intentional. i was glad he said, it actually. melissa murray, we can talk royals anytime. anything you want to talk about. come on. it's always great to have. you >> thank. you >> that's all in for this week. alex wagner tonight starts right now. good evening, alex. >> i will say is the daughter -- raised in a british colony, and went to british schools and was not allowed to use her burmese name in those schools, but was assigned a british name to go to school -- it is all very complicated. >> wow, i didn't know that about your mom. >> well, let's have coffee. thanks, chris. and have a great weekend. thank you all for being here. happy friday. before donald trump took the justice department to federal court in florida last month. before he landed the case with the judge he appointed in 2020, he did not get so lucky on his first go around. remember, back in 2018 we learned the trump told his white house counsel that he

wanted to order the doj to prosecute his enemies. hillary clinton and james comey. that of course failed fantastically what his white house counsel refused the request. so, once out of office trump took matters in his own hand. in march, trump sued hillary clinton, the democratic national committee, james comey and a whole host of other characters. accusing them of being part of a conspiracy against him. in what he refers to as the trump russia conspiracy. this is all circa 2016. all of these people, according to, trump made up evidence against him in an attempt to deny him to russia -- hillary clinton and her, quo cohorts, orchestrated in unthinkable plot. trump sought $24 million in damages. that's not an insignificant amount of money. and he chose to file that lawsuit roughly 70 miles from his palm beach home, because the judge presiding in that jurisdiction just so happen to be his appointee.

that judge whom we all come to know very well over the past few weeks, of course, is judge aileen cannon. well, that scheme did not work. and instead, trump's suit was assigned to a clinton appointee, -- donald middlebrook's. today, judge middlebrook throughout trump's conspiracy lawsuit and he did not hold back in his ruling. here's a full 65-page takedown of donald trump's absolutely bonkers lawsuit. in his ruling, the judge says the problem with trump's lawsuit is he is quote, not attempting to seek redress for any legal harm. instead, he's seeking to flaunt a 200-page political manifesto outlying his grievances against those who have opposed him, and this court is not the appropriate for him. in other words, not here, mr. trump. take those complaints somewhere else. judge middlebrook's called trump's characterization of events implausible because they lack any specific allegations

which might provide factual support for the conclusions reached. and that what trump's argument lacks quote, in substance, and legal support, it seeks to substitute with length, hyperbole, and the settling of scores and grievances. trump's team said they will appeal this ruling. apart from all the embarrassment of this, trump's legal team might actually face some consequences here. judging middlebrook seems open to imposing sanctions on trump's attorneys for filing that lawsuit in the first place. it turns out you can't just willie nearly settle scores and grievances in the court of law. but in that same federal district, a southern district of florida, which is apparently a very busy place, in trump's other lawsuit, this -- the doj and the seizure of government documents from his beach club. well, over there, judge aileen cannon seems way more willing to entertain the grievances of the former president. with less than two years on the bench, judge cannon is presiding over arguably one of

the most monumental and frankly consequential trials of our time. trump, as we all know well, got a ruling in his favor this week for a special master to review the seized documents at mar-a-lago. and he has expressed his great happiness at this outcome, and with judge can. in writing on his social media website, quote remember,, it takes courage and guts to fight a totally corrupt department of quote, justice, and the fbi. you can see why donald trump likes to file lawsuits in judge cannons district. the doj, meanwhile, in an attempt to continue their work on the criminal investigation and intelligence review of those classified documents, the justice department basically said to judge cannon last night, hey, we are going to appeal your ruling. but in the meantime, can you at least now back one part of it and exempt those 100 or so classified documents from the special master review? everything else can go ahead. but let the fbi continue its work by examining the classified documents. which are but a small sliver of the overall 11,000 records we

