>> well, let's start with what paul clement says.ul clement, again appointed by the court to sort of advise him about what his role is. paul clement says, look, judge, you have the latitude to look at these communications, but you don't really need to because your options are limited. you can dismiss the case without prejudice, which is what the current department of justice is asking you to do. or you can dismiss the case with prejudice, but you don't have an option to continue this case against eric adams, against the will of the prosecutors, and namely, the department of justice that's brought this case. the communications that are in this brief that you were just referring to, it's the current department of justice quoting from partially selected texts, drafts and emails exchanged among the career prosecutors in this case and also the acting u.s. attorney. they have included those to say that the people who are litigating this case had real doubts about the underlying motives of the former u.s. attorney here appointed by joe bide

and it was a fascinating document because what paul clement says is two things. he says, judge, you don't have the authority to say no. if doj wants to dismiss the case, that's up to them. >> it's the prosecution. separation of powers. >> exactly. however, now we're going to get into prejudice. what doj wanted to do was dismiss the case without prejudice, meaning we can still bring it back if you're bad. eric adams and what clement said is, no, you can't do that, because that leaves him with the sword of damocles, with this threat hanging over his head. so what clement said is, if you're going to dismiss the case, it should be with prejudice, meaning it's over and it can't come back. >> they cannot come back. and there are a lot of people saw that as the possibility of quid pro quo. and there was a lot of talk about that. right. as the justice department dismissed the case. okay. what is pretty wild about this case is the reason that main justice used to say it should be dismissed. was it about merit? >> no. so this is why. this is why. why people say to me like,

former solicitor general paul clement's recommendation went one step further, though, recommending therts dismiss the charges with prejudice, writing, quote, a dismissal without prejudice creates a palpable sense that the prosecution could be renewed, a prospect that hangs like the proverbial sword of damocles over the accused. it comes as sources tell cnn tonight, the justice department has placed two new york based federal prosecutors who worked on the adams case on leave. my source tonight is cnn's senior legal analyst, elie honig. now, we could go hamm for hours on all the details of this, but let's start with the refresher of greek mythology and what it means and what these terms mean when it comes to, with or without prejudice. why is that such an important distinction? okay. >> we're. >> going to work our way up to. >> damocles here. okay. >> so this. >> all started when the. >> justice department came in the new justice department under donald trump and said, we want to dismiss the pending indictment against mayor eric adams. now, that caused several resignations in protest at

paul clement. he will address the progress made against such assaults and what remaining work needs to be done in our legislatures and our courts. a subtler theme. the declaration is the responsibility of the individual. the moral agency that adam smith identified. today, americans expect from their government than ever before. and they don't hesitate to call on public officials for assistance. misfortune strikes. our curricula in schools teach children to demand more rights. but not to accept more responsibility. that is why we are especially honored to have ian rowe as our final speaker, an educator who leads with solutions schools that can change attitudes early, and a book that can be their game plan called agency. all these challenges also present opportunities. just as a ship is not built for the harbor. the declaration was not written as an abstract intellectual exercise. self-government only works when people exercise their rights. as coolidge said, the principles of the declaration are ete