this was vintage judge dearie. and you really do not need to be a lawyer to understand what he was saying to trump. he just came right out and said, look this is a civil suit, it is not a criminal case. you donald trump are the plaintiffs in a civil suit. that means you have the burden of proof. you want these documents. back okay. you are not saying that they are not just declassified. you are not presenting any proof that they are declassified. so you are not carrying your burden. by contrast, the government has established at least by prenup faxai evidence that on its face that they are classified. well guess what? case over. if you do not want to meet the burden of truth, and there's nothing for me to decide. i am not returning classified documents to a civilian. you are not getting these. that was sort of the tenor over and over again during this court appearance. he was saying, look, you don't have to present evidence. if you have strategic reasons why you don't want to present evidence, that's fine, but that

and that is judge dearie. there's a real tradition in the eastern district that they are responsible, they adhere to rules and order, it was a prompt, efficient hearing, it ended at 2:40, with dearie having given everyone an opportunity to be heard. but he also conducted it like an adult in the room and everyone had to behave themselves. that was sort of the atmospherics. with one exception, which we'll talk about, there were no histrionics on the part of either side. and in terms of the merits, the key is -- you know, it really was put up or shut up, but it was said in a -- with a -- >> in a dearie way. >> in a judge dearie way, exactly. and he, at the outset, made it clear, he said, you may have, trump team, you may have litigation reasons and strategy as to why you don't want to tell me or the world in a court of law that these documents are classified. that's fine. but if you don't do that, i have in front of me a case, the government has set forth sufficient evidence that these are classified, for god sak

they were not expecting judge dearie to ask for this. they thought it would be like judge cannon, really straightforward, we can just roll our way through this, and the fact that they were put on the spot, i think, came as a bit of a shock. >> and let's go back to hirschmann for a second, paul butler. is it, you know, they can say whatever they want about him. he defended trump in his first impeachment. they thought he was a good lawyer when he was on their side. this is a guy who was admitting that trump knew that there could be legal liability if he took these documents home. is that potentially a legal problem for him? >> it's totally a legal issue for donald trump because the issue with him is always his intent. did he have criminal intent? did he know that what he was doing was wrong? and with regard to these documents, there's so much evidence including the fact that he was requested to turn over these documents very politely first by the national archives and then there was the grand jury subpoena, which he still didn't hand over

and then judge dearie is going to go and settle any disputes.annon who ultimately has final say. i think he said in the hearing, right or wrong, i'm going to give my recommendations to cannon. >> "the washington post's" perry stein far and away the superior stein on the show this morning. thank you so much for bringing us your reporting. it's a low bar, let's be honest. thank you for being here. appreciate it. >>> coming up next, the women of ukraine fighting and their message to u.s. lawmakers. "morning joe" is coming right back. it's the all-new subway series menu. twelve irresistible new subs. the most epic sandwich roster ever created. ♪♪ it's subway's biggest refresh yet! bipolar depression. it made me feel trapped in a fog. this is art inspired by real stories of bipolar depression. i just couldn't find my way out of it. the lows of bipolar depression can take you to a dark place. latuda could make a real difference in your symptoms. latuda was proven to significantly reduce bipolar depression symptoms. and in clinical studies, had no subs

let's talk about judge dearie's patience as a jurist?ng about a judge, to your point. worked on the fisa court. somebody who oversaw secretive legal filings this country has. an issue of classification, somebody well versed in the topic. understanding special programs that exist, very need-to-know information he highlighted yesterday. he had a reticence handing them over to the trump team to review noting secrecy contained in them. patience as a jurist, it's ran out already and he's moving on and doesn't see a reason to look at these it documents absent some filing from trump's attorneys. i think at this point through the hourglass as relates to jump dearie on this issue. >> tom, a lot going on. also news new york attorney general letitia james, who has been investigating finances of former president trump is expected to make a "major announcement" later this morning. no details given about nature of the announcement, james previously indicated that she could sue trump after rejecting an offertory resolve a civil investigation into the f

