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the doj's damning new court filing about the mar-a-lago search. they are admitting sensitive documents were found at mar-a- lago, but arguing is not a big deal. want to bring in the cnn analysis -- former right house ethics czar under president obama, you say filed a brief understated officials under opposition to chuck's request for a special master. also with us, sir paul mary. she is a senior political correspondent for puck and michael d'antonio, the author of the truth about trump. so good to have you on, good evening, let's get into it. what is your reaction to team trump's response of the doj? >> my reaction and how it will be received by the judge are probably two different things. my reaction is that it was a word salad. they threw everything in there that they possibly could. a little bit of everything. but, don, they don't really respond to the two key arguments that the department of justice made, and that we made in our brief, on behalf of

former -- that i filed on behalf of former. all senior public law enforcement officials, number one. executive privilege belongs to the executive. this is unlike an attorney client privilege dispute where somebody takes your attorney -- or your client documents. these are the executive branches documents. and, in number two, that is why there is no special master case in history. they don't cite any here, and the papers filed tonight. where a special masters appointed to mediate a dispute within the executive branch. i think that the motion is beside the point. the judges said that she is preliminarily inclined so that we can't predict what the outcome should be -- will be. it should be to reject trump's request for a special master, with one narrow exception. >> listen, i know what i wanted to say. i have a quote. you said there is something, you said this is the most

important part. what was the most important part? >> there were two things that jumped out at me. one was the photograph attachment f. we all looked out, nonstop for the last 24 hours. i noticed, and i marked the bottom of page 10 of the brief. it is clear to me that the doj is likely working with multiple informants. they describe -- not only these terrible documents, so dangerous, each one of which could harm lives -- but they were concealed. they were removed. efforts were likely taken to obstruct. boxes formally in the room were not returned. that is active obstruction of justice. you know we say in washington, the cover-up is worse than the crime. i think page 10 nails that. >> what you think, michael? this filing acknowledges the classified documents were at mar-a-lago.

they were saying, they were all gone, they weren't care , he classified them -- >> the person that signed off on that that would is what happened is somebody who used to be a pseudo-journalist, and is now an almost attorney. this is testimony to who donald trump is lying on, now. i think, one of the things that norm said that deserves underlining is that he doesn't care who is harmed. he doesn't care that people might be killed based on his abuse of these documents. he has never cared. this is not a person who has ever cared about any one's life. is shot out for and on is profoundly dangerous. this is a group where there have been kidnappings, there have been murderers based on qanon beliefs. it is worse than what lindsey graham said, how they will be were riding in the streets. this is a guy who is completely

unhinged. i think that the legal arguments are reflecting that. >> listen, there are a lot of people not buying excuses from team trump -- including karl rove. watch. >> i saw that. >> let's be clear on this, none of these government documents are his to have taken. the deputy director said that a lot of the former president's problems are of his own creation. for the president records act of 1978, you cannot take original documents of the white house with you when you leave the white house. whether you're the president of the united states's, or any of his aides. it is verboten. >> i feel like i am in the twilight zone. when executed that search warrants on mar-a-lago, i was away on vacation. i was watching and going, am i in the twilight zone? why is this an issue? the documents are not his. there the government documents and they belong to the american people. why is this even an argument?

>> i think you are right. if it belongs to the government and you take it, it doesn't matter what level -- who you work for -- you could be the janitor or have top-secret security clearance -- if it doesn't belong to you and you take it, you just on it, correct? especially when it is top secret. i think about the rigor and the betting that it takes to even get the lowest level of security clearance in our government. you can't have committed even some of the smallest crimes. early on the trumpet ministration, bunch of his aides were walked off the white house lawn because they had admitted that they had taken drugs at some point in their lives. like, marijuana or light substances et cetera. they were hauled off as lower- level aides. to get a clearance, it requires extensive vetting. these are documents that not everyone can read. why would you think that you can take these secrets, our secrets are our american treasurer in some way, right? to take them -- it's not surprising that they would fight for them back. >> your point in this response -- they don't mention -- i

don't think there's a mention of the obstruction of justice. there is no mention of the classifying documents. >> they concede, contrary to trump's documents, the he waved a wand and they were automatically disc declassified, they can see they want a special master who has the spot highest security clearance. there is a concession. don, this is not a real legal paper. in the law firm where i worked, if i turned this brief in as a draft brief, marcus would have said, go back and start again. they're not doing with the issue that tara talked about. these documents belong to the government. what michael talked about, the danger and the harm -- i'll see documents and i look at that picture attachment f. somebody had -- i see people. behind each one is piece of paper is a human being.

