barb mcquade, what is your take away from the judge's ruling? >> i suppose it is not a surprise that she did not reverse yourself. but the doj had really offered her a lifeline that could be faced in carving out these 400 or so classified documents. instead, she completely rejected that argument. and even said something that i found really disturbing, which was, the mere fact that these documents have classified markings does not mean they are classified. she also rejected an un-refuted affidavit that was submitted to the fbi's director of counterintelligence. there is no contrary evidence to suggest that what he is saying is false when he says that the criminal investigation is inextricably intertwined with the national security assessment. and so she demonstrates, i think, great skepticism towards the government -- if not downright hostility. nonetheless, i think there is a little bit of a silver lining here. one is that she wrote this order within the doj's deadline to keep the urgency moving along. and she also clarified that, to the extent

attorney barb mcquade. off, couy griffin, let's get into the nuts and bolts of that, barbara, he's been removed from office. i assume he's going to appeal? >> well, maybe he will, maybe he won't. he was convicted for his conduct on january 6th. he even bragged about it and the plain language of the 14th amendment says that anyone who engages in insurrection is disqualified from office, including state office. what's interesting about this, katy, although it's been part of the 14th amendment since after the civil war, it's never been used before. we've never had an insurrection before. but the plain language of it there suggests that anyone who participates who is already an officer of the state or federal government is disqualified from holding office. it doesn't state, however, how the procedure should work for removing someone from office. this is a first, i agree with you it's likely to be appealed if he wants to and he wants to remain in office. just because the process is untested. and so there could b

attorney barb mcquade. she is not professor of law at the university of michigan and co-host of the hashtag sisters in law podcaster. also with us, former fbi special agent clint watts, a msnbc national security analysts and also distinguish research fellow at the foreign policy research institute. thank you both for joining me. barb, what stood out to you from the special master hearing this thursday? any sense of which way this florida judge's lean? >> the judge actually seemed to give a lot of credence to the argument, but i think with every passing day, the likelihood of a special master actually goes down. notably, she also did not make a ruling upon the filing at a motion that the justice department and the fbi should cease the review. if you are going to appoint a special master, it would seem out that they will continue to conduct that review. although the she did seem to entertain the idea and has taking it under advisement, i think that there are diminishing likelihood of it being granted, at leas

mcquade, firmeu.s. torney for the eastern district of michigan thanks as always, barb, fo shining a light on all of thispublicans in on state fight attempts by voters to put abortion rights on th ballot in november republicans who allegedl believe in states rights that is next y item to become dangerous. tide pods child-guard pack helps keep your laundry pacs in a safe place and your child safer. to close, twist until it clicks. tide pods child-guard packaging. for people living with h-i-v, keep being you. and ask your doctor about biktarvy. biktarvy is a complete, one-pill, once-a-day treatment used for h-i-v in certain adults. it's not a cure, but with one small pill, biktarvy fights h-i-v to help you get to and stay undetectable. that's when the amount of virus is so low it cannot be measured by a lab test. research shows people who take h-i-v treatment every day and get to and stay undetectable can no longer transmit h-i-v through sex. serious side effects can occur, including kidney problems and kidney failure. rare, life-threatening side effects include a buildup of lactic acid and liver problems.

mcquade, firmer u.s. attorney for the eastern district of michigan. thanks as always, barb light on all of this. up next, republicans in one state fight attempts by voters to put abortion rights on the ballot in november. republicans who allegedly believe in states rights. that is next. that is next 't care. but shingrix protects. proven over 90% effective, shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. ask your doctor or pharmacist about shingrix today. my mental health was much better. my mind was in a good place. but my body was telling a different story. i felt all people saw were my uncontrolled movements. some mental health meds can cause tardive dyskines

mcquade, former u.s. attorney for the eastern district of michigan. barb, thanks so much are joining us. i have many questions about this latest filing, and the need for a special master. trump's team isn't surprisingly cyprus and its argument here. a predominately focuses on why trump deserves a special master here and a very much less criticism on the shoulders of the department of justice, suggesting that this is a politically motivated, and the witch hunt is not in there, but it is the subtext of this. what did you make of the filing, and how likely is it that we will see a third party appointed and trump's wishes granted? >> there is not much new and document other than, as you say some insults hurled at the justice department. we saw in the initial brief, the requests that they wanted a special master to have an independent review of materials, but some of the things that were in the government's response, i just don't think that the trump team has an answer for. number one, it has already been reviewed, they already went through all of it. in some ways, it would be futile to have

mcquade, former u.s. attorney for the eastern district of michigan. barb, thanks so much for being here to help decipher what is going on. let me just first ask you what is your reaction to this ruling that seems to be a gift to donald trump, at least from the initial assessment of what is happening here? >> it's really astonishing, alex, and the justice department through her a lifeline, and judge cannon threw it right back, really doubling down on this idea. and as you say, it just drapes with the distrust of the government, saying, just because they say they are classified, how do we know they really are classified? and how can you say that don't trump has no possessory interest in them? how can you say there is no privilege? classified documents must be stored in a scif, these are stored in a basement. this idea that he has somehow a right to these documents is, i, think completely beyond dispute. but i will say there are a couple of things carved out here that are not bad. one is, she met doj's deadline. they want to decision by today. she didn't have

mcquade. who is at the tribune festival. and i think, you borrow, for getting up early. in texas. to join us this morning. barb, let's start off with a special master. trump was the one who won it day mid -- raymond dearie. he wanted a special master. now raymond dearie is calling him out. saying you need to cash accounted for all of your defenses. so it is put up or shut up for trump. are the legal strategies here legally backfiring on him? >> yeah. it seems to be the case. so often donald trump's defense is to win the court of public opinion. to win the news today. he's thinking about today. he's not really thinking about tomorrow. and most lawyers will tell their clients not to say anything. because whatever you say can be used against you. so i think we're seeing some of that come home to roost here. the public wouldn't even know about this search if donald trump himself had not publicly announced it. and in fact. i think there is a good possibility that the justice department would have been happy to just get the documents back but he has made such a battle of it. and now, i think it makes it very difficu