let's go to david spunt live at the courthouse in west palm beach, florida where we're watching the attorneys get in their cars here. hi, david. >> hi, martha. those are donald trump's attorneys. lindsey halligan, jim trusty and evan cochran. judge cannon seems skeptical of the government's arguments not to appoint a special master. we know that donald trump's team wants this neutral third party arbiter to come in and look at the evidence even potentially return some of this evidence not related to the scope of the investigation. i want to read quotes from jake gibson who was inside. according to jake, not only did judge cannon seem warm to the idea of appointing a special master even though she's not going to be making an announcement today, she will be making an announcement in what she calls in to you time. jay brat, arguing for the government, he told judge cannon that former president trump does not have an interest in classified presidential records and is "unlawful possession" of the records. judge cannon seemed skeptical of the government's argument at times. she said "what is the har

david spunt reporting at the justice department. e post reporting that former president donald trump had in his possession a document that describes the nuclear capabilities of a foreign nation in unnamed mystery foreign nation according to the post, those documents back in the hands of the federal government, the department of justice. the post also reporting some top secret documents taken if mar-a-lago have information so sensitive that only the president, members of his cabinet and a few others were allowed to read those documents. a trump attorney to fox news this morning said quote, even after the court noted specifically in its order that president trump faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public and asks counsel for the united states directly about leaks, they continue with no respect for the process nor any regard for the real truth. this does not serve well the interests of justice. judge eileen cannon ordered the appointment of a neutral third party special m

david spunt with more in brooklyn. david? >> this hearing lasted 45 minutes.aring introducing the special master to both parties. at times it got contentious between the former president's legal team and special master judge raymond dearie. judge dearie ask's trump's team for a declaration disclosing the materials the former president claims are declassified. he wants to know how they were classified and learn a little more about the documents. trump's attorney jim trusty told dearie that request was going beyond the instructions for the special master. dearie said i think i'm doing what i'm told. dearie also said to trusty, you can't have your cake and eat it too. meaning they can't just hold on and ask for more delays in this case without providing why those documents may be declassified. as dearie does his work, examining the records, merrick garland said his doj is appealing to the 11th circuit court of appeals over the need for a special master. the original judge told federal prosecutors late last week that they must stay away from roughly 100 documents

right to david spunt following all of these new details. david. >> david: hi, molly and rich. rare order from a federal judge on a federal holiday. no question it's a victory, even if a temporary one for the former president's legal team, slows down the investigation into the thousands of pages from mar-a-lago on august 8th, hundreds marked classified. after a nearly two-hour court session and a long weekend to think about it, she made her decision writing a special master shall be appointed to review the seized property, manage assertions of privilege and make recommendtations and evaluate claims for the return of property. she continues the government is en joined from further review and use of the materials seized from plaintiff's residence, pending review. the government may continue to review the materials seized for purposes of intelligence classification and national security assessment. to determine the classification levels of the documents will not stop, it will continue. doj can continue its classification assessment. actual investigation slows down. no comment from

>> bret: david spunt, west palm beach. david, thank you. the wife of u.s. supreme court justice clarence thomas reportedly pressured lawmakers in wisconsin to overturn the 2020 presidential election results. "the washington post" reporting that virginia thomas messaged to g.o.p. state legislators about that issue. the post reporting earlier thomas emailed 29 officials in arizona after the election. she sent all of the emails via online platform that can send multiple elected officials prewritten messages. no comments from mrs. thomas. her lawyer or the supreme court. a federal judge in south carolina says constitutional protections do not shield senator lindsey graham from testifying before a special grand jury investigating possible illegal efforts to overturn president trump's previous election loss in georgia. the senator will continue the appeals process we are told. he had originally been instructed to appear before that panel last month. former white house counsel pat cipollone and his deputy patrick philbin are schedule to do so appear before a grand

david spunt on this for us live at the justice department. hello, david. >> hello, sandra, good morning. that judge, the special master is federal judge raymond deary. he has his work cut out for him. he has to go through 11,000 plus documents seized from mar-a-lago on august 8 in this unprecedented case. he has senior status on the eastern district of new york federal court. he was suggested by the trump team to serve as special master and see if some of the documents should be returned to the president. as he goes through thousands of documents attorney general merrick garland and his department of justice are getting ready to appeal to the 11th circuit court of appeals in atlanta, georgia. the reason. the district judge in the trump case, eileen cannon, told federal prosecutors she wouldn't reverse her previous order that told doj to stop using 100 classified documents until deary is done with his investigation. d.o.j. argues time is ticking and about national security. they promise to appeal to the 11th circuit. it could be risky. the reas

