loss and grief are among the most universal of human experiences. they're bonds we all share. the first episode is available now. the second one will go online next week. i hope you'll give it a listen. the news continues. i want to hand it over to "don lemon tonight." this is "don lemon tonight." the doj asking for the 11th circuit to take action, quote, as soon as practicable. now, according to the filing tonight just one day after the appointment of a special master, and i'm quoting now from the filing although the government believes the district court fundam fundamentally erred in appointing a special master the government seeks to stay only a

portion causing the most serious and immediate harm to the government and the public. one, restricting the government's review and use of records bearing classification markings. and two, requiring the government to disclose those records for a special master review process. the doj asking for the court to allow its criminal investigators to review the materials marked as classified and for the court to exclude those documents from the special master's review of the search. it is a fight that could go all the way to the supreme court, so we must talk about this now. i want to get right to cnn's justice correspondent jessica schneider, cnn legal analyst and former assistant u.s. attorney jeff, rogers, and special watergate prosecutor nic acerman. jessica, i want to start with you. what can you tell us what the doj is saying in this filing

tonight? >> they're tell this court, look, we want two things the lower court judge eileen canon refused to give us last night. they want to do it unimpeded meaning they want to resume using those 100 classified documents that judge canon has said they can't use whether it's in grand jury proceedings or of witnesses. so they want the 11th circuit to reverse that. plus they're saying they shouldn't have to turn over the classified documents to trump's legal team or the special master here who's been appointed. they say the lower court judge was just wrong to order the disclosure of those highly sensitive documents ongoing in the midst of an investigation. what's more interesting here on a broader scale doj is really arguing that courts shouldn't be stepping in here at all on this issue because the documents belong to the government. so they wrote it this way. they say allowing the government to use and review the records bearing classification markings

for criminal investigative purposes would not cause any recognizable injury to plaintiff. plaintiff has no property or legal interest in those records. plaintiff has not identified any harm for allowing investigators to continue to review and seizing the subset of these records. and they took a shot at the district court here saying that is why courts have exercised great caution before interfering through civil actions with criminal investigations or cases. so, don, i mean, the doj really asking for limited relief here but not shying away from taking a shot at the district court and what she's done in this case so far. >> so jennifer rogers, so they're not appealing in full? do you think this strengthens their argument to continue the investigation? >> oh, 100% don, because it shows restraint. it's very, very reasonable. they're really just appealing the relief they saw from the district court the last time

around, just these 100 documents about which there's clearly irreparable harm to the government for not being able to use them in the criminal case. they point out it also impacts the intelligence assessment, and they don't want to turn these things over to the special master for review by him and of course by plaintiff donald trump and his team. so what's going to be interesting is the special master has a hearing on tuesday. if the circuit doesn't act in time for that hearing what will the judge do? he's been expected to start with those 100 documents in his review. so we'll see what he does if there's no stay before then. >> you said they're appearing to be very reasonable, but do you think that's prudent in this process especially considering what everyone has -- everyone's assessment of the judge and the judge's rulings? >> well, i think they -- they're thinking strategically about what to do here. if they appealed the whole thing, i think it's more likely that the 11th circuit wouldn't grant what they're seeking because there's so many

different kinds of documents in the 11,000-plus seized on august 8th. by keeping it narrow to these classified documents by which the law and facts are so clear there are no possible privileges that could apply that would allow donald trump to have possession of those, it's just so clean, it's much easier for the 11th circuit to make that ruling and make it very quickly. >> nick acerman, i mean how long could this appeals process be dragged out as it moves through the courts here? and if it does reach the supreme court at all? >> well, it could, but i believe you're going to see a three-judge panel look at this quickly and decide it. after that i suppose donald trump loses or the government loses, you have the right to ask for a full court ruling, which would be the entire court of the 11th circuit. that could take a little bit of time. but, again, the issues here are

so simple. the government is just making three simple points. one, that donald trump has no ownership interest in these documents. these are classified documents that belong to the government. two, the government is going to be irreparably harmed by virtue of the fact that it can't continue its criminal investigation without those documents, and to try and desegregate, take apart the national security part and the criminal investigation part opens him up to possible contempt later on. if the judge doesn't like what they did. and three, they're concerned trump's lawyers are going to get to look at these documents. and the third point they make is there's no harm to donald trump from doing this. now, if this went to the supreme court again because these issues are so simple, this could happen

