joining us now is msnbc legal analyst barbara mcquade and gary -- first will go to, you have we learned about the 27 boxes and the documents in them? >> there is a lot in those 27 boxes. we don't know all that was in there. the executive grant of clemency for roger stone -- information for -- regarding the president of france. what's particularly notable is the 11 sets of classified information that was in the 70s boxes, includes three boxes that contained secret information, free boxes that contain confidential information, and at least five boxes of confidential information. the washington post reporting -- classified documents related to nuclear weapons were among the documents that the fbi sought. those documents would fall into the top secret category. the world to people with access to top secret information is very small. it certainly does not include every member of the mar-a-lago club, where those boxes were located. >> the doj is using the espionage act as justification for the search. does that mean that trump is being investigated and could be charged for something? arrested

frank fugliuzzi and barbara mcquade still with us. take us inside donald trump's head. you wrote the book very stable genius. this is a man who values his privacy, and controlling the narrative around him. how do you think he's taking the news tonight? >> you know obviously he's not taking it well steph because we saw that statement that he issued very quickly after the raid today. but he appears to be calculating that this could be a politically winning issue for himself and for the republican party. we've seen in just the last number of hours republican leaders and potential presidential candidates on the republican side come out to echo his points. he is claiming without evidence of course that this is some sort of political sabotage by the justice department to impair's chances of running for president in 2024. we know there's no evidence to support that theory, that this is obviously according to reporting by my colleagues at the post and other news organizations that this is connected to the or investigation into his misuse of classified documents. nevertheless, h

barbara mcquade, let's talk about the word classified. trump is already claiming that the papers in question were, quote unquote, declassified. if that's true with this change anything in terms of the doj probe, especially if we are considering the three laws known to be used to carry out the search? >> no. this defense will fail because the three laws that say selected to put on the search warrant don't require that the documents be classified. i think until we saw that unsealed search warrant on friday, we expected that they would charge the statute that we used for general petraeus and sandy berger, which does require the mishandling of classified x formation. instead, they require only one charge of government records, another charge related to national defence. and another concealment of records when the government comes calling for them. now those require classification declassification. that's a defense they will fail. i think this is going to be an incredible shape shifting defense. we've already seen several iterations of this fr

let's bring in barbara mcquade and josh dawsey from the "washington post." let me ask you about this letter from the judge back to the trump legal team. what should we read into that beyond her saying your work isn't finished here, explain why you want me to look at this and perhaps find a special master? >> in the politest terms, she's asking some questions that really are raised by the filing itself. it's very unclear what they're even asking for. it's unclear why they filed it with her. perhaps there was some thought that since she was a trump appointee, she would make a ruling that's favorable to him. sometimes that's referred to as judge shopping. she's giving him every opportunity, really bending over backwards as a courtesy to give him an opportunity to answer those questions. but i think in the end, this is a matter properly before the magistrate judge. a request for a special master is not unheard of, although in this case it seems that with the passage of two weeks the governments will have already reviewed these documents. so ultimately it will be

joining us is the former federal prosecutor barbara mcquade, barbara, there's so much going on tonight, and i want to start with your reaction, you have seen a lot in your life, in your career, but the breaking news from the "washington post" that some of the information that the justice department was searching for, the fbi, were nuclear documents. i'm not sure i have words to understand what has happened here. >> i think it's really stunning that that is the content of these documents. there is no innocent explanation, if these documents indeed include information about america's nuclear secrets. one has to wonder, what on earth could be the reason that donald trump would want to possess those things. in my career, with national security cases on occasion, i've had an opportunity to review and hold documents that were at the top secret level, and it made me quiver to read them. i didn't want to hold. it i wanted to put it away somewhere, so that, it terrified me to have it in my hands. the idea that you would throw boxes and put it in your basement is really astonishing. it is also a

joining us is barbara mcquade and ryan reilly.t filtering through more than 20 boxes and trying to sort out were they previously classified as the former president claims and does that even matter because classification was not acquired precondition for the three particular potential crimes outlined in that search warrant signed by a federal judge. >> that's the key fact here. it doesn't matter what the classification level was. he wasn't supposed to possess these documents in general. he believed a lot of these were his own documents. the complicating factor is that in this instance the possession of the documents themselves is really what is at issue. it's not so much the substance of them. it's just the general material that was in them. >> isn't the complaint from senators like mike round who i interviewed yesterday, let's see what they really are, is this a fishing expedition. i'm just paraphrasing him. is this something looking for details or is this something really damaging to national security. >> that's a tough balance f

