This is CBSI on the world. I'm John Batchel with my colleagues. That is MacArthur American Greatness and Andrew McCarthy of the National Review Online. The trials of Donald Trump. The prosecution for Mr. Smith was not just a January 6th event in Washington, but also in Florida. The matter of documents that were retained by Mr. Trump following his time in office

that were said to be secret, many versions of secret, prosecuting for mishandling documents

for deceiving all kinds of accusations were made.

This case, is Mr. Smith looking to dismiss this as well, Andy?

Well, he's already lost this case because Judge Aline Cannon ruled that his appointment as

special counsel violated the Constitution's appointments clause because he

is neither nominated by the President and confirmed by the Senate nor filling a position that was

created by Congress by statute. His position was created by the Justice Department by regulation,

and Judge Checkin, I'm sorry, Judge Cannon, found that that violated the appointments clause. So,

Smith is appealing that, Smith and the Justice Department. That appeal is to the 11th Circuit. The case hasn't even

been argued yet. It wouldn't even be argued until sometime next year, and who knows when it would

be decided after that. But it's much less complicated, John, to get rid of that case because

it's easy to dismiss an appeal you know they already lost the

case they just dropped the appeal whereas the Washington case you actually have to go into the

judge who's presiding and get her to agree to dismiss the indictment on the appeal you just need to

drop the appeal which i think they will do that is you question. Well, it's on a related question, Andy.

Regarding documents in the DOJ,

the Biden interview that allowed him to escape prosecution for his handling of classified

documents, is that going to see the light of Dane or Trump administration, or can

that be spoiled away somewhere?

Well, unless they cut some deal that it won't be made public, I think it'll be made publicly.

Once the, I don't think there's any good reason for Attorney General Garland to be withholding it from Congress.

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