seized from trump's beach club. we have important national security and criminal investigative work to do here. so let us, judge cannon, at least review those classified documents. judge cannon responded late last night by throwing the ball to donald trump. she told team trump to tell her how they feel about the doj's request by monday. well, we know how he feels. he filed a lawsuit in the first place asking for all of the seized records to be reviewed by a special master. i mean, the justice department even wrote in the filing yesterday the team trump oppose this motion. but unlike judge middle brooks in the clinton lawsuit, judge cannon is giving trump a chance to and that exactly sure, perhaps re-air his grievances and buy more time. you can see why donald trump likes to file lawsuits in judge cannons district. the justice department has asked judge can into rule on their request by next thursday. in the meantime, we are waiting for a joint filing that's due

today from the justice department trump's team. concerning that special master. judge cannon at the two sides to put a list of who they think would be a good fit for the job and to outline the parameters and scope of the special master review. it seems very, very, very unlikely that the two sides will agree on someone. but, hey, anything could happen. we could get that filing literally any moment now. it is due by midnight tonight. joining us now is john fisher, wick former u.s. attorney for the western district of virginia. thank you for being here tonight. >> thank you so much for having me on your show. >> as we wait for a special master, the list of special masters, it seems implausible of these two sides are going to come to any kind of agreement. but i do want to -- their people pitching themselves to be the special master. a retired businessman with an amateur interest in the history of politics and law right to judge cannon, i read a lot of --

in which i saw in the online edition of the new york times is that you are leaning towards the apportion -- to review that from mar-a-lago. i'm not sure with the job specifications are, but i would like to offer my services for this task. i'm only retired businessmen, with an amateur's interest in the history politics and, law but i promise i would perform attached to the best of my ability. is this where we're gonna ultimately sit and up? how are we gonna get the special master? >> great question, alex. i don't think we're gonna end up with that applicant. but this is america so we can apply. it's going to be a challenging job we're gonna have to find the right person. i think you're exactly. right i don't think the two sides are gonna agree on who the special master's. it's going to be presumably some sort of retired judge who has special clearances to look at top secret documents. the only thing i'd say about the special master's, i'm not sure it's going to be so bad for doj. i think there's opportunity there. the special master is going to have to follow current law. and current law says that dumb

trump can't block as the former president, block folks from looking at documents. so it may not be so bad with the special master. but this is going to be a mosh pit, a struggle between trump's lawyers and doj to agree on things. i expect will be minor agreements but nothing of cigarettes -- significance will be agreed on. obviously very surprise that they agree on someone to be the special master. but if some person at some point happens to be on both lists, that person is the winner. >> i can't imagine who that person would be. but just to clarify your point, you are not worried about the scope of the special master's review. because you think ultimately the 11th circuit, if it gets there, will grant the justice department's request to basically free up these 100 classified documents? basically free up these >> i jus gonna be able to prove the privilege stuff. you know, the rubber is gonna hit the road. i don't think he's going to be able to say, hey, look, someone gave me advice about this document and nobody could ever look at this document again

because i was president once before. i just don't think he's going to be able to maintain that privilege. and also he and the folks in his orbit are gonna have to answer questions about the documents. they can't just do anything abstract. -- if you're not honest about those documents, the repercussions -- i think when you have these discussions in the esoteric, maybe doesn't look so good for doj. but when you get down to the specifics, i think, ultimately, almost all of the documents are gonna be available for the criminal investigation. it's gonna be a port that happens quickly. and obviously, with the special master it will be slower. but i still think is going to be a good result for doj. >> you mention the word quickly. that's an important adverb. time is of the essence. we know that at least one of the documents found appears to be the nuclear secrets of a foreign government. we're not sure what else is in that -- stack of classified documents. what we do know is the intelligence community's

assessment is on pause while all of the special master stuff is worked out. how much does that concern you? especially if you think we're going forward on this path of a special master? >> it concerns. me but i think more importantly, it concerns the american people. the fbi needs to look at these classified documents. but more importantly, there could be a number of missing classified documents. and where are those? former president trump has numerous residences. and so if there are missing classified documents, and we don't know that yet. but there could be. because they have not been shooting street with doj about the documents and where they are. that's a real issue for the fbi. they need to run those, down they need to find those missing documents. a delay prevents. that i think that's a real concern. not just to me, but to the american public. >> yeah, and in the filing, doj specifically talks about the empty folders. there are 40 fuller that were more classified. documents or the contents were not in their.