very quickly. on the other hand, i think it's very likely this will never make it that far and go beyond the 11th circuit. i think the 11th circuit will deal with it. however it comes out will be the ruling. >> interesting. so jennifer "the new york times" is reporting tonight e-mails dealing with confusion and infighting among the former president's lawyers. one attorney tried to get answers before testifying before a grand jury, but after not getting answers he got one he didn't agree with, to just assert broad claims of executive privilege. "the times" quotes one of his e-mails and i quote here, i certainly am not relying on any analysis from either of you or boris who to be clear i think is an idiot. so trump is referring to in-house trump counsel and aide boris epstein. he's an important witness of

trump's team. can't give him direction. that is a problem. >> yeah, listen, trump has had trouble for years now attracting top legal talent not including, of course, the white house counsel's office when he was the president. and eric hershman, the one you're talking about seeking guidance has been very critical of the action and we saw his testimony in the january 6th hearings, but it is notable that despite the fact they knew executive privilege was an issue here, they were trying to have all these issues asserted, they didn't have answers to people what the scope of that was. that's just bad lawyering. and the other interesting thing you didn't mention what the article does was the answer back was don't worry, we have a chief judge going to give us a very broad ruling about former presidents asserting executive privilege. that's kind of an interesting point. i hope that someone is going to look into that claim. >> wow, so jessica, cnn confirming reporting tonight

that last year trump's lawyers told the national archives boxes of records at mar-a-lago were just newspaper clippings, but clearly that wasn't true. what do we know? >> yeah, this was all part of this back and forth between the archives and trump's team really for months when the archives was trying to get these presidential records back. eventually they did a few months ago in january. so our jamie gangel has actually learned it was then deputy counsel pat fillben. he said trump's chief of staff mark meadows had assured him that the boxes remaining at mar-a-lago only contained newspaper clippings, nothing classified and he also said no documents had been destroyed. of course we know now that wasn't true, and it's a revelation another a layer here in the question of how much trump, his allies, his team, how much were they hiding, and could that potentially lead to any

obstruction charge. he's long said he's unaware of the content of the boxes that remained at mar-a-lago or if there's any unclassified material. tonight we are still waiting to hear from the archives, but we have heard from a spokesperson for mark meadows who say if mr. meadows did not personally review the boxes at mar-a-lago, did not have a role in examining or verifying what was or not contained in them. everyone pointing the other way saying i never knew what was in these even though they said nothing major was in them. >> everyone is pointing to the person next to them or someone else. nick, you heard meadows denial. and philben said he was unaware of the content of the boxes. >> i think mark meadows is in a huge heap of legal trouble. it's not just relating to these

boxes. it's also relating to the january 6th situation. i mean, if you had to pick one person that the government is going to focus on, bring charges against and turn into a government witness, it's going to be mark meadows. i mean, he originally started to cooperate with the january 6th committee, gave them a bunch of e-mails. but then when donald trump started going at him on the internet and calling him all kinds of names and backing him into a corner, he just clammed up. but he is a weak individual, and i vote him most likely to turn and be a government witness before this is all over. >> thank you, nick. thank you, francesca, thank you, jennifer. i appreciate it. see you guys soon. we've got a lot more coming tonight on the doj asking the appeals court to intervene on the documents.

plus 50 desperate people of men, women and children fleeing venezuela and seeking asylum in the united states only to be dumped in martha's vineyard. is it all just a cynical game of own the libs? >> you saw those young girls with backpacks no older than his children, my children, being used as political pawns. and now he's using it to fund raise, to raise money. it's disgraceful. he's a disgrace. new astepro allergy. no allergy spray is faster. with the speed of astepro, almost nothing can slow you down. because astepro starts working in 30 minutes, while other allergy sprays take hours. and astepro is the first and only 24-hour steroid free allergy spray. now without a prescription. astepro and go.

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florida's republican governor ron desantis promising to send more migrants to democratic cities. tonight the migrants he sent on a plane to martha's vineyard moved to a military base on cape cod. cnn's miguel marquez has the latest on how these people say they were misled and lured to massachusetts. >> reporter: after less than 48 unexpected hours in martha's vineyard, nearly 50 venezuelan migrants were given a warm send-off. volunteers embracing each person as they boarded buses, then ferries, and onto the next part of their long journey.

