right now on "andrea mitchell reports" an appeals court has flattery rejected former president donald trump's claim to look at documents seized at mar-a-lago, and also to continue the damage claims. and also, this hour, top official john kirby is going to join me to see how serious the u.s. should take putin's nuclear weapon threats. and also, on the front line,

two women ukrainian soldiers who are on the front line at the combat zone. good day. i'm andrea mitchell in new york. a major win for the justice department last night after a appeals court ruled that president trump has no claim to the documents seized at mar-a-lago. two trump appointed judges and one obama appointee said that he had no claim to those documents clearing way for the investigation into the former president. trump on fox last night seemed that somehow he could magically declassify a document by thinking about it. >> as i understand it, it doesn't have to be, if you are the president of the united states, you can declassify by saying that it is declassified even by thinking about it. it does not have to be a

process, and there can be a process and there doesn't have to be, but when you send it, it is declassified, and so i declassified everything. >> all of this after another stunning legal blow to former president, and another $250 million lawsuit brought against him and his three adult children by the new york attorney general to prevent them to work in new york state. and joining me is vaughan hillyard and barbara mcclain and so vaughan, curious interview with hannity last night. >> yes, on hannity last night on fox, and he pushed back against the letitia james investigation last night, but as it comes to the declassified documents as

part of the documents as the 7th court of appeals ruled that the doj investigators could continue to comb through the more than 100 documents determined to be classified, that is putting in here, putting him in a corner, and he is saying that he declassified within his own mind those documents that is a fact that is in a fact and concept that is going beyond the issue at play, and that is that under the statute that the department of justice is using to justify the seizure on august 8th that there is potentially national defense material and not classified, but national defense material of donald trump records that belonged to the government that he did not have the rights to be in the possession of, and now after the 11th circuit's ruling, the department of justice can work with the office of national intelligence to determine to what extent was

national security damaged if in fact the information from any of the dock dwrumts were to have gotten into the hands of somebody who did not have the rights or the clearance to be in possession of them. there are a lot of layers here in the time lines of all to investigations are going to be the next question. if you are looking at the trump organization, they are looking to the state judge here in new york to take up the trial here in this case, and we are told by the a.g.'s office in the conversation last night that it is to be an expedited case, and letitia james said it is to be referred to a state's office and they are going to be working with d.a. brag's office in to what criminal charges could be filed. >> there is a lot of controversy with that d.a. and at least two prosecutors quitting in protest

that he has not taken up any of this before now. vaughan, thank you so much, and get in out of that rain on a nasty day there in new york city. and ken delaney, a three-judge panel and complete rejection of the most controversial aspects of the florida judge's decision that set up this whole controversy. >> about as total repudiation of a district judge's ruling as i have seen in a while. two of them appointed by president trump and took apart the aileen cannon's ruling piece by piece, and found that the justice department had not violated his 4th amendment rights and had not shown a callous disregard and she had not abused the discretion on the documents, but not just there, and we will go through the rest of the reasoning and point by

point, and took it apart, and for me who has covered the intelligence reasoning, they made a real point here in the appeals court ruling saying that we, the judicial branch, defer to the executive branch, and then when they come in to sign a sworn affidavit saying that national security is at risk, and we need these documents to do the damage assessment, the judges deferred here and that is what they did here, and found that the public interest is at issue here, and they found that the fbi continuing to have access to the documents to the investigation, and so they have granted a stay to the department here, and the judge cannon has amended the order saying that the special master will not be reviewing the classified documents but the other 100,000 documents, but now, as far as these documents, the doj can use

them in their case, and they will still be stored in a special classification, but there is no evidence of the repudiation of trump, but importantly, no evidence of declassification, and they, as the court, they were considering these documents to be classified, andrea. >> picking up on that point, barbara mcquade, what is so remarkable among the many remarkable things the about judge cannon's decision is that she was questioning whether she could be sure if the fbi was truthful in the affidavit that those were the documents taken from mar-a-lago, and how do we know that these classified documents and you saw the picture, and i saw the picture, and that they were classified in the first place, and things that were not raised by the trump legal team, and they had not put in dispute, and so it was a remarkable decision from that district court judge.