can we start with the choice of judge raymond dearie. chances are the trump team didn't pull this out of thin air. what we know about the way donald trump thinks, they chose judge dearie thinking that he would somehow be on their side or favor their argument. do we know why that think that, and do we know if they had any preliminary conversations with him before he was chosen? >> from donald trump's perspective he saw a couple things. he saw a 36-year veteran of the federal bench appointed by ronald reagan, a republican, conservative back in 1986, but somebody who also has sort of cross ideological appeal whose reputation has been built over the past three plus decades to the point he's almost universally esteemed and respected and i think in that they saw somebody maybe who would lean their way and palatable and acceptable to doj. we've seen reporting from axios trump's team believes this judge may be skeptical when it comes to the fbi because he's one of the fisa judges, foreign intelligence judges, who signed off on the carter page wa

judge dearie said that on day one. he says let's just be real. you wear the plaintiff, you have the burden. you may have all sorts of reasons why you don't want to submit anything, but then you are not going to win here. and frankly, i think that is ultimately what's going to happen because as you said, he is going to -- when you are a defense lawyer, what you have on your side is a very little except of the elements of surprise. so that's gone now. and the one thing he can't do is submit something that is false. because if he does that, judge dearie it's going to be all over him, and it will be just another potential, criminal charge. because lying to a federal judge will be a problem, not just for the lawyers, but also for donald trump. so he is really strategically made a terrible blunder. >> well, you know donald trump threatened to sue me on -- or through twitter, ten years ago, when i first started calling him a liar on this program. and i begged him to, assuming for exactly the same reasons as a new york times, then i get to put him under

so, and judge dearie said i understand that is your view. i think that there was a dispute whether these were classified are not, and then he would have a different role -- >> you had to make an informative. case >> exactly, just remember, trump is the point of here, so that will be his burden. judge dearie was loudly saying, put up or shut up, and he did it in a traditional way. >> andrew weizmann, thank you so much. >> you're welcome. >> coming up, florida governor ron desantis said he wanted to be mean to government -- immigrants, and now that is blowing up in his face. >> here we have 48 people, ready on hard times. they're here legally in our country at that point. they have every right to be where they are, and i believe that they were preyed upon. someone came from out of state, porta-potties people. >> some strong words from the law enforcement in the county of texas for those folks who were recruited. the latest on the new investigation into the cruel stunt next. stunt next or sharp, stabbing pains. ♪♪ this painful, blistering rash

trump's lawyers say dearie has requested something they don't want to give him. trump has claimed he declassified some documents so dearie is saying show me which ones. and trump's lawyers are pushing back. cnn senior crime and justice reporter tracking all of this. first because it just dropped, fill us in right now on how trump's team has responded to the appeal from the doj. >> reporter: ana, they're opposed to it, to put it simply. right now they like that the criminal investigation from the justice department is on hold. they like that they have a special master in place so the two things that are happening right now, they like how things are. they don't want an appeals court to step in. on top of that they really do indicate they like the ambiguity around whether or not a hundred documents that have classified markings on them are indeed still classified. right now the trump team hasn't been willing to say in court whether or not trump actually declassified them, which ones, and the justice department, they're saying, the justice department hasn't been able

for their first conference with the newly in pointed trump picked special master, and judge raymond dearie. gary is a senior judge in the eastern district of new york.eis brooklyn is his turf. two hours after trump's team cast out on the government's assertion that these documents are classified, again, ca reportedly classified, with air quotes.encl yes, like this very clearly marked documents you see right now on your screen. reportedly classified. the special master, again, and pick by trump, especially says, i'm inclined to think they are indeed classified. before i read this quote, quick classical lesson here. you should know that prima flashy evidence means on the hy face of it. here is judge jerry on these documents, speaking to trump's attorneys. the government, of course, once the classified documents off thh table for the moment at least. and i understand that. we're dealing with presumably highly sensitive information. if i'm going to verify the classification, what am i looking at? is there a claim that the document is classified that should not of been classified?th is that in

the doj does not feel dearie is needed in this case. they believe they can handle it on their own.trict judge aileen cannon from florida, the original judge, told federal prosecutors they may not continue looking at roughly 100 classified documents while the special master, raymond dearie does his work. doj must put aside the documents, not use them until after he's done, but that could be a few months and clearly it will be a few months if you ask judge cannon. federal prosecutors argue that time is ticking over potential national security concerns. now, moving to the 11th circuit is risky because six of the 11 judges are trump appointees, and listen to this, john and sandra, last night in a notice to dearie, trump's attorneys expressed serious concerns about his request the former president should answer questions about the nature of the seized documents, they did not want dearie to fully and exclusively disclose merits of any subsequent indictment without being evident in the district court order. in english, hearing the word legal team indictment, it's possible the former presi