their unannounced arrival wednesday all part of the campaign by greg abbott and florida governor ron desantis to send migrants to so-called sanctuary cities by surprise. >> all we're trying to do is offer transport to sanctuary jurisdictions free to the alien, but certainly not mandatory. and that way they're able to go in these sanctuary jurisdictions can put their money where their mouth is. >> reporter: these immigrants were picked up in texas. they were taken to a hotel to wait, then boarded planes. well, we didn't know until last minute our destination such as new york where our relatives reside, he says. he and other immigrants we spoke to here say they were promised all sorts of things, including jobs and housing, things that never materialized. we were told it was humanitarian aid by a foundation that in this case remains unknown, he says. it's just the latest account of migrants seemingly deceived and dropped off.

from washington d.c. -- >> they felt fooled and that their suffering was exploited. >> reporter: to confusion in new york city. >> standing in port authority, he asked me, how do i get to portland, oregon. >> reporter: to california, where governor newsom has asked the department of justice to open an investigation into the controversial practice. >> what ron desantis is doing is a disgrace. it's almost monstrous. >> they did get a packet that had the map of martha's vineyard and they're also treated very well with all this. they're treated well with meals and everything. >> reporter: while volunteers and officials in martha's vineyard promptly responded and cared for their unexpected guests, lawyers insisting the immigrants say the stop did nothing but detour already desperate people. >> it is sickenly cruel, throwing obstacles in the way of people fleeing violence and oppression, some of whom walked through ten countries in the

hopes of finding safety >> my heart breaks for them because they were not the first priority. they're in my heart forever. i don't know what else to say. >> reporter: so look, there is no doubt these immigrants were helped out by the people here on martha's vineyard. they even raised money here on the vineyard and across the country to help them out going forward. a substantial amount, almost $200,000 as of today that will help them going forward. but all these migrants we spoke to had legal issues going forward. most if not all of them are claiming asylum because they are fleeing oppression in venezuela, and they've had a very difficult journey so far. sending them to martha's vineyard only complicated that very long journey. don. >> thank you, miguel. appreciate that. i want to bring in now senior

cnn political commentator david axelrod, and charlie dent, a former republican congressman from pennsylvania. good evening. so who do i have? i've got, charlie. okay. we'll get david up. we had a problem with his singinal but we'll get him up. charlie, thanks for joining. it appears these migrants were misled with a promise of jobs all for a political stunt. what is desantis trying to accomplish here? is cruelty the point, is getting his face on conservative media or voice, is that the point? what is it? >> i think that is the point. this is a political stunt. but he's also trying to make a point. there is a real problem at the southern border. i'm not saying so much in florida but certainly in texas and the other border states with mexico. i believe federal agents have apprehended nearly 2 million people this year. >> charlie, can i jump in here. i think you make a very good point. there is is an issue.

no one should deny there's an issue at the southern border. the question is, how do you fix it? is this the right way to fix it? i'm all about -- and i spoke to congressman allred last night. there should be a shared burden. it shouldn't just be the states and places on the southern border who are dealing with this. but what is the right way to fix this rather than making this a political point or ploy or i don't know scheme or scam that they're doing? >> well, what i would do if i were president biden right now i'd convene a meeting with the vice president, bring in the homeland security secretary. i'd bring in the governors from the affected states including ron desantis, bring him to the white house and talk about how we're going to solve this problem together because it's true. the border states don't have the infrastructure to deal with all this. remember just a few months ago in texas we had, you know, i guess a couple thousand or a few

hundred haitian migrants living under a bridge for heavens sake. but by the same token putting people on buses and sending them up into the interior of the country without a plan isn't a solution either. but this does cry out for a real solution. and i served on the homeland security for six years, don. i can tell you i dealt with some of these issues. they need more detention beds, more immigration judges, more access on the legal border. we have to fix this situation. we have to fix the agricultural visa system. congress and the president really need a solution, and they all have to be part of this and have to include these governors. what they're doing sending these migrants out are not helpful. they're trying to make hay out of this politically and maybe they are with the base but it doesn't solve the problem. >> here's what i think is important folks at home should know. charlie's a republican and

brings up a good point talking about sensible solutions to this. rather than a political talking point for the mid-terms or for someone trying to have -- make political gain out of this, which is what we often hear from analysts and -- and, you know, contributors here on cnn, you're talking real issues, real ways to fix it. and i think that's what we should be doing instead of saying this is what's going to make a difference for republicans or democrats come mid-terms. that doesn't serve anyone except for that only serves politics. david, a desantis aide tweet s this photo with the message seven bedrooms with 8 1/2 bathrooms with 6,892 square foot house on 30 acres, plenty of space. look, a lot of the republican politicians who are doing this have lots of money as well and