you don't get any of that concern. instead, you get a misreading of the presidential records act. this should not be close, but we have a judge who said she is preliminarily inclined. we need to see if she will listen to legal arguments. that is why these seven senior former republicans asked me to help them put together that brief to explain to her, republicans -- this is not okay. >> sony look at this as an attorney, what did you think? >> i thought -- i -- i thought it was another example of the very shoddy lawyering that donald trump is increasingly foisting upon the world. he can't get good lawyers anymore because they get in

trouble. one of the interesting things about this, the government's filing yesterday was -- if i were donald trump's lawyers who made these allegedly false representations, i would feel that i had to get my own lawyer. so, he gets his lawyers in trouble. that means that he doesn't get very good lawyers. >> and he doesn't pay them. that is a serious problem. >> trump post about this photo. the new one that was in the doj brief. why do you think he is latching onto this photograph? >> he is a test with time magazine covers. this is what is so strange. he sees the time magazine covers it is like, oh that is mine. he also wants people to think that he is -- and that these people were throwing things around. it is not clear that that is his office at all. having been into his office at

trump tower, i can tell you that it was a mess. i'm not sure that it is in his office. this is and how he would've kept things. >> maybe three times -- i don't remember -- but i remember going there. there's a lot of memorabilia. >> thrown on the floor. mike tyson's championship belt on the floor. just awful. >> a lot of that stuff. tara, i wanted to get your take on this. the doj exposing multiple trump lies. we know that he wasn't fully cooperating, the timeline shows us that. there was no claims of executive privilege originally. there is not a mention -- or it was never mentioned, that the classifying of documents. a republican following along on this? >> the problems that i have spoken to, they think that this is a huge distraction from all of the things that they want to be talking about in a midterm year that was poised to be a period for them to take back the house. and to take back the senates. they are stuck defending donald

trump and now that the answer to joe biden saying that you are the party of -- >> let me ask you this. >> yes. >> he is in annville. >> he can decide who will be the next speaker of the house. >> can he? >> yes. there are a lot of members there that have his loyalty. he has the support of the base the party. he is so much power in the republican party. >> i think there is some doubt about this. this platform, true social, he has 4 million followers. he had 80 million when he was the big dog. >> they are struggling financially. >> i'm not sure he can mobilize people the way that he could. >> is unfavorable's are high.

he is polarizing. he brings out crowds and primary voters. everyone is terrified of him. the freedom caucus -- i mean, he has all these new -- >> this is more about them than it does about trump. all these people are for this one guy? and he is in this much trouble? >> good to see both of you. i love your response. given the response if you handed that brief to you, what would happen? >> don't make me do it. you are fired! >> well, okay. >> from the documents we saw from the filing has a rare label. i'm going to ask an expert what it means. is a former director of national intelligence, james clapper. he is here next, thanks guys. r sit this one out. icy hot pro with 2 max-strength pain relievers.

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>> new details about the document seized at mar-a-lago. new energy questions about the national security secrets contained in the documents that set in trump's home.

former director of national intelligence, james clapper. director, thank you for joining us this evening. we look at this photo, the you see these documents all laid out -- it is astonishing. what story does this photo tell you? >> well, first of all, it is -- viscerally it made me ill to see the documents. those cover sheets are designed to protect sensitive documents. i guess it is more confirmation of the complete disregard for security. protecting these sensitive documents. those were top-secret, if exposed, could potentially ask cause great damage to the national security of the united states. this is something that intelligent professionals -- as one who spent 50 years in intelligence protecting this

information, it is really disturbing. to see those documents in a circumstance in which they were retained . >> the trump team is arguing that the national archives should have expected to find a classified material in the 15 boxes that trump turned over in january because they were presidential records. can you explain the difference between presidential records and classified materials, please? >> presidential records that are not classified, you know calendars, speeches, press releases -- there are all kinds of material that are characterized as presidential papers. but, which are not classified. the cavalier manner in which trumps legal team attempted to blow this off -- i wondered if