barbara mcquade is back.oining us, msnbc contributor -- also an investigative reporter for the new york times. it's good to see you both. david, let's start in new york. a case you've been following closely. did any think about trump's deposition surprise you this week? >> i have to say i was not surprised he took the fifth. eric trump, his son who was sort of the most prominent part of the trump organization below trump that was involved in the deals under investigation here took the fifth i think more than 200 times and his own deposition a few months ago. i expect that trump would do the same, and he did. that said, it's still a moment of great legal jeopardy for trump and that he is now in a civil proceeding taking the fifth might limit the ceiling of his exposure. he did not say anything that could be used against him later, but just saying that you take the fifth could still hurt him in a civil case down the road in new york. >> jump in there. explain that to us from your legal perspective. >> so, the f

attorney and an msnbc contributor barbara mcquade. let's get into this. certainly everybody has a right to protect themselves from self incrimination and he has said himself, that he basically has done it just for spite. so how can that impact this investigation? and the justice department's probe? >> well, one thing that's interesting, alex about, the fifth amendment is of course, it protects our right against self-incrimination, if we're in a criminal case, we can decline to answer any questions, you can even make that declaration in a civil cation, because your statements could be used against you in a criminal case, so that's why it extends here. but unlike a criminal case where a jury can't know about your implication of a fifth amendment, in a civil case, they can. in fact, not only can they know about it, they are instructed that they may draw an adverse inference from the fact that the person invoked the fifth amendment. you can assume the answer would have been bad for him if he answered the question because you can only invoke your right against

attorney and msnbc legal analyst barbara mcquade. we're so grateful that you're starting your day with us today. this is obviously a significant step of being perceived as real escalation in an investigation into the former president, so let's start there. what must have happened, what was required for this raid to occur, what sort of steps were needed to have taken place before this step yesterday, of a former president's home being searched by fbi agents. >> there must have been an investigation to accumulate sufficient evidence to reach the probable cause standard. and then agents would have taken as indicated, detailing all of that information to a federal judge who agreed who found that there was probable cause that evidence of a crime would be found at this particular location. and then the agents reporting says, contacted the secret service to coordinate, they didn't want to come in with guns blazing, they didn't want to create an issue, and secret service complied and says if you've got a warrant, you can come in to conduct t

we are all a lot smarter for, barbara mcquade, jill wine-banks and mark zaid. appreciate it. still ahead as, we learn the true depth of just how much sensitive classified information the former president of the united states had in boxes of his florida resort, one thing you can but without a lot today among d.c. lawmakers, damage assessment. congressman eric swalwell, number of the house intelligence committee, joins us next. us next. "peace of mind." such a big, beautiful idea. and for us at booking.com this means - free cancellation on most bookings. it's a bit functional. but we'll gladly be functional. so you can be free. booking.com booking.yeah meet ron. that man is always on. and he's on it with jardiance for type 2 diabetes. his underhand sky serve? on fire. his grilling game? on point. and his a1c? ron is on it. with the once-daily pill, jardiance. jardiance not only lowers a1c... it goes beyond to reduce the risk of cardiovascular death for adults with type 2 diabetes and known heart disease. and jardiance may help you lose some weight. jardiance may cause serious s

we want to bring in barbara mcquade now who is joining us. barbara, let's just pick up on your tweet and expand on that if you can for. us what are some of your concerns here for the appointment of a special master? >> they are just practical consequences to a decision like this. regardless of any procedure irregularities here or even this desire by the justice department to try to show that they are bending over backwards to be fair there is a cost to appointing a special master here. number one, i would be stunned if the justice department has not already reviewed these documents. they've had them since august 8th, three weeks. if i haven't looked at them already than shame on them! as you just discussed, there is a request by the intelligence community to assess the damage. that is an urgent need. to find out whether sources have been compromised, our lives in danger in overseas post that need to be removed from the positions of that their lives won't be lost? another message of collection that have been compromise that could be used in a