have property. i don't see what the point is that president obama who has worked really hard and who has now wealth -- the former president donald trump has wealth as well. he's not allowing people to camp out on his golf courses. so i'm not sure what the point is. how much of this is just trolling democrats? >> well, i think the answer is within your question, don. i mean, this -- i totally agree with what charlie just said. charlie's often very sensible, which is why he's sitting with us and not the republican caucus on the hill tonight. but, you know, i think that there's a problem that needs to be solved. that is not what governor desantis is about in snatching up these folks and sending them to martha's vineyard. of course it was a troll, and it plays very well with the republican base. listen, he is auditioning as the

understudy for donald trump in 2024, and he is trying to outdo trump in tactics here, but that doesn't solve the problem. if we can all agree there's a problem, the question is whether you want to help solve it or whether you want to exploit it. and obviously he's trying to exploit it, and the obama thing is catnip for the base. he's doing very well with this stuff. he's doing this constantly. that's all he does is troll and throws -- you know, throws shade at what he thinks -- what the base thinks are liberals. but it doesn't solve it. let me just say one other thing. i would think these were 50 refugees from venezuela from the horrific regime in venezuela. he has a lot of venezuelan americans in his own state. you would think he'd be a little bit more solicitous of people who are fleeing that regime and not use them as a political prop. >> who are claiming asylum,

david, which is the right thing to do, if they come and claim asylum because of what's going on there. but, i mean, listen -- look, if all things were equal perhaps he should be saying -- he should be sending people to trump tower in new york or sending them to mar-a-lago or sending them to bedminster because certainly those places are bigger and have more facilities to be able to house these people than the former president barack obama's home or marketia's vineyard. >> maybe we should just have a serious discussion -- >> that's my whole point. >> about this collapsed asylum system. >> i'm trying to point out the ridiculousness of what he did. charlie, i'll give you the last word. >> on the asylum system, the asylum system is broken, too. many of the migrants coming into this country from central america and venezuela are economic migrants. they're not necessarily legitimate asylum cases, so we do have to fix this.

it's really important because it's being abused. by the way, on the venezuelan question yietd be i'd be very careful if i was desantis. many of them are inclined to support republican candidates, and i think he has to be very careful he's not showing himself to be too insensitive or too inhumane to venezuelans because a lot of venezuelans in south florida are probably sympathetic to many of their brethren who are here and many are republican. so i think there's political peril for governor desantis pushing hard on venezuelans. >> i appreciate your approach to this and pointing out what is real and obvious here instead of trying to make political gain out of it. and david, good to have you. sorry about the technical difficulties but we'll see you soon. have a great weekend. thanks so much. as miguel marquez reported many migrants are saying that they were misled. my next guest says that their

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the martha's vineyard community coming together to help 50 migrants unexpectedly transported there by florida governor ron desantis. along with raising money some like my next guest are setting up and offering their legal services. joining me now is the litigation director of lawyers for civil rights. thank you.

how are you doing? >> i'm well. how are you? >> i'm great. thank you for joining us. so, listen, you are organizing this attorneys locally to help these migrants. we're learning stories about how they were misled about where they were going and the help they would get if they got on these planes and buses. so tell us about what you're hearing. >> well, we at lawyers for civil rights began hearing about the situation within hours of when the planes touched down in martha's vineyard. people recognized that in addition to other needs that these newly arrived immigrants would have there were significant legal issues that were presented. so our team of attorneys were on the ground in martha's vineyard the following morning and have been there since, assessing legal needs, interviewing clients, trying to get to the bottom of exactly what happened, what misrepresentations were made and making sure our clients legal rights are protected. >> okay, so listen, tell me if

this is true, right? and i understand you're hearing about migrants being given falsified addresses on their paperwork with their asylum hearings taking place not in massachusetts but in states across the country. what are the implications of all that? how can they possibly make those hearings? is that true? are they being given false information, and are they in danger of missing their hearings and so on? >> absolutely. that is one of the key things we are prioritizing in our legal triage is making sure that people's legal rights to immigration relief is protected. people were told when they got on the planes in texas don't worry about the immigration hearings you may have in texas because that will be taken care of. and now all of a sudden people are here in massachusetts. many of them have court dates, hearings that are as early as next week, and they're thousands