and she's given raymond dearie until november 30th. so that's over two months, to hit the pause button, on what they're able to do, and go through, in these assessments. >> david, i think it's really important that, and really dangerous, to label people trump judges or obama judges or clinton judges or bush judges, the justice department is supposed to be above all that, but when you read a decision like this, it's lard -- hard not to worry about the motivation. am i wrong about that? >> no, i don't think you're wrong but i really want to blame donald trump for this, and this is, i'm concerned that this is, this shows the impact he's had on the judiciary. all of the tweets, all of the talk of obama judges, he is the one who started this. he's the one who started the idea of locking up your political opponents by saying lock her up. and so i'm afraid that judge cannon is somehow afraid of offending donald trump, and ruling against him. she just goes out of her way, basically to punt this decision to judge dearie. she is a judge, she sho

that just isn't going to be judge dearie's reaction, i predict.ng to put up with unnecessary delay from either side. >> let's get your reaction to the other headline that willie read there about eric herschmann, the trump attorney no longer an employee at the moment, who warned the former president, you could be in legal peril if you don't give back those documents. what does that mean to you. >> jonathan, of the two stories, that's the key one. the issue of the special master is something we'll get through. that's just a question of when is the government going to be able to use these documents, and that's going to happen. it's just a question of, you know, days or weeks and potentially months, but it will definitely happen. the issue of eric herschmann is critical to the government being able to bring a case against donald trump. the key issue for prosecution is the state of knowledge and intent of any defendant. you want to be able to show they knew there were these documents there, and they knew that it was illegal to not return them. so havin

it will be interesting to see if doj makes that argument tomorrow or permits judge dearie to go aheaduld absolutely engage in an order like that. of course, it would have to be reviewed by judge cannon before it was affirmed, but we have just gotten in the last few minutes some inkling from the trump camp of where they're headed on this. they filed their letter to the court that judge dearie solicited from each of the parties and the trump parties have said they should not have to have any further support for their argument that these documents have been declassified, put forward until november. and so what they're in essence trying to do is get past the midterm elections or it appears they're trying to get past the midterm elections before they have to engage on this argument, pushing back doj's ability to reclaim control and the ability to use these classified materials even further. now, we're talking at least six weeks down the line. >> let's go through this just a little bit. we do have a few little details here. apparently, the quarterback for trump's legal efforts is boris epsh

dearie said i think i'm doing what i'm told. 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 that could be considered classified as special master raymond dearie continues his work. they can touch the documents once he's done with the work. federal prosecutors argue time is ticking over potentially ongoing national security concerns. the appeal to the 11th circuit is somewhat risky. the reason six of 11 judges on the court are trump appointees. if the 11th circuit doesn't give prosecutors what they're looking for, they may go to the supreme court. dearie has until november 30th, neil, to go through 11,000 plus documents, about 100 th

judge dearie is a no nonsense judge. he's not going to take pr statements and say that that has any merit in his court. he's going to say, as these guys said, prove it. this is a very dangerous scheme for them to play. as nick said, this is just another criminal charge waiting on other criminal charges being investigated. >> how do they play it, than? >> i think they declare victory in some way and get out of this thing, because this is not going to end well for them. this is going to end with perjury charges. it's going to end with a hearing being called that they are not prepared for. and if they tried the pr strategy and judge dearie's court, it's going to be worse for the lawyers. >> okay. and politically it's terrible. but let me just say, they're gonna claim victory of some sort, some way. how does one do that in this instance and then get out of this? how do you get out of it at this point? are they in for a penny, and for a pound? >> all we really care about is the mystery special master looking at the other item

last night a judge in florida formally appointed new york senior district judge raymond dearie to be the special master to review the thousands of documents seized during last month's search. he was the only candidate acceptable to trump and the justice department. the judge also denied the department's request for continued access to roughly 100,000 -- i should say 100 classified documents for use in their criminal investigation, saying she isn't prepared to accept the doj's assertions at face value without the special master review process. a source familiar with the matter confirms to nbc news that former white house chief of staff mark meadows has complied with a subpoena from the justice department in its investigation into the january 6th attack on the u.s. capitol. a spokesperson for meadows declined to comment. nbc news has also reached out to the justice department. with us to take a closer look at this, justice and intelligence correspondent ken dilanian, sin thee ya oxny and frank figliuzzi. good morning, what else did the judge have to say in her order last night? >> judg