and they specifically point out the fact they can't chase down the whereabouts of those documents because of the red tape with the special master. that sounds like a concern to ensure concern all americans. >> absolutely. that's a very serious violation. everybody knows documents like that have got to be handled in a pristine way. everyone where i work in the, government those things are very christine. yet to be very, very careful. and not take those things home, obviously. if there are other missing documents which it looks like, unfortunately, there's a good chance of that. where are? there and what are those documents saying? and ultimately that becomes the crunch of the case, the important part of the case. i think it's in the country's best interest the doj's best interest, to move forward. let's get answers to that. i think the trump team is gonna want to start. that they don't want that answer to come out. so they're going to want to slow down the special master process. >> okay, so, you're saying that represented me the road. where does it meet the road? is it with judge cannon? is she eventually going to

grant the justice department desires in terms of the special master? is she gonna defer to team trump? thus far, it feels like she has granted the wishes of team trump more disproportionately than the department of justice. especially in her initial ruling. do you think she eventually, i'm not gonna see caves, but do you think she eventually sees the light, as it were next week? or do you think it works its way up to the 11th circuit? where i will point out six of the ten judges are trump appointees. >> i actually have more concerned about the appeals process. and ultimately, the united states supreme court. they have shown they have a willingness to change is the sting law. there's not much law and executive privilege. but it's pretty clear right now that former president doesn't have a say-so on privileges. it's decided by the current president, the current government official. i have real concerns of the united states supreme court is anxious to step into the -- of law. i'm more concerned about them. and the 11th circuit, as you pointed out, there are a number of trump appointees there. i'm more concerned about them.

i think maybe the best place to be is with a special master. we all know who that person's going to be. -- that person's gonna have to be really neutral and have to follow current laws. i think that maybe a better place to be. and you can build a record with that special master that makes it harder for the supreme court, who i think is -- makes it hard for them to jump. and i think you have to be very careful about that throughout the whole process. >> i don't think we're gonna end up with the retired businessman. because who else is going to be agreed upon? i just want to get your thoughts on the sort of implications of all of this in the biggest picture possible. and that is the notion of what is happening to the judiciary. i would like to call your attention to opinion piece in politico this morning. which states cannons order is troubling. not just an isolation, as a deeply flawed decision on a specific merit. it should also worry because it seems to affirm, and hence accentuate, a larger narrative of fracturing judicial

independence. whether one ultimately believes that the federal courts are increasingly partisan, or whether one's focus narrowly on public confidence in the courts as part of our democracy, the trend line is clear, it sloping downward toward a real crisis of the federal judiciary, with decisions like cannons nudging us along incrementally. does that worry? >> it does worry, me alex. there's no question. but i tend to look at things sometimes a glass has full -- i think the opportunity for merrick garland in this investigation is trump's got home ice. here he has a judge he appointed. but what -- if a criminal tried came from that. it's a very sphere setting for president trump -- special master, a judge he appointed, and would've out of that, setting a criminal charge came. then i think the american public would have confidence in it. i get your point, i think there is a lack of confidence in a lot of institutions in our country. sadly, in my field is a lack of confidence. and that's unfortunate.

but i think is real meat on the bond with mar-a-lago investigation. the justice department is being transparent with. i think there's an opportunity for people to get confidence in our system. and i hope that will happen. >> i like the glass half full vision of our. this john fishwick former u.s. attorney for the western district of virginia. we may be coming back to you later in this hour if we get that filing about the special master. >> that would be great. >> okay, there is much more to come this friday night. chief king charles addresses subject for the first time today. and not just those in the uk. but those in the many commonwealth countries where he is also the king. that relationship is making a lot of people uneasy, it might be about the change. plus, new details tonight about how involved ginni thomas, the wife of supreme court clarence thomas, how involved she was in the fight to overturn roe v. wade. stay with us. stay with us stay with us for people living with h-i-v, keep being you.