of miles away. so that is certainly something that our team of attorneys is, you know, working to make sure that people's rights to immigration relief is not prejudiced. >> so then what is -- if this is happening, right, what are the legal consequences for the people who are putting them on these buses or falsifying this information? do they have any exposure? >> well, that's a great question. and we think certainly the answer is yes that there is liability both civilly and criminally. our clients' civil rights were violated. they were fraudulently induced to get on a plane with false representations, false promises made to fly across state lines under false pretenses. and we know that is a violation of their civil rights. we have also asked for both federal and state law enforcement officials to open investigations into criminal laws that may have been broken

because we believe that is the case as well. >> governor ron desantis has vowed to transport more migrants using every penny of taxpayer money the state has allocated for the process. listen to this. >> i'll tell you this, the legislature gave me $12 million. we're going to spend every penny of that to make sure that we're protecting the people of the state of florida. >> listen, besides this being an obvious craven political stunt, does this do anything to stop the migrant crisis at the border? >> of course not. it's as you say a political stunt, and that's all it is. you know, there are conversations to be had about immigration reform, and many folks from all sides of the political spectrum, you know, may say that's a debate that's worth having to provide more path to citizenship, for example. but using human beings as political props is not the way to have that conversation.

we have to recognize the humanity in these issues if we're ever going to get anywhere to solve any of the world's problems. and so using people as tools for some goal is absolutely the wrong way to go about it, and it's never going to get to solutions that may be viable. >> orin, thank you. will you come back and update us, please? we really appreciate what you're you're doing and thank you for appearing. >> thank you. it's called swatting, hoax phone calls meant to spark a big police response. now multiple schools are falling victim to false active shooter reports. is there anything that can be done to stop it? car vendinding machines, and now putting you in control of your financing. at carvana, get personalized terms, browse for cars that fit your budget, then customize your downpayment and monthly payment. and these aren't made up numbers, it's what you'll really pay, right down to the penny. wheather you're shopping or just looking,

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i had experienced being in shelters at a young age. having nothing. prostituting. we don't choose this life. i never knew what safe was until i came to city of refugee. people that's coming through these doors are trying to break the cycle. prop 27 will help provide more funding

for places like this and help people get off the streets. it feels good to have a place to call home. support prop 27. at least three school districts receiving hoax calls

today. in lee county, florida, schools locked down after the sheriff office is notified of a threat to the school district. in hollywood, florida, police responded to a call saying there was a possible threat at a high school there. and in arkansas students were dismissed earlier after receiving a community threat at a local high school. none of these threats turned out to be real, buy. and come after a number of other calls. fbi says they're aware of these swatting incidents and remain unaware of any actual credible threats. joining me now john miller. >> this is disturbing, john. there are three of these hoax phone calls in one day, others happening earlier this week. why is this happening? >> so what you have behind this is you've got people using hacked google phone numbers that don't trace back to the actual

callers. you've got people using voice-over ip numbers. they're using these apps where you sign-up with an e-mail you just sign-up anonymously for that day and got rid of the next day. so using these encrypted platforms and this anonymity it's very hard to get back to who's behind it. but we do know we've got a lot of kids -- and when i say kids i mean teenagers and north of teenagers, people 20s going into their 30s, we have them in foreign countries and here state side, and they're largely gamers. they play the games call of duty or grand theft auto and the loser has to go swat some target, and if they don't they get swatted. there's a case in wichita where one of these swattings happened, one of the players was swatted but he'd given a false address. and when police got there to a report of a father holding his family hostage at gunpoint, the man who lived at the address came outside to see what the

police were doing there and made a sudden move and was shot and killed. that gamer in virginia was sentenced to 20 years for involuntary manslaughter because he caused that death. so this is a real problem. >> you said it's encrypted and tough to figqure out. >> but not impossible. >> how do police go about catching these guys? >> in the nypd working with subpoenas and working with social tags, and i want to be limited on the details because i don't want to tell them where they're leaving the clues, but you can piece it together. people are getting arrested, but if you look at in 2019, 2020 every historically black college and university was hit with active shooter swatting. >> i'm not sure we covered that. >> and that was a plague. if you look at what happened in new york city 2021, 2022 school year, those leads and threats

were up 106%, and it's not a game. it's not funny. and, you know, people do face serious time when they're caught. >> when police are responding to these, they're going out on these active shooter situations and schools and what have you. they're going out in full gear, ready to respond in all of this, ready to engage with the perpetrator if necessary, could be catastrophic as a result. you gave us an incident of one. but they could actually kill someone, and it has happened on a fake call. >> and i mean look at the -- look at the parade of terribles here, which is you're a police officer. they say there's an active shooter in a school. we're all living right now, don, in the shadow of uvalde, texas, and they're thinking i need to get there, i need to be sharp, i need to engage, i have to be looking for that threat. and when they come through the door looking for an active shooter, who are they confronting? they're confronting children,