tonight correspondent david spunt is taking a closer look at what the government is claiming. >> federalusing on potential obstruction of justice over the handling of material after a daylong search of former president from's estate. in the court filing the justice department says "government records were likely concealed and removed from the storage room and efforts were likely taken to obstruct the government's investigation for this after the trump team was served a may 11th subpoena to turn over all remaining classified material located on site. a trump lawyer attested all documents were stored at just one site, the basement storage room. fbi agents allegedly found classified records in trump's private office. the fbi in a matter of hours recovered twice as many documents with classification markings as the "diligent search the former presidents council and other representatives had weeks to perform calls into serious questions to the representations made and cast doubt on the extent of cooperation in this matter, and most significant sermon was highly classified records were unfolde

. >> trace: david spunt is live in palm beach, florida with more. good morning. >> good morning to you. judge cannon has a big decision to make, a serious decision with no real roadmap. this is unprecedented for all parties involved. we're told this will be a written decision. it could come at some point today over the next few hours or few days. yesterday in federal court judge cannon made it clear that she was leaning toward appointing a special master in favor of the trump legal team and grant that request. the special master a neutral person to come in, look at evidence and potentially return any documents to mar-a-lago not under the scope of the investigation. cannon indicated she was skeptical of the government's opposition to having an outside arbiter examine documents ceased from mar-a-lago. she said what is the harm of appointing a special master? the department of justice attorney who heads the counter intelligence section in washington, d.c. told cannon the classified records do not belong to donald trump as he is no longer the president

>> bret: david spunt, the justice department. david, thank you.rump ally steve bannon expected to surrender tomorrow to be arraigned on new charges on the manhattan district attorney. those are expected to allege fraud connected to the we build the wall fundraising effort. others are expected to be charged as well. meantime lawmakers here in washington on capitol hill working on the latest stop gap measure to try to avoid a government shutdown. congressional correspondent chad pergram tells us what may be included in those negotiations. >> keeping the government operating is the only thing lawmakers must do this fall. >> i don't think the government is going to shut down. it costs money to shut the government down. but funding the government is never just about funding the government. there are always add ons for continuing resolutions. crs. temporary bills to avoid shutdowns. republicans oppose most spending extras. >> i think the cleaner the cr the better. >> the democrats are pushing for more covid money even though there are unspent dollars le

david spunt live at the courthouse in brooklyn, new york. ernoon. with the raid on mar-a-largo, the reason i'm here right now in brooklyn at the eastern district of new york federal courthouse, this is where the special master is located. to bring everybody up to speed, this can be a complicated case. about 11,000 documents were taken by the fbi from mar-a-largo on august 8. we remembered seeing those images. the trump team wanted a special master, a neutral third party person to review some documents, specifically about 100 documents that the government said were classified. the department of justice said we didn't need a special master. the judge in florida said we did. and they appointed me judge raymond deering. he was suggested by the trump team and chided trump attorney, specifically jim trusty to provide more information about the documents that the former president claims he so-called declassified. jim trusty said the legal team was not in a position to do so at this point. they needed more time to do so. the judge seemed irritated at

first david spunt someone to set the stage. >> hi, the special master in this case federal judge raymondfor him over the coming weeks and months he will go through thousands of documents north of 11000 documents seized from mar-a-lago, judge deary has senior status on the eastern district of new york federal court he was suggested by the trump legal team to serve as special master a neutral person that will look at evidence and decide if some should potentially be returned to the former president, as deary does is work going through thousands of pages of documents, attorney general merrick garland in his department of justice team are appealing to the 11th circuit court of appeals in atlanta, the reason the district judge in this trump case aileen cannon told federal prosecutors on thursday she would not reverse her previous order that told d.o.j. to stop using roughly 100 classified documents taken from mar-a-lago until deary is done with investigation. d.o.j. argues time is ticking when this is all about national security, the d.o.j. appealed to the 11th circuit is risky, the reason si