. >> joining me now is barbara mcquade a former united states attorney for the 18 district of michigan, she's also an msnbc legal analyst and a co-host of the sisters in law podcast, who i don't think got much sleep last night because we were on tv to get a quite late. barbara, good morning to you, thank you for being with us. what is your take on what andrew weissmann said? >> i agree to an extent. i think he would probably also agree that further investigation is necessary. because while we do have all the indicators that he has got the documents and he is not supposed to have them, and a lengthy timeline has gone by, where he was able asked to return them and refused -- but we have him acting through proxies along the way. we see lawyers involved and, i suppose, a potential defense here could be, i'm a busy, man i don't pay attention to these things, i love these things to my peeling feeling people. -- truth social will undermine that kind of defense. but i imagine that is why the justice department says this is an ongoing investigation, and that they are interviewing a significant

lisa ruben and barbara mcquade, appreciate it. a little bit of more news from doj about the investigation into hunder biden's business dealings. fbi agent timothy thibault resigned last week. thibault was under fire from senator chuck grassley who accused him of trying to close the hunter biden investigation. also accused of political bias for liking a number of anti-trump tweets. nbc news investigations correspondent tom winters. bring us up to speed. we haven't covered a lot about this investigation. where does it stand and who is thibault. >> there is no indication he is under investigation. our colleague mike is told he was eligible to retire. so he chose retirement. there were a number of reports that he was walked out of the fbi. that's standard procedure when somebody is done with their career in case anybody is unhappy about their retirement. don't want anybody to do anything on the way out the door. that's not particularly unusual. this all came up as you alluded to from senator grassley back in may, may 31, when he sent

we are all a lot smarter for, barbara mcquade, jill wine-banks and mark zaid. appreciate it. still ahead as, we learn the true depth of just how much sensitive classified information the former president of the united states had in boxes of his florida resort, one thing you can but without a lot today among d. c. lawmakers, damage assessment. congressman eric swalwell, number of the house intelligence committee, joins us next. us next. i wish that shaq was my real life big brother. turns out, some wishes do come true. they'll never know. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. for a great low rate, and nearly 60 years of quality coverage- go with the general. i have moderate to severe plaque psoriasis. now, there's skyrizi. with skyrizi 3 out of 4 people achieved 90% clearer skin at 4 months, after just 2 doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an

. >> and barbara mcquade, let's talk about the justice department. the assistant attorney general for the civil rights division, big changes from the trump administration, clearly, and the fact that they took this action. as ken says, these are serious charges after local officials did nothing. >> for serious charges. i have often puzzled as to why they were able to get a no-knock warrant in that situation. and the law makes it very difficult to charge officers with firing shots when they are fired upon. so why was the table set? why did they get this no-knock warrant. so learning that they have made false representations to obtain a warrant, that was the crack in this case. and they found it and filed these charges. i credit the dogged determination of kristin clark, the assistant attorney general, to go back to that point in time to find out that's what the problem was. and to those that say that lies are mere process crimes, this demonstrates why pursuing those lies are so important, by finding that cover of false statements, they were able to cha

joining me, nbc news senior reporter ben collins and university of michigan law professor barbara mcquademmittee think they might find on jones' phones? >> well, it could be all kinds of things. there was some indication he was text messaging with roger stone, for example, who was part of that willard hotel war room. alex jones we know was involved in organizing the rallies on january 6th. so if you can find a link between the forcible attack at the capitol and donald trump's inner circle, there is some potential for charging him with seditious conspiracy. i think they want to find out what the facts are and take it where they lead him. he invoked his right against self-incrimination more than a hundred times. it could be the text messages will answer questions he refused to answer himself. >> interesting. the judge said very clearly that jones lied on the stand, especially when he said the text messages couldn't be found and then you have other sandy hook families out there. it sounds like his legal troubles are far from over, barbara. >> yeah, i think in addition to what's going on with