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new york times today. minutes after the new king of the united kingdom gave his first address the nation and the commonwealth. charles vows to carry on elizabeth's legacy. king charles the third, put it this way.

>> in 1947, on her 21st birthday, she pledged in a broadcast from cape town to the commonwealth to devote her life, whether it be short or long, to the service of her people. that was more than a promise. it was a profound, personal commitment which defined her whole life. as the queen herself did with such an swerving devotion, eye to now a solemnly pledged myself throughout the remaining time guard grants me to uphold the constitutional principles that -- at the heart of our nation. and whatever -- in the united kingdom or in the realms and territories across the world and whatever maybe you're or beliefs, i shout

endeavor to serve you with loyalty, respect and love. as i have throughout my life. >> today's speech kept the first day of mourning after queen elizabeth died peacefully yesterday at the age of 96, ending a record breaking 70-year reign. though he became sovereign the minute the queen passed away, charles would be officially proclaimed king tomorrow. the ceremony held at st. james palace just miles from buckingham palace, will be televised for the very first time in history. that will be a visual embodiment of the new era of king charles the third. a new era in which he has promised to uphold his mother's legacy. that task may prove more difficult and less clearly defined some might think. king charles is now the sovereign and leader of the commonwealth a group of more than 50 independent countries. most of which were formally colonized by britain. 14 of those countries continue to recognize the british

monarch as their head of state. dozens of others do not. as the leader visiting each of the countries within the commonwealth is a tradition kinshasa as he planned to continue, but there are questions about how many commonwealth countries might drop the british monarch as their head of state now that queen elizabeth has died and charles is in charge. barbados declared itself independent and remove demonic as its head of state just last year, almost 400 years after the first british ship reached its shores and invested in plantation slavery on the island. then, prince charles was there representing the crown during the celebration, alongside rihanna, who was declared a national hero of the caribbean republic during the festivities. already, we're seeing headlines asking if canada, for example should sever ties with the british crown. the same calls are happening in australia. and in june, jamaica began the process of becoming an independent republic. the country is expecting to make it official, removing charles it's had a state before its next general election in

2025. king charles wants to continue his mother's legacy within the commonwealth. but how much that commonwealth will itself change, with more and more countries are aiming to break away from the colonial past, that's something we're going to talk about. now, with rowley -- social and political commentator born in london. lola, thank you for leaving london incoming to talk with me this evening. so, how meaningful is it for brits when these commonwealth countries breakaway? when they say, no longer are we going to have your monarch as our head of state. does that have an effect? >> i don't know if it has an effect on brits within great britain. but, clearly, it does have an effect on people who are outside, you know. and also, i think symbolically has an effect on say, people like, me whose parents come from other places. and are born a raised in the uk are of lived in the ukraine for a long time. in terms of that reclamation. and moving into the future.

>> do you feel like there is -- that it's a powerful movement these days in england? this sort of notion that britain needs to make amends with colonial past? i'll draw everyone's attention to the op-ed in the new york times which addresses that very question. in recent years public pressure has been building on the british state institutions to acknowledge and make amends for the legacies of empire, slavery and colonial violence. in 2013, in response to a lawsuit brought by victims of torture in colonial kenya, the british government agreed to pay nearly 20 million pounds in damages to survivors. another pale was made in 2019 to survivors and cypress. efforts are underway to reform school curriculums, to remove public monuments that glorify empire and alter the presentation of historic sites linked to imperialism. in the u.s., our analog of slavery. right? the confederate monuments, that has created in turn a very fraught -- and turned into the a political firefight. figurative, not literally. and i wonder if you think

charles is the person to manage this in the way that he must as the head of the state. >> i think the conversation about, you know, addressing wrongs from the past and the colonial legacy and the legacy of slavery in the uk has been gaining traction for a long time. and yes, there've been monuments pulled down, d colonizing the curriculum in some cases and so on and so forth. i do think there's sort of a bit of a general resistance to the history. to the truth. i think is slightly different here. i think here even when people don't like the topic, they can still, you know, -- >> they can acknowledge it happen. >> exactly. but i think the general story of the history of the empire has been very, very whitewashed. and people -- there are a lot of people who think the empire which is a great thing about c. [laughs] so in terms of traumas moving forward, i think he's gonna be met with people, you know, in civil society that are going to be saying, hey, you need to get the conversation going.