ironically enough, the special master you heard from david spunt and excellent reporting and that veryndrew mccarthy. as you have heard, this will slow the whole process up. so, not a lot is going to happen the next couple of months here or there may appeals and so forth but in terms of new information, there is not going to be allowed. andy mccarthy said to the president, former presidents advantage not to be talking about this issue. two republicans, it is also an advantage to not talk about this particular issue but instead talk about the things people are talking about around the kitchen table. mainly how to keep up with the rising prices, how good is the economy going to be and what is known about the border and the crime in neighborhoods and communities? >> neil: karl rove i don't have to remind you of the former president has written about you for saying what you have on this issue and particularly the fact can't take government documents. but does that bother you at a certain level, again, getting back to this notion, we have to get off of this obsession one way or another. and

>> bret: david spunt at the justice department. david, thank you.y or crt, which links racial discrimination to america's foundations and legal system has become a hotly debated subject on the campaign trail and in school board meetings across the country. parents and politicians argue whether crt should be taught in public schools. but, as you will see in my new fox nation series. the unauthorized history of socialism, volume 2. crt is actual rooted in ideas that go back decades. >> pro providing the framework r 1619 projects and black lives matter is an approach to history called critical race theory or crt an adaptation of critical theater developed half century ago by the marxist scholars of the frankfurt school. >> critical race theory justifies ideas of critical theory to the problem all racism in america. so it says the problem of racism isn't just one individual's reaction to another individual are. it's not just individual bigotry, it's because the system that was set up and is founded on things that either facilitate or entail racism. >> i

right to david spunt following all of these new details. david. >> david: hi, molly and rich. question it's a victory, even

i'm david spunt.ers primetime" special. >> jesse: here at freedom talked to a handful of people on the wild side literally on the wild side. who can forget the woman who identifies as a wolf? well, we definitely didn't. in fact, we were so intrigued by her, that we are having her on again tonight for a brand new interview. stay tuned. but, first, let's bring back the ttoad lickers. >> yeah. huh? look at. this hello. >> jesse: homer was clearly on to something because getting high off toads is a new trend in psychedelics. people are going to retreats to smoke see secrecies from the. in some paces they are paying up to 9 grand to do it. it makes people feel euphoric. some people say the drug is capable of repatterning your brain and in that case get me a toad right away. a lot of times people call it the god molecule because it apparently can make you feel like you are dying and returning to life. before we play this video for you. here is a heads up. it's pretty wild. [chimes] >> oh my god. >> jesse: t

correspondent david spunt is in brooklyn tonight with the latest. evening, david. >> bret, good evening to you. the former president's legal team indicated the possibility that donald trump could be indicted. the hearing today was quick about 45 minutes but contentious at times. this happened in brooklyn, new york, behind me judge raymond dearie, the special master asked trump's attorneys for that trump did indeed declassify documents seized by the fbi. trump's legal team took issue with the request arguing they don't want to give too many details over fears of exposing trump criminally. dearie said, quote, you can't have your cake and eat it, too. end quote. dearie will serve as a neutral third party arbiter who along with a team will sift through some 11,000 documents and separate any that may be covered under attorney-client or executive privilege. federal prosecutors say around 100 of those documents are classified. trump's attorneys wrote to dearie in a file last night and used the words, quote: subsequent indictment, meaning they are prepared

>> bret: david spunt from the justice department.report from ukraine as russian soldiers retreat their brutal is revealed. analysis from retired general keith kellogg. first, beyond our borders tonight, pakistan clear as key highway to help aid workers get the supplies to survivors of recent flooding there. before the opening, the military had been forced to deliver goods by helicopter or boat. almost 1500 people have died so far, more than a half million have been displaced in pakistan. thousands continue to line up to see the queen lying in state. this comes as buckingham palace shares more details of the queen's funeral to be held monday. 2,000 guests are expected to attend, including president biden and the first lady. following the funeral, the united kingdom will observe two minutes of silence. and this is a live look at geneva, switzerland. one of the big stories there tonight, roger fetterer announces he is refrirg professional tennis. the 41-year-old closes out a career with 20 grand slam titles and five seasons ranked numbe