and barbara mcquade. dr. shaw, you provide care in indiana, also in new york.ready seeing between those two states? it looks to me as though it would be a perfect test case, although the law is not quite into effect yet in indiana. >> i am primarily based in new york. i'm the chief medical officer of planned parenthood here in new york state. i also fly to indiana monthly to provide abortion care. the difference is in the way in which i deliver abortion care are vast. there's a waiting period in indiana of 18 hours. there is a requirement that we provide a mandatory ultrasound, that we provide a picture, a copy of the picture to the patient whether they want it or not. there's an insurance ban preventing patients from using their medicaid or their commercial insurance to pay for the abortion. the differences are huge and prevent access already. so what's happening with this ban is truly devastating. indiana is positioned in the country, you know, it's already providing care to folks in the midwest, in the south. now patients not only in indiana but in regions s

he's got the pulse on how congress is reacting, along with barbara mcquade, an msnbc legal analyst. she's worked at the d.o.j. and michael steel, former nbc political analyst to talk about the electoral consequences. vaughn, walk us through the timeline. what happened so far during this search and what can we determine that the fbi took? >> katy, we know there were months of conversations between trump's team as well the department of justice that led to the search warrant being executed here this week. there was a particular meeting on june 3rd in which evan corcoran met with d.o.j. officials here and i am told by a source he was led into a room where he showed d.o.j. where these materials were. there is one lock on this particular room where these materials were held. donald trump agreed to put a second lock on to better protect the materials. that is where from the trump side of this that ultimately they were confused as to what led to the search warrant actually being executed because from their end they contend that they were complying with the request the department of justice

joining us now to discuss all of it, barbara mcquade, former u.s.aw professor at the university of michigan, also an msnbc legal analyst in high endorsement, and asha is here, former fbi special agent for counterintelligence, now assistant dean at yale's jackson school of global affairs. such a pleasure to have you. asha, tell us what you expect to see in what sounds like the judge has accepted this highly redacted version of an affidavit. >> yes, thanks, nicole, it's great to be on. so, the department of justice advised the court that originally the redactions would make this affidavit basically unreadable. but i think that even with any redactions, i think we're going to learn a lot. so, first, we're going to be able to just see the sheer length of the affidavit. a search warrant comes late in an investigation, and particularly in a case of this sensitivity and magnitude, there will have been a lot of evidence gathered, and so, you know, the affidavit is going to have laid out all of this evidence, much of which we won't see, but it will be there.

. >> to the understatement of the -- barbara mcquade, former u.s.r the eastern district of michigan, thank you for your time and expertise this evening. >> thanks, alex. >> coming up, a jaw-dropping story of an alleged fraud, using a face identity to get into president trump's inner circle, and into mar-a-lago. and signs of big things happening in the january 6th investigation. mar-a-lago may have stolen the spotlight for now, but that investigation looks like it's making big moves. stick with us. ♪ ♪ ♪ man 1: have you noticed the world is on fire? record heat waves? does that worry you? well, it should. because this climate thing is your problem. man 2: 40 years ago, when our own scientists at big oil predicted that burning fossil fuels could lead to catastrophic effects, we spent billions to sweep it under the rug. man 3: so we're going to be fine. but you might want to start a compost pile, turn down the ac. you got a lot of work to do because your kids are going to need it. we reduce homelessness, address mental health, provide spaces for addict

barbara mcquade joins us, a federal former prosecutor in u. s. attorney general for the eastern district of michigan, she worked with the department of justice for the biden adminitration is now professor at the michigan school of law. and neal katyal is here, former acting solicitor general during the obama administration. he has argued dozens of cases before the u.s. supreme court. barbara, i want to start with you. here is what donald trump the former guy has said previously about those who take the fifth. >> fifth amendment, fifth amendment, fifth amendment. horrible. when you have your staff taking the fifth amendment, taking the fifth so they are not prosecuted, i think it's disgraceful. you see the mob takes the fifth. if you are innocent, why are you taking the fifth amendment? >> but today donald trump wrote this, i once asked, if you're innocent, why are you taking the fifth amendment? now i know the answer to that question. he says it's to protect his own interests. barb, is that how it works? >> yeah, you know when you have no shame a