>> it really was, andrea, and quite an overreach, because it is a core function of the executive branch to decide what is and is not classified is in hrs to be inappropriate, and then it was a repudiated decision by the executive branch, and donald trump has said in the media, but not in court, because perhaps it is not true, but the whole line is that declassification is a red herring, and donald trump wants to talk about declassification, because that is to prevent us from what matters, because these are documents about the national defense and no way personal records of his, and that defeating any claims of his of recovery of these document, and it is going to matter when it comes time for criminal charges,

because in the search warrant, the charges listed so far do not require classification as a basis as long as they contain information about the national defense, and it is a violation of the espionage act, and all of this talk about declassification is donald trump showing us a shiny object to get us to look elsewhere. >> it is sort of boggles the mind, and after writing the book, emily jane fox, "born trump" and what do you think is playing out among the siblings about the damage assessment here as the whole careers are put into jeopardy if this proceeds to court and they lose? >> well, you are already seeing the reactions publicly from don jr. and eric trump calling it a political stunt saying that this is the attorney general who has an election coming up, and who has had an ax to grind against them for years.

this is a case that did not bring lightly, and this a trump family that has left new york, and they have left new york and they have gone to florida and joined people who share their views down in florida. but what is so stunning about what attorney general james did yesterday is saying that this is not just about operating business in a state they no longer live, but getting lending from banks that operate in new york, but it is about getting lending of donald trump in his elder year, but about ivanka and don jr. and eric, who are in their early 30s where long life of politics not ahead of them, but not to get lending from banks that are operating in new york is a huge gigantic blow for

the rest of their careers. >> barbara mcquade, for the fact that donald trump went on a fox tv show with hannity last night, and made these incredible claims that you can just look at a piece of paper and declassify it if you are a president, and when they are declassified and they are read and skurd vault, and secured room and put back into a safe afterwards and guarded and locked up, how does that impact the legal arguments and his lawyers are not making that argument, and how does that affect any potential lawsuit? >> it is notable that the lawyers are not making those statements, because they would have to make those statements in court, and where make false statements can be punished by fines, sanctions is or disbarment or criminal charge, and instead, he says it in public, and you can bet that his lawyers do not want him speaking

in public because in television interviews or social posts can be used against him to prove the criminal intent and why is he out there, because it is not helping the criminal case, and he doing it to argue in the court of public opinion to fire up the base, and i wonder the motive there, and some of it politic, but some of it to deter the prosecution for the fear of public opinion. and now, secretary blinken is telling public that putin's words need to be taken serious, and he being called a total nazi totalitarian state. the response coming up. totalit the response coming up. now ports can know where every piece of cargo is.

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at the u.n. security council today, tony blinken condemned his counterpart. >> this week, most gather and not speaking shows utter contempt for his charter and this council. the very international order that we have gathered here to uphold is being shredded before our eyes. we cannot, we will not allow president putin to get away with it. >> blinked's comments followed president biden's sharp review for vladimir putin's sharp remarks to the general assembly yesterday. and his comments yesterday saying that if they threaten russian's sovereignty saying

that thousands of russians will be forced to serve, and citizens demonstrated yesterday against putin's controversial move, and many were protested and handed brash papers. and many were fleeing to destinations that were selling out quickly. to tell us more about this is john kirby, the national security spokesman, and now, let's talk about the nuclear threats, and how seriously should we, the west, be taking these brazen threats from vladimir putin? >> very seriously, and we are. this is not rhetoric that is new to mr. putin and he has been making these threats since the beginning of the war, and he is certainly amped it up yesterday, but yes, we have to take it