that's what judge dearie did today. the talk about you can't have your cake and eat it too was a function of what the burden of proof is in a civil lawsuit that the former president filed. he actually has to put evidence in front of the court that suggests that he is entitled to relief. one way to do that is to claim he had declassified the documents so he had a right to have them return, and judge dearie's frustration is if there's no evidence in the record, his path is clear. simply rules in front of the government. that's the outcome trump set up and that is likely what he is coming to grips with this evening. >> then beyond putting roadblocks and delays in place, joyce, does trump legal team appear to have any real strategy? >> they are hamstrung by their client. and you can read so much of trump's voice in these pleadings, this insistence on arguments that don't make sense and don't conform to legal requirements. that's pretty much his hallmark of creating this alternative reality where the facts are what he says t

so judge dearie's parameters. one other note, just in the last half hour, guys, i think it's important when we look around the layers of investigations, we got video a half hour ago of tom garrick entering the courthouse. he is the former inaugural chairman of donald trump's inaugural committee back in 2016. he was a friend of nearly four decades to donald trump, a longtime informal adviser. he was indicted a year ago on charges he workered as a foreign agent on behalf of the uae without ever notifying the u.s. government. his trial starts this week. while the special master will be meeting with trump attorneys and the department of justice, that trial is beginning here and tom barrick is here as well in brooklyn. >> tom winter. full employment act for lawyers i guess. let's stick with judge dearie. the ink is barely dry in his appointment as special master. >> right. >> he is off and running on this monday morning. my questions, are you surprised at the accelerated pace that the judge seems to be inflicting, impo

in fact, the atrium in the courthouse is named after him, raymond dearie. he's setting the table today saying, okay, let's figure out the agenda, how we're going to go through this. he was trump's pick for special master that the justice department did not object to. but the trump team is already finding some issues with some of the ideas he's put forward. the judge, raymond dearie, saying we should go through categorizing these documents, what is personal, presidential, privileged by october 7. trump's team saying we might want to push back the deadlines and have more time. in addition this issue of classification, judge dearie, the special master, hitting that right on the head saying he wants specific information from the trump team about declassification. now trump's lawyers saying in their filing last night that this is premature, that they, in fact, don't want to say anything about it because it could go to a possible defense if there is an indictment down the road. we expect the issues to come to a head in the hearing. they are filing for a quick mov

dearie said, quote, you can't have your cake and eat it, too. end quote.rie 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 for a possible indictment. as dearie examines the record, attorney general merrick garland and the department of justice are appealing to the 11th circuit of appeals in atlanta over the need for a special master in general. this could short circuit the whole special master review. the reason, bret, judge cannon, aileen cannon pictured here told federal prosecutors late last week doj must stop looking through the classified documents until dearie is finished with his special master work. doj argues the time is ticking over potentially ongoing national security concerns. the bench comments from judge

dearie. and that is, assuming there is no appeal process that got in the way, that he got to work on this right away, he looks at the 100 classified documents in a day, and immediately declares the should go to the government, that donald trump has absolutely no possessory interest in them and no interest in them whatsoever. that is how i have rules. i am not going to show them to the plaintiffs counsel. can he do that and can he do that quickly? >> i think the part about not showing it to plaintiffs counsel is where he could get procedurally in trouble. and i don't see him doing that. but what he can do is act very quickly. to brad's point is, what he can do is say, okay, i see these documents returned to the trump team in a way that judge cannon has not because he is an experience federal judge and also, say, what specifically is your argument? you can argue these are declassified. that is irrelevant. these were called for by a search warrant. they were found pursuant to a search warrant. w

so, the judge dearie, judge dearie clearly is not having it, erin. >> it's pretty significant.phanie, trump's lawyers put judge dearie forward as a candidate for special master. this was the guy they put forward and the doj said, okay, fine. now here he is questioning the heart of the former president's defense here. here is what trump just told hugh hewitt a spew days ago. >> did you take those papers down there after declassifying them innocentliy? or did you have any idea they were there? >> remember this, everything was declassified. >> but here we are, stephanie. and the judge is saying, well, there's no evidence of it, so sorry. what do you expect trump is doing right now? >> well, i expect that he's probably yelling at whoever suggested judge dearie. because i imagine that he thought this would be a person who would just do whatever their side was hoping for. i've got to say it's interesting to me that the whole -- you know, you can't have your cake and eat it too because that is honestly just how trump thinks. he's going to double down, double down, double down. so it's