>> bret: david spunt at the justice department. david, thank you.epartment has issued about 40 subpoenas in the past week seeking information about the actions of former president trump and his associates related to the 2020 election and the january 6th attack. we will continue to follow that. and follow it tomorrow. up next, the panel on the march to the midterms. first, here is what some of our fox affiliates around the country are covering tonight. fox the in minneapolis 15,000 union nurses across minnesota walk off the job after failing to reach an agreement with hospital executives. the group is calling for fair contracts to improve patient care and working conditions. it's believed to be the largest private sector nurse's strike in u.s. history. wsvn in miami where a fire destroys nearly a dozen vehicles outside hard rock stadium during a miami dolphins game. investigators believe a tailgate party likely sparked that blaze with a grill left there. no injuries were reported. and this is a live look at new york city. one of the big stories there

>> david spunt at the justice department tonight.id thanks very much >> another big drug bust on our southern border to tell you about tonight. customs and border protections officers at the point of entry seized a little more than 100,000 fentanyl pills, 14 pounds of fentanyl powder and some cocaine. the drugs were stashed in a large ice chest that had the foam insulation in the walls removed. >> first up in tonight's crime roundup they arrested rob tell is tonight on suspicion of the murder of long-time investigative journalist jeff stabbed to death outside his home this past weekend. tellis a democrat lost his reelection bid in june's primary after a series of negative reports alleging a hostile testimony work environment and inappropriate with a staffer. they were seen a car with one connected to the suspect and released a video showing the suspect now believed to be tellis in a large hat gloves and bright orange shirt. the remaining suspect in the mass stabbing spree in canada has died according to saskatchewan police tonight af

thank you, david spunt.margo cleveland. your reaction to that. the judge sounds like she is signaling she may be open to a special master and she may reveal a more detailed inventory of the material seized than what we're seeing now. what do you think of this development? >> i think it's a great development. i think her question was spot on. what's the harm in this case? and the benefit is so great because no one trusts the doj or the fbi. everything that happened with "spygate" leaves the american public with no trust. elizabeth: talking trump russia? right, talking trump russia? >> right. the russia collusion hoax. nobody trusts them. what is the harm having a third party, a special master going through this material? i just, i don't think they really thought this through. it really is to their advantage for transparency to be, yeah, we don't have a concern with that we have done everything on the up and up, if that is the case. elizabeth: so you know, the doj is saying national security secrets could be a

we're all over it right now with david spunts on what the judge may be signals. we have a constitutional law attorney here where this battle could go and andrew mccarthy on why he says the former president should be worried. welcome. i'm neil cavuto. let's get to it. what we know about it. david in west palm beach with more. david? >> neil, good afternoon. judge cannon announced that she would issue an order in due course. due course in a high stakes case like this could be truly any hour or any day now. we're in unchartered waters here. we've never seen anything like this before. the judge has a lot to decide here. we've talked about this term "special master" a lot over the past few weeks since the federal government went in to mar-a-largo on august 8. a special master simply is a neutral third party arbiter, somebody that comes in, takes a look at the evidence and they may find that some evidence is out of the scope of the investigation and may order to return that evidence with the approval of a judge to donald trump who owns the property at mar-a-largo. so j

we will speak with former aide, and the next revolution hosts steve hilton, but first let's gets david spunt hear a correspondent and joining us live in washington. i david. >> my thought. as you mentioned the economy crisis and then that in this tragic news i spoke to a friend of mine who was in a story and in london today and she texted me that the queen's good dead, long live the king, but it feels like a personal loss to a slot here. as well to all of those in the commonwealth and further afield as you said. this economic crisis and energy crisis is a real threat right now. people have viewed her for the past seven decades as a sign of stability. a sign of country, he is been through ups and down with them. she is a sign of comfort. just a few days ago we shot the last photograph public photograph with the liz truss. they continue to face this brutal economic and energy crisis following the recognition of the former prime minister, they are counting on liz truss and provide a steady hand during these tough times. the help just make the increase, while increasing the corporate tax rate fr

jonathan turley standing by with his learned analysis moments away, but begin with david spunt in west palm beach outside the courtroom. what are we hearing so far, david? >> david: this just began, no telling how long it's going to last, we are in brand-new territory here. department of justice looking to potentially charge the former president with violating the espionage act, and potentially obstructing justice. it's interesting, the trump team last night put out a 19-page filing responding to the department of justice and did not use the word obstruction or obstruct once when the government used that word multiple times. instead, the trump team is focusing on the request before the judge today for a special master. a special master is a neutral third party arbitor, think of a retired judge or attorney not related to the case, come in, take a look at the evidence collected by doj and potentially return some evidence not related to the scope of the investigation to the former president. last night the trump team out with the legal filing argued for a special master. the trump -- the

