so vital to the remembering of martha hughes cannon. we have so might license each as we travel the state that we might travel in safety. no harm early or accidentally haul follows. we ask them why bless the leaders of our country that they might guide us in righteousness. we ask them why. plus president russell, i'm now nelson, president of the church of jesus of latter day saints, who served his here this day, we're grateful for the gospel of jesus christ, which brought martha to this country. and we say these things in the name of jesus christ, amen. ladies and gentlemen, this the ceremony. thank you for joining us today. welcome again, ladies and gentlemen, to let us look at congress today. our guest is member of a distinguished american who whose members have served our country both in time of war and in

judge cannon wouldn't wait.jurisdiction over this case, as lisa said. judge cannon doesn't have jurisdiction. it's not her case. she couldn't wait for them to act. she said, i'm going to step in and shield trump and his co-defendants from the release of any part of this report, including provisions of the report that are all about the election subversion case tried or at least attempted to be tried in a d.c. court over which she has no control, no authority, no jurisdiction. this is a great example of her acting without authority and outside her lane. >> it's par for the course with cannon. she's made a number of these calls that have ultimately humiliated her. >> i don't know that aileen cannon sees it that way, that she feels humiliated. i think she feels celebrated at the right. you saw that with trump going out of his way to praise her as a brilliant and brave jurist. aileen cannon, while den igrate other places. >> the 11th circuit slapped her down before. >> absolutely. the 11th circuit slapped her down du

>> let's start with judge cannon's ruling. she will impose a stay on the release of any special council report. that not only applies to the report itself but to any information contained in that report. in both instances she says jack smith, attorney general, merrick garland and the department of justice employees and agents and those of the special council's office are precluded from sharing either the report or any information th beyond the department of justice itself. that means that for example, when the 11th circuit decides they want to have a crack at this, that those actors would be precluded from sharing with the circuit itself. the information about the report or a draft report. it is not clear to folks like many whether she has jury diction. because earlier this year, she threw out the mar-a-lago documents case explaining that from her reasoning, jack smith did not have constitutional authority to bring that prosecution under the appointments clause of the constitution. and so there is no basis here to block the re

judge cannon, wild card because she has yet to rule in some subsidence way and that is why i think weon by her and the 11th circuit. that is where i think the real issue is. >> it does seem possible that judge cannon could easily order this report to not be made public. >> absolutely. and if she waits long enough it could essentially be hard for the government to get to the 11th circuit to reverse her and say that it's wrong. she could issue this on the 19th or the 20th. that's the problem. technically she really should not have jurisdiction over anything in the report unrelated to the two existing defendants and i'm pretty confident that this report is the kind of thing that will be sanitized. just thinking of what we did in the mueller report when we did have pending defendants and we made sure that people were not named in the report if they were under investigation. it would be hard to see how they would sort of cobble that together. >> it is referred to as a two- volume report. presumably one about january 6th and washington and the other about florida and documents. and in the d

judge cannon was brilliant and tough and didn't stand for it, and i don't know her.ill the case and i don't believe i said even one word to her. but she was very, very strong and very, very brilliant and her opinion was so brilliant that they dropped their appeal. they couldn't beat the appeal. liz: okay, that was president trump hammering jack smith and democrat lawfare saying democrats tried to turn america into banana republic. joining us now, fox news legal analyst gregg jarrett. gregg, great to have you on again. terrific writer and author. so president trump is applauding federal judge aileen cannon blocking the release of jack smith's report of the classified documents case. was jack smith trying to damage president trump and act like judge and jury in a case that the judge already tossed out? >> oh, he totally was. it's a great way of putting, liz. this was a correct ruling by judge cannon that dismissed the case against trump months ago because jack smith was unlawfully apoint-blank layupsed as special council. that means everything smith did is null and voi