you need to do something. you need to say something about this. if, not we're going to continue anyway. >> the fact of the matter is,, the historian we spoke to yesterday evening mention, this the commonwealth's come home to england. g one in seven people's from parents outside of england who may have been part of the colonies. or part of the colonial realm. and that is fundamentally changing the nature of the conversation. isn't it? >> the chickens always come home to roost. and ultimately if you go to places in the end of being destabilized, people removed. economic migration and education -- they ended up back in the homeland, essentially. >> and you are. british -- as much as king charles is -- >> i'm also one that has left. so that also story. >> that is a story, right? expats an expensive color that

are no longer in the uk. there are questions, and i say this is the daughter of someone who was raised in a former british colony, there are those places, india, for example, where the death of the queen -- has been greeted with a sort of mix of sadness and, i would say, questioning, if not outright indignation. i don't think a lot of people know this, but hours before queen elizabeth died -- the pm in india renamed kingsway, which was named after king george the fifth, elizabeth's grandfather, they named aimed it cartography a path. the most literal example of the way india is reclaiming its history from the brits. the prime minister said -- the kings way was for the british for whom the people of india with slaves. it was a symbol of colonialism now it's architecture has changed and its spirit has also

changed. that is an awkward juxtaposition, and then hours later, the passing of the queen. india is expecting to offer some sort of condolences of some kind. and yet you know, they are not wrong. how do you think brits look upon that kind of pushback? >> i do think some are resistant to. it but there are two things. there's one, the institution of the queen. probably the most famous woman in the world. one of the most powerful brands in the world. she has power as a head of state. but she also had a lot of soft power. and there was a reason why, i think, some of the commonwealth countries have stayed within the commonwealth. because of that. on the other, hand or the institution of the monarchy. which is always problematic to people who care to sort of be critical about it. and if you know anything about colonialism or view experienced it, of course you would be critical of it. the british empire was not a

good thing for anybody who wasn't british. so -- >> white male british especially. >> the time in place -- when you look at uk on the map, you can see it. how did it become a place that was responsible for what hundreds of millions of people around the world? without violence? without oppression? without tyranny? i mean, seriously, it doesn't even make sense. there's a whole story about that that people want to tell now. and maybe thought they couldn't say before. >> before under elisabeth, who was in many ways stitching it altogether. it is going to be very interesting -- in britain and the uk and the british identity. lola adesioye, social and political writer and commentator. thank you for your time tonight in offering some insight on our friends across the pond. believe it or, not we have good news to report on the fight for abortion rights across this country. but of course, because this is america, we also have insane new revelations about just how connected one supreme court justice's wife was two groups

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the choice between prop 26 and 27? let's get real. prop, 26 means no money to fix homelessness, no enforcement oversight and no support for disadvantaged tribes. yikes! prop 27 generates hundreds of millions towards priorities like new housing units in all 58 counties. 27 supports non-gaming tribes and includes strict audits that ensure funds go directly to people off the streets and into mastriano spoke to 150 there's only one choice. yes on 27. supporters inside grace life church -- but entered and left by doors where he could avoid the news media who were waiting. at an event at the one implant