seriously, and he is a modern nuclear power, and it is very serious for him to talk about what is happening inside of ukraine. >> do you believe he is serious about using nuclear tactical weapons? >> it is unclear what to know what is going on in his mind. >> has he moved anything on the ground? >> we are monitoring this as closely as we have, andrea. we have no needs to change our strategic posture, and i will leave it there. >> and when we think of other weapons that he would use, and what about chemicals? >> certainly he has chemical weapons at his disposal, and this is worrisome as well, and again, it is difficult to know how he is going to react to the losses that he has suffered. we have seen a part of the action in the call-up of the reservist, and the sham calls to

the west. and now, in terms of the escalation to the call-ups it is not only potentially disastrous to the ukrainian people, but it is disastrous to other people as well. >> and now, there is no sign that either side is willing to negotiate, and ukraine was willing to negotiate earlier, but nothing serious coming from putin or lavrov or others at the table, and at that point, it is looking like a long, long conflict. >> we said a few months ago when mr. putin regroup and was focusing on the east and the south, this could be a prolonged conflict and we are seeing it play out, and neither side is willing to negotiate, and what we are willing to do, and focus on is that you heard the president say yesterday that we are going to help ukraine succeed on the battlefield so if

and when they goat the point to sit down, president zelenskyy has a stronger hand in the negotiations. >> are these protests in russia significant? >> it is noteworthy, because we have not seen it before, and we are starting to see the cracks here. a weeker so ago, the leaders of china and india publicly expressing concerns about what mr. putin is doing in ukraine, and we have seen public officials coming out publicly about what is happening in ukraine and now the protests and the individuals who are refusing to subscribe to his mobilization call, and it is becoming two things that are obviously, one, that mr. putin is now recognizing, that you can see it in the speech that he is clearly understands that a degree of failure that he has had in ukraine. that is obvious. and he cannot keep it from the

russian people, and when you have a mobilization of 300,000 troops, you can't do it in quiet or secret. >> is that an indication that the casualty numbers are worse than reported? >> we know they have suffered significant casualties in killed and wounded, but it is substantial, and we don't know the exact number, but we know it is part and parcel of the replenishing of the troops the, but also indicative of additional offensive moves he wants to make inside of ukraine. >> and what about the russian people, and making them hostages and taking them over to russia and then having these fake referenda so they can expand what they call the territory or the russian territory, and then perhaps draw a new red line against the ukrainians? >> it is abhorrent, and piece of his effort to basically wipe away ukraine, wipe away their sovereignty and wipe away their

culture, an wipe away their right to exist, and the president talked about that, too, yesterday, so we have called it out, and been very public of what we have seen with the infiltration camps, and we think that he is now in the hasty schedule to get some of the sham referenda in place over the next few days to claim some political legitimacy for territory gains that he has not been able to make militarily. >> turning to iran, the treasury has sanctioned iran for the death of one woman, a 22-year-old woman arrested for not properly wearing her hijab, her head covering, and the police going around beating women and arresting them, and the terrible death of this woman. >> yes, the sanction of the morality police who had her in custody when she died as well as some additional iranian officials as i understand it. the right to peaceful protest should be universal, and the united states stands as the

president said yesterday for that right, and iran should crackdown on the protesters and allow them to peacefully protest, and as we said, we are not going to be bashful about taking action when appropriate. >> the leader of iran told us at a briefing today, that there are, you know, hundreds of women who are killed everyday and raped when asked by a british reporter about this woman's death. >> and what about it is and let me blame somebody else about what is going on in theirs. so it is coming down to simple basic human rights, and we stand for them, and it is women, and it is largely a woman's movement, but they have the right to peacefully protest, and certainly the right to communicate what they will or won't wear, and make the decisions for themselves. so we, again, urge the iranian government to stop the crackdown, and allow for the

peaceful dissent, and to, you know, to do what is right by the iranian people. >> john kirby, thank you very much for being with us. >> thank you. and meet virginia, the wife of supreme court justice clarence thomas who agrees to answer questions of supreme court justice clarence thomas of the january 6th committee, and what they ma mean. e january 6td what they ma mean. she got a medicare plan expert to help guide her to the right plan with the right care team behind her. ♪ wow, uh-huh.♪ and for her, it's a medicare plan with the aarp name. i hope i can keep up! the right plan promise, only from unitedhealthcare. get help finding your plan at uhc.com/medicare. peaceful state. full plate. wait, are you my blind date? dancing crew. trip for two. nail the final interview.