could not possibly have meant cannon. it would be worth keeping a count from this day forward of how many names donald trump gets wrong when he is speaking publicly while at the same time tracking how many stories "the new york times" does not do about donald trump getting names wrong. i for one don't think getting names wrong is a big deal. i repeat, not a big deal, but the washington press corps believed that every time joe biden got a name wrong it was a huge deal. it was a news story. if that's their new standard for the presidency, they had better apply it now to donald trump every day. but donald trump knows they won't because of the massive avalanche of lies and nonsense about canada and greenland and the panama canal that will distract the reporters who will write stories about that. it will distract them from targeting what they did every day against the biden white house. we can guarantee you that the press corps will not apply the same standards to donald trump that they applied to joe biden. we can guarantee y

that's where i think judge cannon could have some leeway to sort of deal with that issue.shouldn't affect the part of the report on the january 6th case, because that's not before her and there is nothing about those two codefendants that should relate to the january 6th part of the report. >> it may be that these are two completely separate documents, specifically because of this possibility. >> yeah, there are two very different parts that he investigated, january 16 the mar-a-lago classified documents. >> i was going to say it would be inconceivable that this is judge cannon, to reach across outside of her case, to this other case, the january 6th case in washington and try to block that document if it is a document that is completely separate from the other one. >> that is true but just remember judge cannon was reversed twice by the 11th circuit it for things that you and i were sitting at this desk, not that long ago. >> it does seem highly likely as we sit here that judge cannon is absolutely going to order the blocking of the release of at least the florida part of

judge cannon was indeed overruled by the 11th circuit court of appeals. january 6th portion of the report can be made public, and today cannon herself cleared the way for that to happen. we are now waiting to see if the 11th circuit will also overturn her three day waiting period. if so, we could see the report any minute. we will let you know if we see it. if not, the deadline will expire at midnight tonight, at which point trump's team may try another last minute hail mary to block the release. we'll see. but we could very well see that report sooner rather than later. the other one is another question. never a dull moment. joining me now is democratic congressman dan goldman of new york. he served as lead counsel in the first impeachment of donald trump. okay, so let me start here. i mean, it says some this report that there's a midnight deadline. let's start there for that january 6th report. may people may feel like it's no big deal. the cases were dropped. we know a lot. trump's returning to the white house in seven days. what do you think the ameri

cannon's injunction was unlawful and essentially 11th circuit.u already did last night was deny the motion for an emergency injunction or any injunction, and therefore, you did already rule that judge cannon's injunction was wrongly granted. >> and therefore, you know, there should not be any impediment to releasing the special report. >> so this whole litigation honestly parallel before judge cannon and the district court and in the 11th circuit has become, i think, a little bit of and i'm just going to use my hands a little bit like this with now daniel oliveira interpreting things one way, jack smith and the government, i should really say the government, because jack smith is in on this, interpreting things another way. and the 11th circuit, it's a little bit unclear what they think they have done. so i think that the that the government was really responding to the 11th circuit saying government, if you want to vacate that judge cannon and judge injunction, file an emergency notice of appeal. and that's what they did. >> right? >> so just to

>> i don't think the 11th circuit will back up judge cannon and i want to clarify, judge cannon leftrump and his codefendant filed these requests at the 11th circuit with judge cannon at the same time. if the 11th circuit had wanted to block the release of this report, it could have done so already but it didn't. it chose not to. that is a good omen i think and suggests that it will not ultimately try to block any of this report. but judge cannon wouldn't wait. she couldn't wait for the superior court. judge cannon does not have jurisdiction. it is not her case anymore. she said i am going to step in and shield trump and his codefendants from the release of any part of this report. this is a great example of her working entirely without authority outside of her lane. >> it is par for the course for aileen cannon. she has made a number of these calls that have ultimately humiliated her. >> i don't know that aileen cannon sees it that way. if anything, she feels celebrated by the right. and you saw that with trump going out of his way to praise her. >> in terms of bad ruling. >> the 11