hotel, earlier, we were told no media allowed. and they closed the doors. we tried at this outdoor event as well. >> the process is they outside of the ropes. >> we have to stay on that side of the line? will there be an opportunity speak with him? >> he's going to make that decision. i'm not sure. >> doug maggiano. the republican candidate for governor in the state of pennsylvania is going out of his way to avoid press coverage as his events. it has not gone unnoticed by the local press in the state of pennsylvania. here's the headline today from the philly enquirer. quote, doug mastriano security bubble insulates him from prying eyes and dissenting views. at an event on wednesday in the pittsburgh area, journalists were warned to keep the distance and, not to engage with doug already. his wife. campaign staff and mastriano supporters at one point physically blocked the press. according to the enquirer, musher on his campaign sought to block local news coverage of

events, even when they had invited the press. and it's not just local news. even conservative media outlets are having trouble getting access to governor -- not, governor would be governor mariano. a reporter for the conservative website the washington examiner complained an article this week, mastriano refused to talk to the press. i tried numerous times and was told publicly at an event two weeks ago in pittsburgh by his campaign strategist that because i had not written anything nice about him, i would not be granted an interview until i wrote something that was. that is not how journalism works. >> indeed it is not. axios's jonathan swan noted, mastriano rarely appears even on fox news. when mastriano does do interviews, it's almost entirely with far-right personalities like steve bannon. there is a reason dug much rihanna is avoiding all but the fringes of media. it's because even by post insurrection 2022 standards, doug mastriano told some of the friendliest believes of any candidate out there.

he has strong ties to the christian nationalists movement of far-right ideology with racist and xenophobic routes. one mistake to turn america into an exclusively christian nation. it seems political battles at as religious wars with christian conservatives fighting against the tide of evil doers. which is all relevant framing for the way in which drug montreal sees january 6th. he was at the capitol that day and the january six committee is actively seeking testimony from mastriano. just, today rolling stone unearth a video of mastriano meeting on a zoom call hosted by far-right christian nationalists in the days before january 6th. where he said, i pray that we will seize the power. i pray for the leaders also and the federal government, god, on the 6th of january that they will rise up with boldness. it's before january 6th. and unlike other republicans running in two swing states, mastriano has not moderator his extreme views ahead of the general election.

what other candidates have start removing -- from their websites. he's expanded his section on his website that is dedicated to so-called election integrity. despite his fringe views and campaigns press cap -- crackdown, recent polls show him within six points of his democratic opponent. even though he was trailing by double digits just a few weeks ago. so how worried should democrats be right now? joining us now is pennsylvania state representative michael kenyatta -- their first target is mastriano. mr. kenyatta, malcolm, thank you for being. here >> excited to do. so >> what is happening in the eastern state? what is -- how is doug mastriano, who is not talking to, i want to say mainstream media. he's not talking to media, basically. his views are far, far, far right. and, yet that message seems to be resonating within certain

circles of the pennsylvania electorate. what does that tell you about your state? >> i think it's important for us to start by talking about the fact that i think this is exposed a real feature, -- of the republican party. the republican party was never the party of freedom. we need to be very clear. it's not just dug mastriano, every candidate running for the state house and state senate on the republican side, they support this guy. but a part of why, again, this moment shows us is that when you see somebody like doug and he talks about freedom, it is not freedom for me to be oppressed. if your version of free speech means that nobody can question your views or take you on for your lies, that's not free speech. if you're only reason for running for higher offices to force people to fall in line with the tenants of your cult that is not freedom.

and i recognize as i sit here, i'm standing on the shoulders of giants like sylvia rivera, as marsha p. johnson, -- mohammed kenyatta, real giants, who stood up. who fought and in some cases actually bled to expand opportunity in this country. doug mastriano raw desantis, they are small, little men who stand on the side of losers. losers like the confederate soldiers who dug mastriano parades around. and in two months, i believe we are going to beat him. we are going to send him to florida, i hope trump has the room in mar-a-lago you can rent out. or ron will find him in apartment. >> well, okay, and i understand you are state representative. a strong and proud democrat. but -- you know help me understand how someone with these extreme views, which you've -- are in strong opposition to, you are saying that the rest of the state reps are on board with this. that republicans in the state seem on board with this. i mean, this guy's within 36