that reflects their own ignorance about the sensitivity of these documents. and the fact that there is no precedent for this. like it happens all the time, it does not. i know that in the previous administration, there was great care taken about appropriate procedures for the retention and storage of presidential papers -- which are under the jurisdiction of the national archives. there is a huge difference and one of the reasons for having those cover sheets is so you can readily identify when you have a document that you're not supposed to see or that you shouldn't have. to me, the defense of this was pretty weak.

again, i wonder whether it just reflects ignorance or insensitivity to how important these documents are, and how important protecting them is. >> you said that this doesn't happen all the time. several experts have flagged how rare it is to see documents labeled secret, with the orange border. what kind of information can be in documents with that kind of classification? >> that is normally the form of art that is used to categorize signal intelligence. a collection of foreign intelligence messages and communications. hds. that could be damaging, if exposed. we only need to look at the case of edward snowden, 2013,

any damage that he caused by the documents that he stole and exposed through journalists. it has all kinds of implications , in terms of our international relations. it causes problems with our eye lies, with whom we share intelligence. they reached the point where they can trust us to keep secrets. if no one is held accountable, this will not bode well for our foreign intelligence relationships there are all sorts of implications. hcs, the human control system. >> here, potentially, lives are at stake.

if they are exposed in a foreign intelligence service that can figure out what they're talking about, you are putting lives at risk in a situation like that. this kind of stuff gives you the heebie-jeebies. that makes me wonder, what is in there about that? that is extremely sensitive. if it is compromised it allows foreign adversaries to take countermeasures to prevent us from collecting and gleaning intelligence from overhead resources. again, this is potentially -- and as i have said before -- we don't know the content of these documents -- but potentially could be very damaging. >> that is why we have you

here. we love having your expertise, knowledge and experience. thank you dr. klapper. thanks, don. >> victory for the goat. serena williams advancing after defeating number two, nance county vick. later, black pastor arrested while gardening, that is ahead.

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[ applause ] >> serena williams winning against number two seed anett kontaveit. here is the winning moment. [ applause ] >> their first meeting is a memorable one.

serena williams. >> while, did you hear that crowd? serena williams will play with her sister, tomorrow. that a third round singles on friday. non-, along with all of her fans , joining me now, roxanne aaron. president of the american tennis association. i'm so happy to have both of you on. thank you for joining us. thank you for joining us roxanne and carrie. the energy, tonight. three sets and serena the entire through them despite being up again -- up against the number two seed. the announcers kept saying that serena is back. she really is? >> yeah. serena said something that i thought was apropos. she has played a handful of matches.

she said her game wasn't coming together in the lead up to the u.s. open. tonight, she started to feel really good about who she was. she is not peak serena, those who watch understand. what was there to me, is the crowd. on monday, there was, okay this might be it. let's root for her, no matter what. >> did the crowd will this victory for her? i thought that. >> i felt like they were like, we are here with you, we love you, we support you but you had to do it. serena served up for everyone. when her sermon was on, and roxanne can talk to this, when her sir was on, there was no stopping her. >> go ahead, roxanne. >> i think so. i think so. serena doesn't have anything to

prove, now. so, she is out there having fun. she's got her best game on. >> that you think that tonight, like, she wanted to win this. >> i think she did. i think she did want to win. you can see it in her face and in her movement. i knew she wanted to win. she wanted to come out of this u.s. open with grace. >> yeah, yeah. i was saying, during a part of the match i was like -- well, this is a valiant try. i was like, come on serena. all kinds of scenarios were going through my head. roxanne, this is what team he was age tweeted. serena made her debut at the u.s. open on this day. now, here she is closing on her career. that says something about what serena williams has given to this sport, don't you think? >> it says a lot of what serena williams has given to the sport. i can say this from being the president of the american tennis association, were found in 1916. we were founded because

black and brown folks weren't allowed to play pro tennis. a lot of tennis players have come through our doors. arthur asche, james blake -- katrina adams, the past president of the ata. what she has brought is young black players. >> similar to what tiger woods did for the sport of golf. >> similar what he did for the port of golf. she talked about how she grew up . also, coco gossip.

