joining us now to help understand all of this is barbara mcquaid, former u.s. attorney for the eastern district of michigan. thank you forf helping us decipher the most recent ruling from the 11th circuit court of appeals. seems like a good win for the department of justice. how did you read this? what happens next? >> yeah, a resounding victory for the justice department. and also a very swift victory. they file the reply brief only yesterday. and immediately we saw the appeals court issue the ruling. i was stunned to see it come out so quickly. the language very strong. they explain why classified documents are so incredibly sensitive and important. and not only let you get back to work. take your document ands go. i imagine this will take effect immediately. now donald trump has options here. he can file an appeal as you were just mentioning with the full 11th w circuit court of appeals. thiss. is such a losing issue. ios have to imagine the decisio will be done veryde swiftly because ofne the recognized har to national security that occurs every day, every

barbara mcquaid. thank you. barbara: thank you.ld leaders are preparing to gather in london for the queen's funeral on monday. while glowing tributes continue to pour ian, her death has also sparked painful memories and anger among several former british colonies, many of which fought violent struggles for independence. and her passing has prompted a wider conversation about the role the british monarchy has had in their oppression. our special correspondent has this report from one of those former colonies, kenya. >> this 98-year-old man paid a price for kenya's freedom. he is one of the few surviving fighters who took part in the uprising against british colonial rule beginning in 1952. he and hundreds of others of fighters rebelled for nearly a decade against the mistreatment and torture under the british. >> the white man wanted all our harvests, he wanted our forests. we were being beaten, told to kneel down with our hands up and flogged without clothes. >> he was put into tension in september 1952, and subjected to hard labor

also with us is barbara mcquaid, a former u.s. attorney in michigan and law professor.t? >> the first off we have better timing on when the justice department relayed to the fbi that there were video cameras at mar-a-lago and the fbi could reach out to the trump organization and get a copy of of those. the fbi says they were handed over a hard drive. i can't continue to tell you what happened next because it's all redacted. no in total, about nine paragraphs were unredacted yesterday. we knew to some degree the subpoenas existed, but they included new details including assertions made by an unnamed representative for trump who handed along a letter in early june to the fbi certifying that they had searched the entirety of their property for materials that might be relevant to a grand jury. the things that the justice department was looking for, the types of documents we're talking about. they handed over a special envelope that contained 17 top secret documents including some other documents in classified levels. and handed that over and said, that's it. and made assert

attorney and msnbc contributor, barbara mcquaid. barbara, great to see you again this morning.at jumped out at you? >> well, as you mentioned, it's these empty folders. that is really an alarming discovery. because it suggests that some of the documents might be missing. now, maybe it is just that they are scattered among the 33 boxes that were removed from mar-a-lago in august, but the concern, of course, is that whose hands have these fallen into? it makes you start to think about, have they recovered every document that was there, or is it possible that photos were taken of any of these documents? were any of them photocopied? are any of them at places other than mar-a-lago, like bedminster or other places? the idea that some of this is just out there in the wild is extremely disturbing because it suggests the access of this material to our foreign adversaries. it puts sources' lives in danger and risks compromising signals intelligence. i imagine when the fbi discovered these empty folders, they had to have a sick feeling in their stomachs. >> we're waiting to hear from the

with us now to take a closer look at this is a "washington post" reporter and barbara mcquaid, a former michigan who is now a professor at the university of michigan law school. both are msnbc contributors. what point is the committee trying to make by airing clips from this documentary president bush. >> we are told to expect that these clips will be played in the context of the idea that people like roger stone, steve bannon and former associates of former president trump all planned on declaring victory regardless of the outcome of the 2020 election. as you saw in those clips you just played, some of those comments that roger stone made, such as screw the voting, let's go right to the fighting, happened prior to november 4th. one of them actually happened where he said shoot ann tee fa. that happened onnovember 2nd after a campaign rally from doug collins. all of this comes in the broader context of the efforts to overturn the election. and the fact potentially that donald trump was aware of and encouraging these actions. but what remains to be seen is sort of the direct line between

raymond deary wants that lisbie the end of the week much here with us now, barbara mcquaid and "new yorkavid 'em rich. certain srapbts of the damned, giant law firms, donald trump and the corruption of justice. bail me out so i can get a drink of water. >> it's so refreshing to finally see someone ask the hard questions in a forum where it matters. and truth matters in court. we know donald trump has made these allegations on social media that the fbi planted documents at mar-a-lago. and so what the judge has said is take a look at this inventory. here's a list of everything the fbi has taken out of mar-a-lago. i want you to point which documents on this list you claim were planted by the fbi. and i want that by friday. my guess is we are not going to see any documents identified. saying something on social media has no consequences. saying something that is false could bring disbarment, fines, criminal charges. so the judge is, as you said, it's time to put up or shut up. if you claim documents were planted by the fbi, i want to know which ones, and i want to know by friday. . >> david,