did it feel like judge dearie was issuing a brush back to the trump legal team? and sounds like that and the written version of this. but what was the mood like in the court? >> well, i was very cordial. it's not a judge who raises his voice. you, know a great deal. but from the very outset, the first few minutes of this 40-minute hearing, it was clear the judge was trying to send the trump team a message, as you say, a heater, a brush back pitch, by saying, you, know if you guys want to pursue some litigation, that's fine here, but i'm not gonna allow it to delay this proceeding. and it was that kind of tone that we heard from him again and again. he let the trump lawyers have their say and it come back with some sort of rejoinder. most of those episodes that you just covered. so there was no question that there was a bit of tension, and tension around their. it seems like the trump lawyers and the judge, wednesday it was oil and water, but there are not fully nsync. they went on the same wavelength. >> well, clearly not. he keeps offering them this opportunity

also tomorrow at 2 pm, the special master himself, raymond dearie, we'll hear from trump's legal team and the department of justice for the first time. he's already asked team trump to explain the ex presidents declassification defense. today, trump lawyer sent the special master a letter, refusing to do that. an important reminder, it is now, in more than six weeks since the mar-a-lago search, and there's still absolutely no explanation from trump about why he had the documents. last night on 60 minutes, president biden was asked what he thought when he first thought the classified items that were recovered by the fbi. >> i don't know anybody could be that irresponsible, and i thought, what data was in there that may compromise sources and methods? i have not asked for the specifics of those documents because i don't want to get myself in the middle of whether or not the justice department should move or not move. >> meanwhile, trump was back on his social media site, saying he has returned to mar-a-lago for the first time since the fbi's search his post included several france going

and then he demanded that judge dearie be that special master. judge cannon gave him everything he wanted, and now in judge dearie says okay, i've been tasked with this review, so i'm going to need some information. and we need doj to certify that there is inventory of what they seized is accurate, i mean you need donald trump to do the same because he's been spouting off this nonsense about the fbi planting documents. that's a sensible request from a special master he was taking his responsibility seriously. and for judge cannon to swoop in and basically over rule judge dearie who is been tasked with doing this review. people said the judge dearie put a put up or shut up order in place, and now it feels like judge cannon says, no donald trump will not have to put up anything and judge dearie i would kind of like you to shut up. >> what is the rationale? with the exception of oh, donald trump wants me to slow play this and he needs more time, what is the legal rationale to delay this thing? >> there is no legal rationale. apparently, donald trump

i will tell you new york lawyers love judge deary.e is a fair guy, he is a bright guy, he can take fighting parties and get them together and settle cases. tremendous respect and he is a fisa judge, he is on a foreign intelligence security court. perfect choice to do this. he will get it done fast, that's my bet. >> one of the things i thought was interesting reading judge cannon's decision yesterday was that she said that judge deary should look at those classified documents 100 plus of them and then, quote, thereafter consider prompt adjustments to the court's orders necessary. meaning -- i think what she's saying there is go through them as quickly as you can so that doj can have access to them again, right? >> i think it means that and i think she's saying if you find a questionable document that's important, get back to me right away. >> right. >> maybe i will change my ruling. because, remember, he's really only looking at two things, one, are there attorney/client privileged documents among these classified documents? well, for

that is exactly what judge dearie did today. but the talk about, you can't have your cake and needed to, was a function of what the burden of proof is in a civil lawsuit that the former president filed -- actually has put evidence in front of the court that suggests that he is entitled to relief, and one way he could do that would be by the claiming claiming he had declassified documents. so, he had a right to have them returned. and judge dearie frustration is that if there is no evidence in the record, then his path is very clear. he simply rose in front of the government. that's the outcome that trump set up and that's likely what he is coming to grips with this evening. >> then beyond putting roadblocks and delays in place, joyce white vance, does trump's legal team appear to have any real strategy? oes trump' legal team appea>>r they're har client. and you can read so much of trump's voice in these pleadings. this insistence on arguments that don't make sense and don't conform to legal requirements. that's pretty much is ha