barbara mcquade, thank you for your time tonight. >> thank you, chris. >> still ahead, forecasters saypolitical winds are blowing in tim ryan's favor as he tries to capture a senate seat that has been in republican hands for nearly 25 years. he joins me next. 25 years. he joins me next he joins me next ♪♪ my relationship with my credit cards wasn't good. i got into debt in college and, no matter how much i paid, it followed me everywhere. between the high interest, the fees... i felt trapped. debt, debt, debt. so i broke up with my credit card debt and consolidated it into a low-rate personal loan from sofi. i finally feel like a grown-up. break up with bad credit card debt. get a personal loan with no fees, low fixed rates, and borrow up to $100k. go to sofi.com to view your rate. sofi. get your money right. ♪♪ the lows of bipolar depression can leave you down and in the dark. but what if you could begin to see the signs of hope all around you? what if you could let in the lyte? discover caplyta. caplyta is a once-daily pill, proven to deliver significant relief from bipolar depressio

barbara mcquade, former u.s. attorney and president of the university of michigan law school, and antonio fin. thank you for being here. i do want to go back and start with you, mr. fin, about mar-a-lago itself. we know it's a bit of a circus down there. it's got a golf club, it's donald trump's playground for his celebrities friends. this is one of the headlines here. this is from your reporting. mar-a-lago was always a national security red flag. when you have a location like the white house or the texas ranch 99% of the people coming in and out are known, fully vetted individuals depending on their clearances and access, says ross thompson. mar-a-lago was a private club with potentially hundreds of guests and staff present throughout much of a 24-hour day during palm beach's social season that runs from october to mid-may. that makes the vetting challenge harder. talk about mar-a-lago. how open -- it's obviously easy to get on. >> well, we reported that. you mentioned the 18-year-old that walked through a tunn

frank floozy and barbara mcquade. that's it for tonight's read. all in the craze house starts right now. ad. . . ,. ,. . . ,,,,,. ,. . ,,,,. . . ,. ,,, such an assault could only take place in broken third world country. sadly americas, now become one of those countries, corrupt at a level not seen before. they even broke into my safe! what is the difference between this and watergate, or operatives broke into the democratic national committee? here in reverse, democrats broke into the home of the 45th president of the united states. as you just heard, trump himself admitted that he is corroborating with the relevant government agencies in this investigation. the ex president, right about one thing. this is a truly unprecedented event. ken delaney justice and news correspondent. he joins me now. this is developing story. what more do we? no >> elissa, we have new reporting in from my colleague colleague anna who was told by a source familiar with the matter saying that the president is in new york city today. he was not present for the search. sec

. >> frank figliuzzi, barbara mcquade, thank you very much on what has truly been a very busy hour.> and that is going to do it for me today on this friday. happy weekend, everybody. but don't go anywhere, because lindsey reiser continues our breaking news coverage next. lindsey reiser continues our breaking news coverage next. uld? now they can. downy unstopables in-wash scent boosters keep your laundry smelling fresh waaaay longer than detergent alone. pour a cap of downy unstopables into your washing machine before each load. and enjoy fresher smelling laundry. if you want laundry to smell fresh for weeks make sure you have downy unstopables in-wash scent boosters. shop for downy unstopables online, including our lighter scent. we just moved. so there's millions of - dahlias in bloom. over nine acres. when we started, we grew a quarter of an acre. now i'm taking on new projects on the regular. there are millions of ways to make the most of your land. learn more at deere.com as someone living with type 2 diabetes, i want to keep it real and talk about some risks. with type 2 diabe

attorney and msnbc legal analyst barbara mcquade. thanks for getting up with us this morning. we appreciate it. we've had a new days now to pour over the redacted affidavit that was released friday afternoon. what are some of your take-aways? >> well, think there are a couple of things that stand out to me. one is the length of time during which donald trump and the group battled about the possession of the documents. i think initially there was some thought that a defense could be well, a few stray documents ended up in boxes that got packed up quickly in the haste to leave the white house on january 20th of 2021 and lo and behold they were in there and let me get them back to you right away. that's not how it thing and the constant demand that ensuring the car i'ves in june that everything was back, and nonetheless, finding probable cause in the section that you just mentioned that boxes remain and sure enough 27 boxes were there. i was also struck by the fact that it said there were a significant number of civilian witnesses that were providing information here. that's real