barbara mcquaid former u.s. attorney for the eastern direct of michigan. thank you. >>> and ben rhodes, former national deputy security adviser for the obama administration and msnbcra analyst. thanksnd for being here on shor noticeng in the middle of a breaking news hurricane here. first, i want to get your thoughts on the disdain with which this judge is treating the national security community, the justice department, questioning whether or not thesede records e even classified again, as a reminder, "washington post" reporting on september 6th that there are documents describing a foreign government's military defensesnt including nuclear capabilities, in theng tranche documents that ended up in the broom closet down at mar-a-lago. what did you make d of that language? and what did you make of her posture as it relates to national security? >> i mean i think it is totally reckless, a little bit insane, alex, and we see these filings, they have the s look of legal documents that beestows a legitimacy on them. but this makes no sense and this is a m judge

attorney barbara mcquaid points this out, that the stay that cannon rejected from doj was a lifelinete now the doj is set to appeal cannon's ruling to the 11th u.s. circuit court of appeals. setting up a remarkable situation in which the justice department thinks it may have a better chance with the 11th circuit which is described like this -- quote, as an appeals court where trump's administration left a particularly lasting mark in its frenzied push to fill the federal bench, six out of 11 of the judges on the 11th circuit are trump appointees. the ruling came in a ten-page filing where she announced her appointment of a special master. it's a man by the name of raymond dearie. senior district judge for the earn district of new york. dearie has until november 30th to conduct his review. over a month longer than the october 17th deadline that doj had asked cannon to set for the review. this is where we begin with some of our favorite reporters and friends. "new york times" justice reporter katie benner is here and the aforementioned barbara mcquaid is here, u.s. attorney, now law pr

ryan riley, nbc capitol hill ali vitale and professor at the university of michigan long school, barbara mcquaidjanuary 6th news, the hearing is likely going to be september 28th. what are you hearing from the committee about the path forward? . >> right now it's in flux. they're looking to see exactly how many hearings they're going to do this coming fall. we have heard two, potentially three being bantered about. the committee is going to huddle at a retreat tomorrow. it is there they will talk about the path forward, including the likely next hearing date september 28th. meaning all of us will be camped out outside the hearing room for the kickoff of these fall hearings that could in some ways be a wrap-up that takes us past the timeline of january 6th showing this is a continued threat from the former president. but there are also a lot of questions about what the committee will include and whether or not they will talk to people about former vice president mike pence who left the door open if he was subpoenaed by the committee. the other is posed to other people here in congress, senators o

attorney and msnbc legal analyst barbara mcquaid and "politico" reporter, my colleague. earie says trump must back up the allegation that's the fbi planted evidence. essentially it's a put up or shut up moment as i read it. what does this mean for trump's legal team? how do you expect they respond to this one? >> judge dearie made it clear from the start he's not taking any of the nonsense that's been put forward by trump's lawyers. and so he issued a scheduling order yesterday that details all of the things that must happen and the time line for them. it's a pretty tight time line. but one of them he is says it in words a little more gentle than the words that you just used, sam. he doesn't say that the fbi planted. but he says, you know, i want you to articulate. you've been given an inventory. what within that inventory, if anything, do you claim was not on the premises when the fbi came for the search warrant? and i want you to say that in a sworn statement before the court. that really is a put up or shut up moment. fine, you are making this allegation. but if so, te

. >>> i'm hallie jackson with vaughn hilliard, tom winter, and msnbc legal analyst, barbara mcquaid. vaughn, i know this has just wrapped up. what went down? >> reporter: right. both sides just exited the course house seconds before we came to air. as well as the trio of trump attorneys provided no comment but this hearing lasted about 35 minutes rather speedy hearing in which really the central component of the argument at hand. i was talking the andrew weissman as we exited the course house, about whether trump's teams would have access to the documents marked as classified that still exist at mar-a-lago and were seized by the department of justice by the fbi on august 8th. the question here is whether trump's attorneys would get their eyes on the documents. they argued they not only needed to see what they were working with, what potentially could be used against their clients, the former president trump being that individual, but then also the extent to which those individuals,those documents not only was it a necessity of knowing, but also one of the attorneys here making the ca

attorney barbara mcquaid, thank you both. attorneys will meet with the federal government. vauhn hillyard is there and he joins us straight ahead on "morning joe." it's the all-new subway series menu! 12 irresistible new subs... like #4 supreme meats. smoky capicola, genoa salami and pepperoni! it's the dream team of meats. i've still got my uniform. it's subway's biggest refresh yet. ♪ it wasn't me by shaggy ♪ i've still got my uniform. you're never responsible for unauthorized purchases on your discover card. time. it's life's most precious commodity, especially when you have metastatic breast cancer. when your time is threatened, it's hard to invest in your future. until now. kisqali is helping women live longer than ever before when taken with an aromatase inhibitor or fulvestrant... in hr+, her2- metastatic breast cancer. kisqali is a pill that's proven to delay disease progression. kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death. it can cause serious skin reactions, liver problems, and

attorney barbara mcquaid. katie, i'll start with you, and this report in the times that you contributed to. we laid out some of the names of this wide range of 40 people around donald trump who did receive subpoenas from the justice department. so who all are we talking about beyond some of the names we laid out, and why this rush in recent days? >> so on the timing, i think one of the reasons why the justice department put out this sort of blast of subpoenas request for information and took phones because they are bumping up against the two months before the election, a period where the justice department really does not want to do a lot of over investigative steps. instead what they tend to do is analyze information that they already have or they try to subpoena companies like phone companies or tech companies for records. things that would not tip off to the public what it is they're investigating or looking at so close to a sensitive political cycle and in terms of who the justice department was looking at