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from vicks trusted relief for over 125 years. [sfx: relief breath] as the january 6th committee prepares for the next hearing, they are going to interfere ginny thomas, the wife of supreme court justice clarence thomas and her roles to overturn the election. joining us now is white house correspondent ali mctally, and they have emails from ginni thomas to other persons. >> and yes, it is why they asked her to come in voluntarily to come in to speak to them, and so we have been asked over the course of the months when she is going to be coming in, and chairman thomas said she had a

legitimate excuse for not coming in, and now they have reached an excuse to come in to talk to them in the coming week, and the emails that they have pertain to efforts to overturn the election results and conversations with john eastman of the trump administration and the architecture of the course of the course of the investigation that they want to talk to her, and finally the opportunity as it comes that they are about to be back in the public spotlight and just about in under a week to do the public hearing, and it is information that we have not heard or seen, and that the threats that are leading to the violence that day are still current and real in this current

state of democracy. >> and that is set for september 28th. we will of course carry it live. and now, in an effort to clarify how electoral votes are submitted by the states and then counted by congress and prevent future attempts to deny the election by manipulating the process. the democrats were joined by nine republicans most all of whom voted for trump's impeachment, and none will be back in congress including the vice chair and sponsor of the bill, co-sponsor of the bill liz cheney. >> our bill confirms what the existing constitution makes claim, the vice president has no authority or discretion to clear electoral slates. >> and congressman jason crow joins us nous. now on january 6th, you were

seen on video in the house chamber helping other house members to escape the mob, and this is to keep the vice president from trying to change the nature of what the vice president can and cannot do. what is the time line to try to get something on the books before the 2024 cycle heats up, and i can tell you that republican senator, retiring senator pat toomey from pennsylvania has just signed on the bill, and it is a similar, and not the exact bill, but that is now 11 republican senators. >> yeah, andrea, the time line is short, and we have to not only get the bill signed, but we have get it signed by the president or passed by the congress and get it signed and get it out to be implemented in time for the next lek shun, and so time is of the essence here, and that is why we formed the january 6th committee last year to start the process of going through, and bringing to light everything that happened and creating the conditions for

legislation like this to move forward and really making the case of why it is important, and one thing that we learned under the trump administration is that a lot of the things that we have previously taken for granted that make up our democracy are not actually in law. it is just republicans and democrats and prior administrations over hundreds of years just deciding that they were going to carry forward our norms and traditions and our customs and democratic traditions, but trump didn't do that, and now we have to make it a law, and do it quickly. >> and now, you have 20 people on ballot of secretaries of state who are election denier, and now with only one more hearing to go, now, the apparently, ginni thomas, the wife of the supreme court justice clarence thomas, in another unprecedented moment, the wife of a supreme court justice is going to be

interviewed and what is the importance of that? >> well, the supposed or the potential abuses by ginni thomas are numerous, and vi heard the reports and seen the reports of the texts, and so it is important to get the full information of what is going on, because clearly a conflict of interests here for the supreme court justice thomas. we need to bring it to light. and one of the best sanitizers here is to bring the potential abuses to light so that we can see this. a lot of this is going to be settled at the ballot box, and you have one party given into extremism, and decided to double down on the politics of division and partisanship, and people have to decide which way they want to move the country. >> and you have fought in iraq and afghanistan and served the country on to battlefields and let me ask you about mar-a-lago and the seized documents, because the 11th circuit have