david spunt has more. david?news, ken starr, 76 years old, well known as independent counsel probing the alleged cover-up of the affair of former president bill clinton and white house intern monica lewinsky back in 1998. he released the starr report, that is how many in america knew him, that eventually led to the '98 impeachment and eventual senate acquittal of been sitting president bill clinton. interestingly enough, both men, clinton and starr, shared the "time" magazine man of the year that year. his defenders said five with a straight shooter doing his civic duty as he saw fit under very difficult circumstances. he was born in 1946 in texas, raised in san antonio, the son of a preacher, interestingly, i am looking at his career here, he clerked for chief justice warren burger, supreme court, reagan justice department lawyer, federal appeals court judge, he had an impeccable resume, in 1990 he was a finalist for a supreme court seat that actually went to david souter. he was president bush's solicitor gener

jonathan turley is standing by, but david spunt is live at the justice department. long could it take for a special master to get through all the documents? >> david: it's going to be a while, sandra. 11,000 documents taken from mar-a-lago, a special master will go through the majority of those documents in simple terms, this movement to have a special master appointed will slow down the department of justice investigation. no question this is a legal victory for the trump team for his attorneys, even if a temporary victory. this order yesterday on labor day by the judge, a federal judge in south florida appointed by donald trump in 2020, she says a special master is in order. she heard oral arguments last week in person from trump's attorneys and federal prosecutors and after nearly a two-hour court session and a long weekend to think about it made her decision. wrote a special master will be appointed to review seized property, and continued, the government is tempo temporarily enjoined from further review and looking for criminal investigative purposes, pending re

david spunt pro west palm beach.neil, the former president's attorneys walked in a little while ago. the department of justice attorneys on their way right now. we're talking about this idea of a special master. we've been talking about it for weeks since the fbi went into mar-a-lago. a special master is independent third party arbiter, a retired judge or attorney that has nothing to do with this case and potentially return evidence not related to the scope of the investigation to the former president. last night, neil, the trump team out with 19-page filing to argue for special master. the former president says it is necessary to have a neutral party to make sure the doj was above bar with every aspect of the investigation. the trump says the government does not cite any precedent the movant, donald trump, has to appoint a special master. past requests for special master, assume rightly a target of search and seizure has standing to seek review of seized materials. doj says as initial matter the former president lac

david spunt is outside the federal courthouse in brooklyn where the hearing is taking place. why is this happening in new york city, david? >> david: the case originated out of florida but named special master, raymond deery, who works in this building in brooklyn, called both parties to his chambers to have an introductory meeting today at 2:00. the former president's attorneys, four attorneys walk into the building. no comment as they walked into the building. but the judge, the special master in this case, john, has his work cut out for him. he has to go through around 11,000 documents by november 30th, he's the special master, a neutral person who will look at the evidence and decide if some should potentially be returned to the former president under executive privilege or attorney/client privilege. expected to be an introductory meeting of both sides where he will set the parameters of this investigation. judge aileen cannon making former president trump pay for his billable hours and his team. as deery does his work going through thousands of documents, merrick garland

correspondent david spunt has tonight's top story. good evening, david. >> this judge's order out hours ago is a temporary legal victory for the former president and gives him more political opportunities to attack an ongoing grand jury investigation into his handling of sensitive documents. >> days after asking what is the harm with naming an outside neutral party to review the thousands of documents seized by the fbi, judge aileen cannon cited unprecedented circumstances in ordering the special master, quote: to review the seized property for personal items and documents and potentially privileged material subject to claims of attorney-client and/or executive privilege. the judge's order still allows the intelligence community to continue its risk assessment of the seized material. but the government for now may not use the documents for investigative purposes. as part of the grand jury criminal probe. the judge noted those records include medical documents, tax related correspondence and accounting information. >> the fbi and the ju