>> serena said she hasn't been able to come out and enjoy this since 98. that is a bittersweet statement. he goes with what roxanne was saying. she is having fun. she doesn't have anything to prove, she already won the title. >> she said it. tonight, everything is a bonus. there was a target on her back from the moment she won her very first grand slam, at the u.s. open. what we are watching -- and i hope that everyone can understand what this means, what we are watching, what this means, we're watching greatness and watching it with grace. but, we are watching the grades come and give her that talk. there is tiger woods in the audience, lindsey vonn, bill clinton, it is g.o.a.t. talk.

you are the greatest of all time, in your sport. we can leave that for everyone else to debates after that. but, serena, right now, she is enjoying what she has been able to give. she talked a little trash, tonight. she said, i am serena. i am serena. she was asked, are you surprised of your levels? she said, i'm a pretty good player. i'm serena. i love it. >> what i like about where she is, when serena and venus first came out, all the conversation was about their curves, their hair, and how she dressed. but now, the conversation is about her technique. her class, her style. that is what we want to see. sometimes, there is a double standard in sports. in life. she is pushing that button to move us from the double standard. >> you know i'm going to say, i don't care. i tell carrie all the time, girl, you look good. i set it last night about

serena. tim and i, my fiance, we were watching. she didn't have a bit of makeup on and he said, look how good she looks out there. >> flawless skin. flawless skin, she is coming and giving you who she is. she is coming as if she had just started as a teenager. she is letting you know, i am who i am. i am an authentic. everything about the presentation is true to who she is . >> serena williams, thank you. >> she gave us some great stuff on the court. thank you serena williams, thank you roxanne and carrie. >> thank you. >> sarah palin is losing the special election for a special house seat in alaska to a democrat. this is the first time the seat

is gone blue since 1972. we are going to tell you why this is a very big deal. that is next.

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>> election news out of alaska. democrat, mary patella, flipping the house even winning the special election against former alaskan governor, sarah palin. according to unofficial ranked choice voting results released by the state division of elections. this win will make mary the first black and native to serve in congress. the spring and ron brownstein. >> i thought i had read something wrong. just want to get that out

there. thank you so much for joining. >> there are a lot of unique factors. she is a personable candidate. she has deep roots in the community. the rings choice voting system adds another wrinkle. but, even with all that considered, she ran -- as he said, she would unequivocally's of port a lot to codify roe v wade. she was the first politician i can remember who has been described as pro-choice and pro- fish -- giving her work on salmon preservation in the state. she continues the pattern that we have seen since the court overturned roe v wade. democrats have outperformed the

2020 results in a series of special elections in new york, nebraska, minnesota -- obviously in kansas -- this was a state that donald trump one in 2016. no guarantees that she can hold the seat in november. but, certainly continued evidence that abortion is has energized the electorate. it is reminding swing voters why they are hesitant about the trump era republican party. >> let's talk about what happens in november. they're going to have to do it again. do you think she will be a will to hold onto the seat? >> i think is going to be hard. i think there may be more voters who pick another republican as their second choice. she is the incumbent. she is, as i said, a personable

candidate with deep roots in the community. with a cure clear contrast on the abortion issue that she is not afraid to emphasize. she put out a video the day of the supreme court decision saying that she would unequivocally support federal legislation. that wasn't the only reason why she won, but that was a clear point of distinction. she did win and it continues since the dobbs ruling. >> all this is coming head of president biden's primes time speech where he is expected to talk on the battle of the soul for the nation, and the threats facing the country's democracy. biden has been coming more willing to call out antidemocratic forces. is that what democrats need? is that what they want? >> i think that is what not only democrats want, but we have a lot of trouble in american politics acknowledging and naming what is happening. it is so far out of the tradition of the way american politics have unfolded throughout our history.

