is more than qualified. he is more qualified to be the director of the fbi did robert kennedy was to be the attorney general of united states under his brother jon kennedy that is for sure. they're raising questions about pam bondi who was a wonderful nominee she was the attorney general of florida and so forth and so on. what do you want to tell the republicans in the senate about her and about him in terms of getting behind them, supporting them and getting them into the slots? also they have to remember above all else is that elections have consequences. this is the president who is chosen he ha has the prerogativf choosing people the key positions in his cabinet and to run this government. he has made his selections these people are going to get past they will

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let's discuss these developments further with david schoen. he served as an attorney for trump during his second impeachment trial. we're also joined by judge diane kiesel, a retired new york supreme court judge. thank you both for being with us. david, what is the significance of a sentencing without a penalty? >> yeah, i think the significance was to confirm that the there's a felony conviction in the case and the secondary significance, but primary to president trump is that it now allows him there's a conviction in the case. >> it allows him to take the appeal of all of the issues in the case at once. >> and, judge, what did you make of what we saw unfold in court? >> i think what we saw unfold in court was judge merchan at his best. this is who this man is. again, as you noted earlier, the public didn't get to see and hear this because cameras were not permitted during the proceeding. but what you saw was a judge who is fair, who is measured, who treats everyone in that courtroom with respect. and despite the fact that donald trump is stil

. >> david schoen, his former lawyer, thinks it will be ultimately thrown out. >> do you i don't know. there are so many different pitfalls and holes in this because number one, you have the question of is a former president immune for a matter like this? how does immunity apply to a state case? how does the application of the new york financial crimes statute actually apply here? so there's any number of ways that trump can attack it. so just playing the numbers. yes, possibly. but i just don't know. brianna. it's so complicated. >> i think one of the things to draw from what we heard from trump could be read as a preview of how he sees doj and the government as he heads into another four years, this time fully capable of assigning folks to positions. i mean, the judge that he appeared with is going to be the assistant attorney general that that will carry out his vision of a more involved executive attorney that he appeared with. >> look, he said it was an injustice of justice. i was treated very unfairly. his demeanor was certainly more calm than it was when he was actually sitting