i want to make a point about judge cannon, if i may. the reminder she was the one that ruled that the special counsel was unlawfully elected, and that is still under appeal in the 11th circuit, and what was cited there would be irreparable harm would be done if special counsel jack smith's report was released, and it's important to note that the judge is saying do not let the genie ought of the bottle. right now -- again nie out of ge bottle. in case the appeals circuit overrules here, and remember the two other codefendants while dismissing against president trump. notwithstanding his current status as president, that could potentially blow up again, dang right, that could have consequences, the report. >> harris: could they pre-pardon? >> pre-pardon? >> harris: you know what i mean. >> you can't pardon for things in the future. >> harris: biden did. >> for durations. i wish i could. you and me would rob a bank. >> harris: you know what the release, kennedy, of any report like this, evenly even though we seen what jack smith has and he

aileen cannon, doing her thing. i guess it has worked for her so far and we will see if that continues. thank you very much. >>> still ahead. tens of thousands order to evacuate as a dangerous wildfire burns in los angeles. we will bring the latest details. latest details. >>> president biden is in los angeles but he had to cancel his event because of high winds and a rapidly spreading wildfire. more than 30,000 californians are under an evacuation order as the fire spreads in pacific palisades in los angeles. vice president kamala harris l.a. home is a mile away from that evacuation zone and unknown number of buildings that burned and people have been abandoning cars as they tried to flee. 1200 acres have burned so far and the dangerous winds fueling the fire are expected to get worse overnight. national correspondent jacob soboroff joins man live from pacific palisades. it looks really bad there. how is it going? >> reporter: it is awful. pacific palisades is the neighborhood i was born and raised in. 23,000 peopl

what is judge cannon's argument here, caitlin? >> well, judge cannon is not actually doing much other than saying nobody is sharing this report for at least three days outside of the justice department. so we were awaiting the release of jack smith's final report, the summation of all of his work, his charging decisions in both the classified documents case before judge cannon, and the january 6th case, which is against trump in washington, dc, or was it's been dismissed. now, the justice department said they could release it publicly as early as friday at the attorney general's decision. if he wants to do that. and so trump's team, the co-defendants in the classified documents case, he has two of them who work for him, also accused of obstruction of justice. they also are facing the dismissal of this case, but ongoing appeals, they are going to court and saying we don't want any of this to become public because it could hurt us. and so judge cannon said, yeah, let's look at the appeals court here. you've asked them as well to blo

trump, of course, celebrating cannon's decision today. as we learned, his attorneys have been able to review the special counsel's report in recent days. >> so if they're not allowed to issue the report, that's the way it should be. because he was thrown off the case in disgrace. why should he be allowed to write a fake report? it'll only be a fake report. that's great news. >> well, they saw the report, and that was when, of course, they decided that they didn't want anyone else to see it out front. now, ty cobb, the former trump white house lawyer. so ty judge aileen cannon tonight, trump's knight in shining armor. >> oh, yes, she's very reliable on his behalf. >> i mean, you know, very reliable and so much so that today, after this news came out that she was going to block the report, he had that press conference. and in addition to talking about panama and greenland, he talked about her. in fact, he talked about her repeatedly. here he is. >> we had a brilliant judge in florida. she was a brilliant judge with great courage. judge cann

what's the practical effect of that injunction by judge cannon?well, right now it's still in place because it's three days after the 11th circuit's order, when it's when her injunction blocking the release of the report is still in place. so we still need to have those three days play out. the doj has gone to the 11th circuit and said, look, just vacate her order. just vacate her order. but again, she's still got the three days in place. so we'll see if she does anything different. we'll also see if the defendants go to the supreme court. >> ring, ring ag merrick garland, drop it. we don't need this. they're going to get pardoned anyway. have a nice day. christie greenberg, as always, thank you so much. and again, thank you for your patience. i sincerely appreciate patience. i sincerely appreciate it. thanks. and dry eyes still feel gritty, rough, or tired? with miebo, eyes can feel ♪ miebo ♪ ♪ ohh yeah ♪ miebo is the only prescription dry eye drop that forms a protective layer for the number one cause of dry eye: too much tear evaporation. for re