also, luke broadwater and barbara mcquade, a former u.s. attorney and msnbc legal analyst., we know a subpoena in june preceded this search. the attorney general says he personally approved the decision to seek a search warrant of mar-a-lago and he wants to unseal it. we are watching for the 3:00 p.m. deadline for trump's attorneys. what would be in those documents? >> so, lindsey, a search warrant has three main parts and we will see two of the three, assuming this is unsealed, which could happen really at any moment because trump is not opposing it. we will see the face page of the warrant, signed by the federal magistrate judge and may include a list of statutes implemented. in other words laws the fbi is investigating whether they were broken, and then we will also see what you call the property receipts, other people call it the inventory, the list of items that were seized. there are also attachments to that first item, one of which would be a list of the items that they were seeking. the real question in this matter because we are talking about classified documents i

barbara mcquade, former u.s. attorney for the eastern district of michigan, thank you for your time and expertise this evening. >> thanks, alex. >> coming up, a jaw-dropping story of an alleged fraud, using a face identity to get into president trump's inner circle, and into mar-a-lago. and signs of big things happening in the january 6th investigation. mar-a-lago may have stolen the spotlight for now, but that investigation looks like it's making big moves. stick with us. ♪ ♪ ♪ ♪ [dog barks] [dog panting] [dogs barking] [dogs growling] [dogs whimpering] (vo) the subaru crosstrek. dog tested. dog approved. [dog barks] my active psoriatic arthritis can slow me down. now, skyrizi helps me get going by treating my skin and joints. along with significantly clearer skin, skyrizi helps me move with less joint pain, stiffness, swelling, and fatigue. and skyrizi is just 4 doses a year after two starter doses. skyrizi attaches to and reduces a source of excess inflammation that can lead to skin and joint symptoms. with sk

attorney and law professor barbara mcquade.ken, what do we know about the justice department's redactions to the affidavit? i'm guessing nothing since the filing was sealed. and when and how much would we ever expect to see of it? >> well, we know two things now, andrea. we don't have to say appears anymore because the chief spokesman for the justice department just sent out a statement acknowledging that this filing that we're seeing in the docket is in fact the sealed proposed redactions of the affidavit and he says the doj respectfully declines further comment as the court considers the matter. and then secondly we know that prosecutors apparently are procrastinators like the rest of us because they took every minute of the time they had up until the deadline to file this thing. and of course now we wait and see what the judge does. and there are a couple of possibilities here. the judge could agree with whatever set of redactions the justice department has proposed and put out this document even as soon as today. or he coul

frank floozy and barbara mcquade. that's it for tonight's read.ze house starts right now. ad. .

and barbara mcquade, you're with us as well. it is good to have you. i want to ask, lindsey graham wants to see the affidavit and the trump team wants to see the affidavit, what is the likelihood we're get any of that unsealed? >> i think zero. the affidavit is the details of the investigation and there is no point to reveal it and it could be damaging to the investigation. at some point it will be revealed because charges are brought or declined and at this point the doj and the fbi is entitled to regularity. a judge signed this and found probable cause. we need to beat back this disinformation is this is weaponizing the department of justice or prosecutor misconduct going on here. all accounts appear to be by the book and they need to stand down and wait for the process to play out. they are buying into and amplifying donald trump's attacks on our institutions, and i think they need to stand down and protect the rule of law and be responsible leaders in this country and not simply echo claim -- echo chambers for a former president. >> i haven't seen

york bender, new york times political correspondent, andrew weissmann, former doj prosecutor and barbara mcquade.s. attorney and now law professor at the university of michigan. the collective i.q. on this panel is vast and the experience even vaster and thank god you guys are all here to help us understand what's happened today. i want to the start with you, barb mcquade just because you and andrew have the lawing di degrees and i don't know if bender has one, but i know you know what you're talking about. just first address your reaction to what happened today in the simplest terms and we knew that merrick garland was going to make a statement. a lot of people wondered what he was going to say. tell us what you heard and what it means. >> well, it's really extraordinary that merrick garland would say anything at all be the justice department neither confirms or denies the existence of an investigation, but i think he felt he was kind of pushed into this by the publicity that donald trump raised about the search and he even mentioned that, that it wasn't the justice department that raised this