months of becoming the next governor of the state. what has happened to the republican party in the state of pennsylvania? and does it matter that nobody is asking him tough questions? does it matter that he's proposing a vision that is, like holy at odds with the free and liberal society? >> i think apart it shows is -- they're gonna shred folks who talked about how dangerous who was, who talked about how much of a disaster he would be. and as soon as he won the primaries, just like little, ducks they got in line behind their guy. does this remind of someone? donald trump. this guy was just with a couple of days ago, in wilkes-barre. pennsylvania's pennsylvania. we are a microcosm of this country. we are always a political center of the universe. and i think the tightness that you see is the fact that we are state that in so many ways it's closely divided. but i can tell, you pennsylvania is not defined by the dark, twisted, uttering's

of a coward like doug mastriano. we are defined by people who have always took pride in the fact that american democracy was born in the commonwealth. people who recognize it is our responsibility to defend it. and so, to me, the story is not that there are multiple people who would support this guy. we know there are millions of americans who support donald trump. i think the real story is that donald trump was rejected. he was rejected when republicans went up for the midterms during his presidency. he was rejected no matter what lies he screamed from the rooftop when he ran for reelection. doug mastriano is going to be rejected. and i think a part of what we have to do is to beat this type of sick, twisted, bigoted republican party. wistedand that's what agenda pas all about. >> you pick doug mastriano as your first target, if you will. who are you aiming to convince when you do that?

>> a part of what we have to do is not -- see the ground on the conversations about queer folks in this country. for so long people like ron desantis and other french characters have been the only voice in this space -- -- lgbtq candidates. a part of the hole that we saw that the agenda pack is gonna fill,, it is being the folks that take them on every single day. when we look around the country, we're gonna be looking nationwide, there's no way you don't look at doug mastriano. this is someone who said game marriage should not be legal. this is someone who -- there's no therapeutic nature to that practice. he's someone who's made it clear, over and over again he wants to use trans kids as footballs. i believe and we believe at agenda pack, we believe most

people do not believe what doug mastriano believes. and what we need to do is have another voice in that space and in that fight telling the truth about who he is and helping people understand that these people who are doing everything they can to take away freedoms, they are not going to have the final say and so we were shocked at all. we are so many people flooding to agenda pac -- people tripping and what they can. we are going to be beautiful bigots all across this country. i've said before, i said it to your colleague -- if you are a big, a running for office anywhere in this country, we see you and we are going to beat you. >> okay. and that is quite an alliteration, and quite a message, malcolm kenyatta, it's great to see you. thank you for your time. >> congratulations on the show. >> thank you. we'll be following everything that's happening in the state of pennsylvania, as we always are, in the coming weeks.

representative kenyatta, thanks for coming up to new york, and thank you for joining us tonight. okay, now, we just got a new filing from the doj and trump's attorneys regarding that special master. we'll have details on all of that, coming up right after this break. ♪ ♪ ♪ ♪ ♪ when you can't sleep... try zzzquil pure zzz's gummies. they help you fall asleep naturally with an optimal dose of melatonin. and a complementary botanical blend. so you can wake up refreshed. for better sleep, like never before.

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news tonight in donald trump's fight to appoint that special master to sort through the

11,000 seized records from his florida beach club. over 11,000 records that include top secret and classified documents and empty folders. moments ago, the justice department and team trump jointly filed armored motion concerning that special master. judge aileen cannon asked that decides to come together to suggest a list of people to potentially be that special master. and to no one's surprise, the two sides do not agree. this literally just in, hot off the presses. the justice department puts forth to former federal judges, the honor of barbara as jones, and thomas griffith. interestingly enough, they were both appointed by republican presidents, and barbara jones was a special master in the michael cohen and rudy giuliani investigation. meanwhile, team trump has put forth the honor raymond thierry and paul hawk jr.. a reminder, the final decision, if there is a special master, and that is a gigantic if here, because the doj is in the midst of fighting a special master