judge cannon pointedly, when she dismissed the case before her.ree defendants, not just donald trump, she ordered the case closed. now, it is true that the department of justice is appealing that decision. as to the two co-defendants. but come on, a there's no pending case in the district court per judge cannon's own order. and everybody knows that on january 20th that that case is never going to go forward. do you think that in the trump administration, he's going to say, i really want to prosecute my co-defendants and have a trial involving what happened in mar-a-lago, where i would be a key witness? i mean, that's never, ever going to happen. so i think the idea that the department of justice is not trying to release that part of the report, i think is, is just wrong. >> so then, mark, what can happen in the next nine days? >> i mean, anything can happen in the next nine days. i mean, you know, nine days. i mean, we can we can have a whole new set of scandals involving a whole new bunch of, you know, trump, trump nominees. we could have a whole

, urging cannon not to extend her restrictions.ing the release of smith's final report on his investigations into donald trump. joining us now, msnbc legal analyst and former federal prosecutor christie greenberg, welcome, christie. >> christie, what do you think? >> this is such a mess? >> i thank you. >> you just summed up the last two years just i mean, so you've got two volumes of this special counsel report, the january 6th volume and the classified documents volume with respect to the classified documents volume. >> merrick garland kind of took himself out of it. he said, we're not going to publicly release it. and the reason is because, well, there is still this ongoing appeal of judge cannon's dismissal of the case against the classified documents, case against these two co-defendants. and so there could be some prejudice to them. so we're just not going to publicly release it. we want to just release it to a few members of congress. i mean, that's absurd. in a week from now that, you know, trump's justice department is goi

i will note the 11th circuit left judge cannon's temporary order blocking the release of the report for three days after the decision on appeal, so that means we won't get the release of this until sunday as you noted. merrick garland suggested that he was not going to release the mar-a-lago report because there are two additional defendants there, codefendants of donald trump. that, i odthink, is a little interesting and concerning because it's entirely likely that when donald trump becomes president on january 20th, the doj will dismiss the charges against carlos and we could get ndthis over with and have the d dismiss the charges and release the report. i think there's a lot in the report that would be very important for the american public to know. but, icagain, these are two significant wins, i don't know if it gnmeans that the courts a going to be a bulwark against donald trump indefinitely going into the future, but it is, i think, at this point, a reason for americans to breathe a sigh of relief. s at>> i want to unpack each decision separately. tim, sort of the narrative here,

um, cannon saying no. does she have any right to do so? you know, for the first time, i think judge aileen cannon, who is overseeing this case, is onto something. >> and i think she's right here. and this is and i say this after having watched her sort of mismanage a lot of aspects of the case, it's hard to plausibly make an argument for releasing a report that contains investigative materials and all kinds of things that can hurt the reputations of criminal defendants while they have cases pending and at. if there is a chance that these people are going to be prosecuted, it's just not it's not the right time to release the report. >> and the thought is people are saying, well, it's kind of an exercise and they're not going to stay being prosecuted because they'll have a new doj head. trump won't allow this to happen, but that speculation is not convincing to her because it could go a different way as well. >> it could. absolutely. and this idea and you see this in a lot of contexts where congress can say, well, just trust us. we can keep

judge aileen cannon. i know you guys talked on your podcast. part of the bull work net work about aileen cannon's audition for the supreme court. what did you make of her getting slapped down again by the 11th circuit which decided the special counsel's report can be released? >> i don't think she cares about that so much as long as ou she is still in the good graces of donald trump. and look, the aileen cannon model is something to really be mindful of as we look into trump 2.0. he can out source these judge decisions. i think he will look for more people like aileen cannon who he thinks are going to be truly loyal to him. and there were multiple times including this one where she advanced really preposterous rulings. there were elements of this, things she was trying to suppress that were not even under her per view. the notion that this random judge will be able to do this favor for donald trump was crazy in the first place. i hoped the attorney general does the right thing. and also, i think, the information about the investigation into the