the evidence, i think, is overwhelming. donald trump is the leader of an undemocratic movement. an authoritarian movement. whether the president causes fascist or authoritarian, he is going out in reality. when you look at the evidence, two thirds of republican and house members are trying to overturn the 2020 results -- we look at the polling, it shows a majority of republican voters. multiple polls say that the traditional american life is disappearing and we have to use force to save it. the behalf of the republicans calling the attack on the sixth as patriotism. what happened today in michigan -- when two republicans without cause, voted to deny a place on the ballot to the referendum guaranteeing abortion rights. the number of election deniers who are getting a nominated around the country -- as liz

cheney is pointing out, this is the biggest threat to the functioning of american democracy that we have seen since the civil war. i think there are a lot of people, not only democrats, but those who are concerned about the basic health of american democracy. as difficult as it is, they say that it is important for the president to begin naming this more aggressively. that is what we are going to be seeing tomorrow. >> ron brownstein, thank you. we will be talking about the speech, tomorrow. a black pastor watered well -- we went to sherry the body camera footage, that is up next.

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>>

arrested for watering neighbors flowers while the members were away on vacation. is what happened there but has in alabama. after telling police officers, his neighbors asked him to water the flowers, please say that they were responded to a 911 call from another neighbor claiming that there was a suspicious car parked at the house. and that a person that the caller, quote, did not recognize. there is police product and video from the incident and we have more tonight from cnn's martin savage. >> is a warm evening in -- please respond to 911 call from a neighbor. reporting a car that she is not recognize at her neighbor's home, she knows are away. we watched the police body camera footage. what officers find is a man who holding a garden hose and watering flowers. >> what are you doing here, man? >> watering flowers.

>> is a vehicle? >> no, that is the neighbors vehicle. >> the neighbors? >> okay. >> do live here? >> i don't live here. >> there saying that this vehicle is not supposed to be here and that you aren't supposed to be here. >> who is saying it? >> they called about it? >> i am pastor jenning, i am looking out for their house. >> the scene escalates when police demand michael jennings, a pastor of 31 years, provide some identification. >> look, don't do this to me. there is a suspicious person in the yard. if you are not wanting to identify yourself -- >> i don't have to identify myself. >> jennings, who at one time was a police officer and has told police his occupation, refuses. >>, saying nothing. >> you have no right to approach me.

i have done anything suspicious or anything wrong. >> moments later, he is placed in handcuffs. >> who called you? >> reporter: you will not listen. >> you had to identify yourself to me. >> reporter: the lead officer appears to lose patience. the helpful member is arrested and not allowed to tell his wife across the street. >> you know what? 1015. 1015. i'm not going to sit there and have that. >> no. >> reporter: despite the officer calling him pastor jennings, he tells his colleagues that jennings refused to identify himself. >> we told him he was trying to call the owner, but still i need his name. >> reporter: jennings is charged with obstructing government operations. >> pastor jennings was in your yard when the police showed up on the scene, is that right? >> that is right. >> reporter: roy milam says

that jennings has been a great neighbor. naturally, they asked him to look after their home when he went on vacation. >> we were upset. we were upset. we knew that he asked him to come out here and he -- >> he was under no obligation under the law to give his i.d.. nor do you have any obligation to identify yourself. >> in a recent interview with good morning america, jennings said that he feared for his life. >> i was thinking that if i did something wrong or resisted, that i could have been shot. i was trying to cooperate, even though i didn't understand what was going on. i was agitated and angry, but i need to comply. >> lee speak to the woman who made the original call. now recognizing the pastor, she tells the officers is all a mistake. >> he lives right there, he is

watering their hours. this is probably my fault. >> reporter: the woman also declines to name herself, but jennings is the only one who goes to jail. even after jennings wife shows up with her husband's i.d. 10 days later, after reviewing the call, the body camera footage, and speaking with the officers, the chief of the police department issued a statement. saying, as a result of my investigation, i have recommended to the municipal judge, that the warrant be dismissed. >> reporter: you have no doubt in your mind that this was racial profiling? >> if you look the video, the evidence is clear. >> reporter: the attorney for michael jennings says that his client doesn't hold any ill will against the woman who called police. after all, she was only doing what he was doing, looking out for a neighbor's home.

but, that same attorney says that jennings will be filing a lawsuit against the police. don? >> martin savage, thank you. thank you for watching, everyone. our coverage continues.

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