david spunt in live in west palm beach florida with the latest as we approach. this all happening this afternoon. >> hi, sandra. the government is investigating the former president of the united states for potential obstruction of justice charges, not being candid about answers and potentially moving evidence and not being forthright with justice department officials. the trump team filed a 19-page response to the government last night. the word obstruction or obstruct was not mentioned once in that document. today here at federal court the focus is on the special master. for those who have not followed, the special master is a neutral third party arbiter to come in, look at some of the evidence taken from mar-a-lago and potentially return some evidence, sandra, that is outside the scope of the investigation. the department of justice says a special master is not necessary because d.o.j. already had a neutral third party filter team complete a review of the evidence and d.o.j. claims to have the situation under control. the trump legal team said in the filing l

correspondent david spunt is at the justice department tonight. good evening, bret. that suspect is i gore dan chino according to the special filing the judge approved to unseal some of this so the jury can hear during the trial next month we are learning that igor danchenko paid informant fbi october 2017 to october 2020. that's something we had not heard before. i gore danchenko a russian national living in the united states. facing five charges of making a false statement to an fbi official. he was charged last november and served as a top source for former british spy christopher steele's dossier on then candidate donald trump. that dossier turned out to be bogus. john durham wants evidence shown to jurors outlining what he believes is a pattern of federal officials disparaging trump during his candidacy and establishing bias. in his motion, durham indicates he wants emails presented to a jury next month at trial the firing reveals it was danchenko who relayed information to christopher steele about trump and the alleged, quote, lured sexual a

. >> sandra: david spunt is outside the courthouse. any room inside the courtroom? ne going through 11,000 documents in two months, that's what judge dearie is required to do. we are hearing the department of justice told judge dearie in the last 15 minutes or so if the 11th circuit court of appeals, sandra, does not fully get involved in this case they may have to look at other options. one could interpret the other option is the supreme court of the united states. we are in unchartered legal territories here. everything is new, no precedent dealing with a former president of the united states. but as i said, judge dearie, who is based here at the eastern district of new york in brooklyn, has his work cut out for him. of course he can hire a team, but that team will be paid for by the former president, donald trump, according to the order. he will pick up the tab here. dearie is serving as a special master, the neutral person looking at the evidence and deciding sandra and john if some should be returned to the former president as dearie does hi work examining recor

for the latest let's go to correspondent david spunt. >> judge, good to be with you. no road map. unprecedented case unfold behind me at the federal courthouse in west palm beach, florida. attorneys from the government and attorneys for president trump argued before her today over this issue of a special master. we have been talking about this since the feds went into mar-a-lago on august #th. a special master is a neutral third party arbiter, someone to come in and look at the evidence at a distant view and see if some of that evidence should be returned that is not part of the scope of the investigation. trump's team says this is fine. this is food to have a person that's not a trump person or a biden person, but doj has problems with that. federal judge cannon indicated today she was skeptical of the government's opposition to having this outside arbiter examine documents. appoint ago special master. that's what she asked. this after lawyers for the former president told the american -- told the court, rather, the american people don't trust the government when fed

david spunt has the latest at d.o.j. with us now. good morning. >> good morning to both of you.the department of justice. the trump team says it is necessary. i want to show you the candidates proposed by the u.s. government to serve as the third party master. the two candidates proposed by the government are retired judge thomas griffith and retired judge barbara jones. the former president's legal team announced in filing yesterday it has a problem with both choices. we don't know why. attorneys want to wash out the issues behind closed doors with the federal judge and federal prosecutors. trump's team proposed a senior federal judge who is retired named judge and an attorney. the government in a filing last night announced thumbs-up for the judge as a candidate. d.o.j. does not believe the other is suitable given his experience. trump team filed a response to the government's argument that a special master should have limited powers, trump's team disagrees calling it a document storage dispute that spiraled out of control. she wants judge cannon to reconsider her ruling telli

david spunt from florida. >> the hearing begins at 1:00 p.m.rneys from the trump legal team also the department of justice in this building behind me to make arguments in front of a federal judge and make arguments against having this special master. talking about a special master for weeks since mar-a-lago was searched by the f.b.i. on august 8th to bring everybody up to speed, a special master is a neutral third party arbiter, retired judge orr attorney not related to the case and come in and look at the evidence collected by d.o.j. and potentially return evidence not related to the scope of the investigation to the former president. last night the trump team out with a 19-page legal filing dana arguing for a special master. the former president says it is necessary to have a neutral party make sure the d.o.j. was above bar on every aspect of the investigation. the filing says at the outset the government does not cite any precedent for its assertion that donald trump lacked standing to request a appointment of a special master assessing mass