this after judge aileen cannon rejected donald trump's last minute appeal.ll the 11th hour details in the 11th hour at cnn next. >> our land, my back frozen thinking the darkest thoughts and then everything changed, dana said. you're still you and i love you, super man. >> the christopher reeve story february 2nd on cnn. >> wow. incredible. >> amazing. >> my go to is lumify eye drops lumify dramatically reduces redness in one minute. >> and look at the difference. >> my eyes look brighter and whiter for up to eight hours. >> lumify. >> it's kind of amazing. >> see for yourself. >> let's start the bidding at $5 million. >> robinhood gold members get a 3% ira match where the wealthy hoard their perks. >> our retirement contributions are boosted by 3% now, with robinhood gold. >> tap into etsy for home and style finds like custom shelving for less than $50 to make more space. or linen robes under 75 to get you cozy for affordable pieces to help you welcome big changes. etsy has it sounds like you need to vaporize that cold dayquil vapocool it's dayquil plus a r

i realized that i just move this to capture with wells largest and most powerful cannon. which by the way, is famous. the man by the youngest, come back the i've been to a different position, jumped to the lives of several to, to recruit i. so this isn't just random firing of individual guns at the intimate but the complex square of units linked together in a single dwelling, while the with the z like zebra. the yeah, yeah, and we have samples come out in the be you have any who, if he's claim a direct hit on the re the defense ministry intel of the well, the idea of the missile appears to be of interest that comes as we're left with these ladies twice from dall, they can at least 6 mole palestinian 50. 5 report for the navy agrees these 5 between the as well and the us can fund fine on the lease is a garage of drugs on the russian fifties off the euphrates attempts to have a gas pipeline to europe was, repel the stuff, tens of thousands, riley for the long.

in fact, the pally fire area called rustic cannon and which i shah tackwith a.ires very dense malibu house one per acre that kind of thing. palisades that's very different. those houses are packed together and they are all -- they are starting at 2 million to $3 million each there moved into the highlands and those are very expensive as well. now the fire has moved to the south in rust that cannon and north into malibu. the last fire we covered last month, we started at cross creek, which is the center of malibu, if you will. when i came south, the fire was burning almost there. so, dukes, moan sat shadows. we are just north of there. that's how fast this thing moved. as you intimated on the intro, the evacuations, i mean, there were 30,000 yesterday, i can't imagine what it is now. the warning, the evacuation is all the way up to mow holland in the middle of the smoont mountain reserve. dukes malibu famous place. yesterday they were closed. they put on instagram we are closed because of the fire. a lot of people who were injured and needed to evacuate wound up

the codefendants in the florida case asked the judge, judge cannon to step in and do that. order that the portion dealing with the mar-a-lago documents matter not be released. there is no case pending in the district of columbia any longer and therefore no logical place for that motion to be filed. i don't think it will be successful. i think garland will release the report before january 20th. >> where would be the authority for cannon to tell garland he can not release the report? >> i am not sure i am not sure it exists. i have not read the florida pleading. only seen the letter that trump's lawyer sent to garland. i think they are alleging since judge cannon found, again, anonymous low from every other federal judge that considered this question, she found that the special counsel was inappropriately appointed and he does not have jurisdiction. different from every other judge in dc found. because of that he has no authority to issue this report. this is essentially the act of a private citizen. i am not really sure what basis she could then use to grant that motion and

aileen cannon, man, doing her thing. you know? i guess it's worked out for her so far.ee if that continues. lisa rubin, thank you very much. >>> still ahead, tens of thousands are ordered to evacuate as a dangerous wildfire burns in los angeles. we are going to bring you the latest details, next. test deta boop! friends. let's go, let's go, friends! money, power, friendship. let's go! ♪♪ ♪♪ well would you look at that? jerry, you've got to see this. i've seen it. trust me, after 15 walks, it gets a little old. ugh. i really should be retired by now. wish i'd invested when i had the chance... to the moon! unbelievable. stop waiting. start investing. e*trade ® from morgan stanley. why do couples choose a sleep number smart bed? i need it a little cool and i need it a lot of cool. sleep number does that. sleep up to 15 degrees cooler on each side 9 out of 10 couples sleep better. the queen sleep number c2 smart bed is only $999, our lowest price of the season. shop now. we all know that words have power. they set things in motion and make us happy or sad. but there's one w