students, teachers, staffers that are now frightened to death because they don't know what's coming. it's a bad scenario, and it's a trend that's been disturbingly growing because of all the anonymity offered by the tools that you can hide behind. >> in addition to taking lives, which you talked about, but it also takes up resources and time. >> there's a real emergency not being answered when all of your resources are going to that school. and there's something else about, you know, when you're getting these threats and they're all the same and they're going to multiple locations about, you know, they're evacuating buildings, and they're evacuating buildings for threats that they already know are false. we've talked a lot about kind of retooling the procedures, which is if it's an obviously false threat, deny the objective. why give them what they're looking for, which is to cause disturbance and fear? >> so then what do you do? what do you say to those folks

because they think, well, i'm anonymous, i'm never going to be caught. >> that's not necessarily true. that guy from wichita is doing 20 years and his friends pled guilty as well. >> thank you, sir. so english football legend -- soccer -- david beckham, by the way, he's paying respects to the queen elizabeth and did it after waiting more than 13 hours in line with the rest of the public. we'll tell you about it next. discover is accepted at 99% of places in the u.s. ["only wanna be with you" by hootie & the blowfish]

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people in london still waiting hours for their chance to pay respects to the queen including david beckham. he spent more than 13 hours in line just like everyone else. here is what the english football legend told itv earlier today. >> i thought by coming at 2:00 a.m., it was going to be a little bit quieter. i was wrong. everybody wants to be here to be part of this experience and celebrate what her majesty has done for us. >> so with just two days left before her state funeral, the estimated wait time to see the queen is at least 25 hours right now. i hope you'll join me, anderson cooper, erin burnett monday 5:00 a.m. eastern as the u.k. and the world remember the queen. we'll be right back.

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this just into cnn. tonight the doj asking an appeals court to put on hold a third party review from the fbi search of mar-a-lago and asking for the 11th circuit to take action as soon as practicable going on to ask the court to allow its criminal investigators to review the materials marked as classified and exclude those documents from the special master review of the search. here to discuss cnn's justice correspondent jessica schneider, legal analyst elie honing, and philip mudd. good evening to both of you. jessica, i'll start with the doj, the justice department vowing an appeal asking the appeal's court to intervene in

this mar-a-lago classified document fight. so what do you know? >> yeah, so there really seems to be strategic about this. they're asking the 11th circuit to step in immediately and do two things. first, they want the court to clear the way so prosecutors can resume using classified documents that they recovered from mar-a-lago as part of the criminal probe. the lower court judge halted that and said you can't use those classified documents and doj is also saying trump's legal team and the newly appointed special master should not have access at all to those documents. they said although the government believes the district court fundamentally erred in appointing a special master restricting the government's view of use of classified records bearing classification markings, and, two, requiring the government to disclose those

records for a special master review process. so don, this is a limited appeal and it's possible that with this limited appeal, that the 11th circuit might act quickly here. >> jessica, the doj seemed to have a message for the district judge eileen cannon. what did it say? >> right, it was interesting. in the last part of this appeal here doj seemed to really take a shot at the lower court judge here and they said she was plainly wrong even stepping into this dispute when it comes to classified documents. and they said they're clearly the government's property. the former president has no claim to it. they wrote it this way plaintiff has identified no recognizable harm for allowing investigators to continue and review this same subset of seized material, records. that is why courts have exercised great caution before interfering in civil actions in criminal investigations or cases here. they're really implying this judge eileen canon, she's a trump appointee, they're

implying she shouldn't have stepped in on this issue of classified documents. and the fact she's restricted doj from even using them as they continue on in their investigation. >> elie, our legal mind here, does it say something to you the justice department is only asking an appeals court to put on hold parts of judge canon's order, not the whole thing? >> it does, don. this is as jessica said a limited appeal. it's also a strategic appeal. just for perspective here, we remember doj seized 11,000 documents out of mar-a-lago. they don't like the special master ruling as to any of it. they lost all 11,000 documents. what they're doing here is saying, okay, let's carve out the most important to us, doj, 100 of those documents. they've essentially given up on there being a special master for the other 10,900 documents. they said with respect to the classified documents those should not go to the special master. we should be able to use them in our criminal investigation as well as our national securit