completely rejected the decision of the florida judge that the president has control of the former -- the former president should have access to the classified documents, and that he cannot just declassify things at will. he then went on television last night, and he claimed that he can think things that are declassified and there is no process for it, and the president has complete control, and can you respond to that? >> sure. i am a member of the intelligence committee and the armed services committee, and i have dedicated my adult life to the national security and defense of this committee, and my career started as a private and then i was an officer and army ranger and i have served in iraq and afghanistan, and this is not how this works. the president, and nobody gets to just think in their mind that the deepest secrets of the national security secrets are that might mean life or death for the cia officers for our informants and for the people

who are developing intelligence networks overseas and for the policy makers and for our troops that are serving right now as we are having this discussion, and information and intelligence that it is life and death for them, and people don't just to get wish it away and declassify it again, and it again shows that the president is not well, and he is someone in his own mind believes he is omnipotent power and king of the land, and he is not. he is a person like anybody else, and in the united states of america, we have no kings or queens and we have elected representatives and he has to be held accountable. >> congressman jason crow, thank you for your continued service, and thank you for being with us today. >> thank you. >> and on the front lines, president putin presses forward with the war, we will speak to two women who are fighting against russian forces in their homeland and their story is next right here on andrea mitchell

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ukraine's president zelenskyy pleaded with the world to punish russia for invading his country. he addressed the world at the united nations general assembly making it clear who the aggressor is. ukraine wants peace. europe wants peace. the world wants peace, and we have seen who is the only one who wants war. meanwhile a delegation of women from ukraine are here in the pentagon this week to give a look at what is happening on the ground. joining us are two women, the head of the women's movement, and a senior corporal and combat medic. and welcome to you both. and first to you, adrianna, talk

to me about the experience of being a woman in the military, and when did you join the military, after the invasion or were you already in the service? >> it is great to be here, thank you, andrea, for this question. you know, it is to be a woman on the front line, you have met a lot of challenges, but we are just mom ukrainians who wants to protect our country, and to protect our kids and children against russia terror, and against the war. and so, my mission is just to protect my country, and to protect my family, and so it is not so hard for me to be a soldier. >> and urina, talk to me as a combat medic, and we have seen horrendous suffering and military casualties, and most recently, you know?

>> well, it is the combat battalion, and what i have seen the wounded soldiers and the civilians from both my battalion and other civilians. as i started in the beginning of the march we had very hard battle in the villages and in the north of mare nopele, and the rash shans that they bombed the village with our ukrainian villages with the clashes that were forbidden, and i had the hardest to create from the basement, and to attend to the modern, and it was quite difficult, and so in case we would have more, you know, armored vehicles with smaller

vehicles, and covered soldiers to evacuate and warriors like me, and i thought we would have like more armor, and maybe she could be alive, you know. >> look, those cluster weapons are hideous, because you know better than i, you see the effect on the human body, because these are the bombs that explode with the shrap nell inside of them, and then among the weapons of war, they are just horrible. adrianna and you met with members of congress today, and you will meet with more this afternoon and the members of the senate this afternoon, and what are you telling them and what do you want to hear from them? >> first of all, we say thank you for them and for american nations for the weapon that we have got to ukraine, because i

am operator of americans support and weapon chain of war, and so that is why we are on the weapon of last chance, because we need to deliberate our lands and to protect our civilian, and we ask for ground air defense system, and aircraft. we ask for tanks and ask for fighter jets, because these weapon are the weapon of last chance. the people are hostages on occupied territory, and that is why we need to liberate our lands faster, and that is why we need to gain liberation faster. >> and all of this is while vladimir putin is calling up more troops in the extraordinary successes that ukraine has had in the northeast with the counter offensive, and so he is clearly weakened, but he has many more resources than ukraine

does. how long can your military, can you all combat the russian army? >> thank you. i want to tell you that ukraine is going to be we have no chance to go back. we don't have another homeland. we use weaponry from other allies and artillery and like howitzers and other systems and cannons and like 155 and the aircraft and the system, and we could win and we could make successful contra offensive with small casualty rate. we won't face so high a price with human lives for that victory, and we thank the americans for they support us