>> they don't have a lot of options at this point, because they were hoping that aileen cannon's.i mean, really shocking decision to say that jack smith wasn't, was not properly appointed to toss out the classified documents case and use her decision there to block the release of both reports. i think they thought that was going to be enough to at least play out the clock until monday, but here aileen cannon, who has many times done things that have shocked legal experts that help trump here, she's saying, look, i'm going to focus on the classified documents report. we're still going to focus on that. whether lawmakers can see it. but i'm not going to block the other report. and it's unclear now that trump is no longer defending these cases against him, were dismissed. how they would get at trying to block this report. but they're very creative and they're very persistent, so i know they're working on it. i don't know what they're going to do. >> well stay tuned. andrew mccabe let me bring you in here. do you think how important do you think it is that this report see the light of

judge cannon is again giving trump a rather favorable ruling right now. why is she preventing this report, which normally would be standard operating procedure for the u.s. justice department? why is she blocking it from being released? >> that seems to be two primary reasons. one is she believes that because he's an illegitimate special counsel, anything that he gathered as a part of his work also can't be used now to kind of go through a back door and say, i'm not legitimate. >> but here's everything i learned while i was illegitimate. >> the second argument, of course, is that it will prejudice the two people who still have remaining cases. yes, trump's case is no longer active down there, but he still has two codefendants known as coconspirators. they take issue with that assessment because they believe it unfairly ties him to the to the former president, united states and soon to be future president of united states, and that the release of the information is going to be so prejudicial that it will have the effect of being an indictment all of itself

does she even or aileen cannon?i know there's been different pronunciations, but does she even have jurisdiction over the election interference case? >> absolutely not. and no one would say otherwise. nevertheless, if and she probably doesn't have jurisdiction even over this case because she dismissed it, it's now with the 11th circuit. nevertheless, a federal district court judge named aileen cannon entered a piece of paper that said doj. you can't say boo on this report. it's a bad order. and that's why the doj has now gone to the 11th circuit. it's a bad order. and she didn't have jurisdiction in the first place, but they have to undo it rather than just, you know, ignore it in a current pending order. okay. >> and by the way, you're calling her eileen cannon. i'm going to use that as well. i think that's right. okay. this fight over the release of jack smith's reports, can it go all the way to the supreme court? and if it does, will the justices allow trump to run out the clock? i mean, the typical trump playboo

on one hand, the 11th circuit left judge cannon's order in place. and that means that there are three days until the release of the report, unless and until jack smith and or the department of justice come before the 11th circuit and directly challenge judge cannon's order. that's something that they directed them to do last night. if you essentially, if you have a problem with this three day delay, come back to us and appeal cannon's order directly. and we know that they have done that. at the same time, it's possible that donald trump and his co-defendants will appeal from the 11th circuit's own order, deciding not to enjoin the release of the report. go straight to the supreme court. and this is a situation, really, of donald trump and his co-defendants making instead of pursuing their relief in one court and then the next, they did it simultaneously. and that's why we're in this sort of situation of who's going to go first. it's a dueling banjos, of course. >> lisa rubin, vaughn hillyard, chuck rosenberg, peter baker, thanks to all of you. joyce

judge aileen cannon issued an order blocking the release of his report until the court of appeals ruless joyce vance. it is great to see you. i'm eager to hear your assessment. first of all, the time line we are talk about here with the 11th circuit and whether you think they will make a decision before inauguration day. >> it's a great question. before we get to the 11th circuit, there is a problem with this order that judge cannon issued this afternoon. she arguably has no jurisdiction. but she has already dismissed the case. and judges can't act on cases in front of them. it looks like the defendant's lawyers figured that out because they filed a supplemental motion asking to refer it back to judge cannon hoping they can holden to this favorable ruling she issued. the whole question is how quickly is the 11th circuit inclined to act? we have seen them move very quickly. that has been my experience. that in the right case, they will step in and rule so we may well see something from them. >> if they don't choose to act, if they don't issue a ruling and wait until after inauguration da