ruling. but if there is one appointed, the buck stops with judge cannon. that is to say, if they don't agree, she gets the final word. joining us once again is john fish wake, former u.s. attorney from the western district of new york. mr., it happened in this hour, let's talk about these candidates that we have on the list here from the government's proposed candidates, the honorable barbara s jones, the honorable thomas b. griffith, both appointed by republican presidents. how do you read that? >> that goes back to my last half full. i think it's impressive the doj would put up folks have been appointed by the other party. i think that will help restore confidence in the system. and i think, you know, that sends a strong message that they're confident in the position, and they want to have somebody from the other party, originally appointed by the other party. so, i think that's impressive. >> and what if the plaintiffs proposed candidates, the honorable raymond jay dairy, former chief judge for the eastern district serves on the

fisa court. and founder of the hawk law for firm, i think this is relevant. former general counsel to the government, former deputy attorney general for the state of florida. is that a desantis person? >> i don't know, but i think that person will be hard to be selected. and i would be surprised if the judge would select that person. i think it's gonna be a retired judge, he's gonna get the nod for this job. >> what do you think -- okay, they're also listed, areas of substantive agreement between the parties. and i'm not gonna lie, that is a very short section. apparently, the parties agree on reducing the default 21-day rebuke area to ten days i. that seems like, you know, not nothing, but not exactly a gigantic mutually agreed upon concession. do you read that as significant? >> not really. >> okay, and then, there is several pages of substantive

disagreement between each parties proposed order. it just -- it appears this scope of this is gonna be largely contested does it not? this is gonna continue to go on. >> absolutely. i mean, the doj is gonna move this probably. they're gonna win and make sure that they challenge all the privileged grains the trump team makes a. and trump's team is gonna be raising privilege, trying to prevent the documents from being used in the investigation. and i think they want to create a record for the supreme court. i think the part is gonna be a lockdown on this pretty hard. at the end of the day, i think there may be opportunity here, and i am encouraged that doj put up to judges who have some republican that agree in their background. i think that's great. and i think that sends a strong and confident message about this process. >> i will also note that it says explicitly, in this, the plaintiff that would be team trump, believes the governments objection to the special master reviewing documents they deemed classified is misplaced.

that is meaningful. that is the whole of the departments filing earlier this week, just let us take hold of these 100 or so classified documents. they are critical to our national security review. we need to be able to work in tandem with the international, intelligence communities assessment. let us have that access to these 100 documents. it seems as if team trump is not on board with that, which is no surprise. but the buck, as we said, stops with judge cannon here. so, what happens next mr. fishwick, who has the next -- who has the next play on this chessboard? and what is your expectation for judge cannon? >> i think it's unlikely they agree on somebody. but i think she'll -- i think the judge will be a little bit boxed. i think trump's team made a mistake not putting up to judges. i think it's gonna be a retired judge for there to be confidence in this. which means that the government's gonna do a free chance, and trump's team gonna

want a free chance. and she may have to break the tie. trump team may realize that, and negotiate a little bit. but i agree, i think the, they said they have to confer. i'd be surprised if they agree on somebody. and she's gonna be, there's gonna be a little pressure on her. i think to pick one of the two that doj has put up because they have republican background. >> well i will say, one last piece before we go, the plaintiffs contents a full review of all seized documents, remains an important part of a special master's duty. they want a whole review of 11,000 documents. this could take an extraordinary long time. we will see, the fight is not over. john fishwick, former u.s. attorney for the western district of virginia. thank you for hanging with me this evening and thanks for your expertise. we'll be right back. l be right back. ast. my husband, sam, we've been married 53 years. we love to walk on the beach. i have two daughters and then two granddaughters. i noticed that memories were not there

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rachel will be her on monday, and i will see you again on tuesday. a special edition of the 11th hour with stephanie ruhle starts right now. ♪ ♪ ♪ starts right now >> tonight, just in, the trump team and the doj just filed