for the fight for freedom. >> well, the americans are really in awe of you, and your heroism of your country and what you have done so far, and best of luck so far to you, to both of you and thank you for being with us today. >> thank you. >> thank you. and now, the efforts to help those afghans who were critical in the efforts in afghanistan, and they have not made their way to the united states. and up next is senator jeanne shaheen on those efforts next. shaheen on those efforts next. (cecily) even better. i got verizon's new plan. includes apple one. that's apple music, apple tv+, apple arcade, icloud+. (adam) i hear the acting's pretty good on that one. (cecily) so is the deal i got from verizon. iphone 14 pro, on them! you should get one. oh, selfie time! wow, you can hustle when you need to. (vo) get a new iphone 14 pro, on us. and get it with one unlimited for iphone. only on the network america relies on. verizon. republicans in congress

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she's visited afghanistan many times. one of the big highlights from the report is the log jam for translators to obtain approval. the chief of mission has to okay from the state department, but only 11% of the current applicants have it. so why the hold up? most of them don't have papers because passports were burned by the embassy when kabul was falling. but they were left without any kind of credentials to prove they work for the state department. >> you're right. that's one of the major reasons that we haven't been able to get those afghans back to the united states. unfortunately, when the siv program was set up back in 2009, it was set up not as a permanent program, but it had to be reauthorized. the number of visas had to be redone, and that has really

created a problem over the years, poet in terms of restricting those people who might be able to come to the united states, but also in providing no real ongoing commitment on the part of either congress or the administration, whether it's been a republican or a democratic administration to ensure that the program works the way it's supposed to. so what our report tries to do is look at those challenges and make recommendations for what needs to be done to fix it. now the biden administration took a big step when they got rid of the 360 process that's part of it. which is a lot of paperwork and bureaucracy. that helps, but there's a lot more that we need to do. >> senator, i spoke with one of the former sivs who finally made it out, but he got out july 2nd. so almost a year afterwards with

four young children. our troops called him frank to preserve his identity. he worked as a translator for 12 years. had a state department badge. it took him nearly that year to get out. listen to him describing the journey, including a close call with the taliban. >> they stopped my car and said do you know frank? tell him, yes, i know him. i had no options. i told him this is his house. and sometimes he's going to the judgment and sometimes he's going to the cafe. then he said, thank you so much. get lost. doing that again would be easy for me because now i feel my family is safe here. but if i anticipated in that 12 years ago, i would never. >> we shot him in shadow because he still has relatives under threat from the taliban because of his work for 12 years. what can we do for theme these

people? >> that's right. and for many of these afghans, they risk not only their own lives, but the lives of their families. we made a promise to them if they helped us, we would help them get to the united states if they were at risk. now we have to follow through on that promise. it's one of the things that this report is designed to address. to look at ways that we can produce that paperwork that we can streamline some of the requirements in the program and prioritize those people who we know are most at risk and get that first. >> senator, thank you so much for being with us today. and that does it for this edition of "andrea mitchell reports." remember, follow the show online on facebook and on twitter. i'll continue to cover the u.n. this week. secretary blinken here having a news conference tomorrow. we'll see you tomorrow here from new york. "chris jansing reports" starts right after this. orts" starts right after this

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good day. i'm chris jansing. today the justice department is moving full steam ahead into its criminal investigation into donald trump and the documents found at his florida home after winning a huge legal vikt. late wednesday a federal appeals court said the justice department can resume documents marked classified in their

investigation. essentially dismantling the judge's ruling that had blocked it from going forward. the three-judge panel, two of whom appointed pit donald trump,s found that the judge was wrong on multiple counts. including the idea that trump could have any personal claim over classified documents, or that he would be harmed if the investigation went forward. in their decision, the court said, quote, the united states argues that the district court, in other words judge cannon, likely ered to join the united states use of classified records in its criminal investigation and to require the united states to submit the marked classified documents to a special master for review. we agree. with its ruling, the appellate court removed an obstacle that could have delayed it for weeks or longer. the court agreed with the doj's original argument that the delay, quote, risks imposing real and significant harm