if we don't get the cannons today i will be disappointed. >> dana: i think we'll get the cannons. >> i meant to look it up. the only things you look up right now comes up eileen cannon. but usually they are stationed up there on the hill looking downward towards the mall and it is spectacular. >> dana: we're looking at a beautiful picture of the white house and the inside of the rotunda. hogan gidley is somebody we all know sent a note to me the cables were frozen on capitol hill this morning for the flag. but now that has been fixed so everything is in place, bill. we have somebody very special to talk to next. >> bill: we want to move away from the capitol and bring in bill melugin who is at the capital arena where events will get underway later today. you have news. good morning to you. >> good morning to you as well. the crowd starting to fill in at capital one arena. we expect upwards of 20,000 people to be on hand here later today when president trump arrives. i'm told by a trump administration official that when trump gets here, he will be signing a handful of executive orders

all the cannons. all the cannons. it's unbelievable.o it was understandable that lincoln himself wondered whether anderson had committed treason but for public morale, if you would like, they had to pretend that anderson had behaved honorably and nobly and held out for 36 hours and so he was treated as a hero when he came back. it was sometime time before the north got over it. and the consequences of that are fascinating politically as well as militarily. >> what was the reaction in the northern press? >> well, i think mosof the northern newspapers felt that the honorf the north, the white honor of the north, had been insulted and that the south had been allowed to take the fort away that the u.s. navy hadn't managed to rescue it or hold it so there was considerable pressure on lincoln to do something. which to his credit, he did do. in my view, admittedly, 116 years later, it is easy to be critical. i think he made a terrible mistake then. >> what was that mistake? >> i think the newspapers were all saying, and members of congress wer

so doj's move is to get cannon's order vacated.rder or there's some acknowledgment she lacks jurisdiction, they're free to go ahead with the release. she never had the january 6th case in front of her. it would be a real gamble for the justice department to release at least the january 6th part of the report despite the existence of this order, but it's a real hash for doj knowing that their work will disappear if they don't get a court to order them or at least permit them to release the material before trump takes over. >> what happens to the report if it doesn't get released, if it stays within the confines of the doj? is there a chance it could get leaked? is there someone in archives trump could persuade to flush it down the toilet? what practically happens to something like this? >> so there's a records retention policy inside of doj like in many government agencies that actually requires that these records be retained. i have lot of old case files that lived in my office and then would get shipped off to a filing area where

several legal scholars say that cannon had no authority to issue the order. your thoughts, emily?ual, and even i would say unheard of, for a district court judge to reach so far, as melissa is saying, the cases are not before her, the mar-a-lago case is before the 11th circuit, and the d.c. case, which is about january 6th, that is a part of the report that i think people would be especially interested in hearing and that has nothing to do with judge cannon, never was in her courtroom and so, at the very least if she was going to reach out an issue this unusual order, she could have made clear that it does not pertain to that part of the report. >> right, and just to remind everyone, you are supposed to do a report, everyone remembers the starr report and the molar report, it's an aspect of transparency, there were defenders of clinton who said let's get the starr report and show that what started with a whitewater business probe went in all these other directions, the idea was using the report and the underlying material to discuss the facts and people debated those facts because

as judge cannon found. and therefore you cannot release this report that will take us into unknown territory, because while there have been several challenges lodged against special counsel over the years in various cases, not just this one, they've all failed up until judge cannon. so that could be the hook that he's trying to use here. >> in one other little nuance here is that there are two other people charged and still charged in this case, walt nauta and carlos de oliveira. and their lawyers basically arguing, look, you put out this report. this could prejudice the case against them. >> it's such an interesting wrinkle because they have a much stronger argument than donald trump does, because donald trump is out of this case. it's been dismissed against him. so the argument to him is you don't have any real stake in what comes out in this report. but nada and de oliveira, those are the two mar-a-lago employees who were charged along with trump in the classified documents case. they are still defendant

judge aileen cannon, a trump appointee signaling that she will not allow the release of jack smith's report on trump's mishandling of classified documents. after hearing today. cannon, of course, is the same judge who repeatedly delayed the case, dismissing ultimately the 37 felony charges against trump ran out the clock, and her decision to not now, to now not allow the release basically guarantees that it will never be seen. because once trump takes office, he can ensure it's not shared. right. so this is something where the clock is literally ticking down in the final hours of the biden administration, ty cobb is out front. former white house lawyer under trump. ty, good to see you. so today, judge cannon said, and i'll quote her at the end of the day, what's the urgency of doing anything? i'm sorry. i'm not really laughing of doing this right now. what's the urgency, ty? three days before inauguration. >> yeah. the mere fact that she can ask that question shows why she's the star of the mental olympics. um, you know, it's such a silly question, because the whole reason for this h

essentially, they're telling judge cannon down in florida to butt out of this january 6th case. what do you make of all this? >> well, jim, i think this is a perfectly fair and reasonable proposed solution by the justice department. first of all, with respect to the january 6th report in washington, dc, the justice department has the absolute right under law if they so choose to turn that over to congress to make it public. they should do that. and they've said that's what we intend to do. the legal dispute here really shouldn't have anything to do with the january 6th report. now, separately, we've got the report on the classified documents case in florida. and what the justice department has said is, okay, we understand there's two other defendants here other than trump. that's walt nauta and mr. de oliveira. they still have potentially live cases. and so recognizing that they have a right as defendants, we're not going to blast this report out publicly. instead, what we're going to do is we're going to make it available behind closed doors to the leaders of congress in order

judge aileen cannon, however, has tried to block it.an't be released until at least next week, so we are awaiting a potentially imminent ruling from the 11th circuit court of appeals on whether or not we can see that report much sooner. andrew weissmann spent years serving in department of justice, including as the lead prosecutor, mueller's special counsel office. judge diane kiesel recently retired from new york state supreme court bench, having previously served as a criminal court judge and as a prosecutor in the manhattan district attorney's office. they join me now. good to have you both here. let's start in the 11th circuit thing, which is actually, like, bizarrely, procedurally complicated. what do you think the outcome should be here? let's start with that. >> i think the outcome should be, and i will dare say i think the outcome will be that that we will see the january 6th part of the report. in other words, there's a january 6th part. there's the mar-a-lago classified documents part. i think that aileen cannon's order, by it

case is pending in front of a different judge, classified document case handled with judge cannon. given all of this, obviously you've devoted years of your life to understanding what happened after the 2020 election and what led to january 6th and obviously worked on the committee, what do you make of the legacy of that committee? is it challenging for now now to go-- do you think it was pointless? was it worth it? >> on the contrary, i think was invaluable and historically a landmark moment on a bipartisan basis we had a congressional committee that was devoted to one task and we conducted and lived our oaths of office to stand up for the constitution against all enemies foreign and domestic and we were not going to allow a political hatchet job to take place. we were not going to allow the truth to be swept under the rug and we didn't. again, anybody who's got any particular factual contradictions of points in the january 6th report should come forward because nobody has. >> it's quite remarkable, actually, as trump continuously over the last couple of years said it's all lies,

nobody is trying to cannonize her. the same thing is -- >> she put out a video trying to cannonize herself. >> she was just saying it's unremarkable. that's true. >> i want to actually congratulate the democrats today. this is the first election since 1980 -- >> he's doing this again. >> first election since 1988 that a republican won and democrats did not try to overturn the rules on the floor of the congress. >> scott, scott. i'm only interrupting you because we heard this before. >> we played this. >> i thought it was worth repeating. >> here is the thing, you know, parliamentary disputes, a -- >> mr. speaker, a point of rder. >> no, that's not what happened. they tried to stop the counting of the votes. >> come on, dude. >> taking weapons and bursting into the capitol to try to stop or delay or obstruct the certification of election. that has never happened before. >> they tried to stop the electoral college. >> i thought by tonight maybe you would sort of give this one up. i get what you're trying to do here. and