and now judge dearie has done it again. he said i need to know if you're claiming the fbi planted any documents. that is an appropriate thing for him to ask because he has been tasked with reviewing the documents that were taken from donald trump and seeing if there might be any privilege attached. well, if the trump team says you didn't actually take this batch of documents from me, the fbi planted it, well, no need for judge dearie to review that batch documents. but the trump team has got to be asking itself, one, was this a smart ask because it doesn't look like we're getting anything out of the special master review, but it does look like it is hurting our litigation position in the future. you even have to wonder if they are contemplating withdrawing their request for a special master because judge dearie also said in this most recent order that i'm thinking about holding an evidentiary hearing regarding these claims that you are making about declassification and the fbi planting information. and the last thing team t

this is where, like, i know judge dearie. lots of people here know judge dearie. you, you could not ask for a better selection. he is the epitome of what you want a judge to be. he is smart, he is fair, he is wonderful interpersonal skills which i think is going to come in really handy in how he deals with judge cannon. and i think he will be very good at making her understand sort of how to behave and sort of why he's making the decisions he's making. so from the doj perspective, the good news is they know their backup is no matter what happens in the 11th circuit, they should be able to prevail there. but judge dearie is somebody, you know, i always say what you want from a judge is when you're right, you'll win, and if you're wrong, you'll lose. and that's all you can really expect. and you'll get that from judge dearie. >> i'm going to take it because i will take any good news at this point, andrew weissmann. thank you very much. i'm wrapping that up in a bow and taking it home. thank you very much. have a great weekend. >> all right, coming up, republican sen

nancy, i don't envy judge dearie here because it's very unclear what he is supposed to do. the first thing he's asked is for the trump people to say what trump may have declassified or says he declassified, and the trump lawyers respond by saying, you can't make a say that, that we will force the plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment. what is he supposed to do here? >> i feel like saying beats me, but i'll be better than that. it sounds like he wanted trump 's lawyers to do what they should've been doing for two years, which is, identify specific documents that don't fit under the presidential records act, that don't fit within classified documents regime, and are documents as to which he has a proprietary interest. bear in mind, it's still extraordinary. we're focused on this case, but in fact, trump had these documents from january of 2021 until this past summer. so, he had an opportunity at any point to say, hey, these are mine, and here is why. and now, when asked for him to say that, saying, we're not about to

could judge dearie himself, refused to look at anything work classified? i think -- if that's within his -- meaning the judge says i deny what the government has requested, and the government doesn't appeal, that which are two big gifts. and she says that's what i want to special master to do, then i don't think judge dearie would say i'm not doing, that he would follow the agreement that he was given. i personally don't think that the trump team is going to like his answer, because judge dearie is smart, and he will make a decision quickly. these are not complicated issues, and he will also follow the law. a little here is so clear, i think he has to be -- i think you probably views this as part of the service, but i think this will be one where you'll want to make sure the people want to make sure that is fair objectively, but i don't think these are actual or legal issues. >> it's gonna be another dramatic week in this case, with the justice department promising appeal as early as thursday. andrew weizmann, mark zaid, thanks so much for joining us tonig

anything dearie decides can be feel to the judge down in florida. we already have issues pending at the 11th circuit. the notion this is gonna be resolved anytime and the next couple months, i think, is kind of a fantasy. and it does seem like the trump team, even though they're saying they're not seeking delay, as you say, and each instance they're requesting a somewhat longer timeframe than the government. for the exact same stuff. >> it's piecemeal bargaining. we're talking about days, weeks. but it all adds up. >> to be fair, they won one of the arguments with the judge today, about picking the vendor -- they said, you can have to end of the week, he initially wanted the them to do it by end of tomorrow. he gave them a few bones, if you will. it wasn't all conflict and i don't think he wanted to draw bright line in front of them and say, this is where i'm coming down. >> so, does this investigation. there multiple levels taught us. to all of this. we also have breaking news tonight that letitia james, the new york attorney general, is announcing

so why did the trump legal team suggest dearie in the first place?y alonzo knows the judge and here's what he said. >> he was probably on the list, because trump thinks that republicans are going to shade toward republican causes, and that not only is wrong, but it would violate the judge's oath, both as a judge and no doubt as a special master so he's not going to shade anything he's going to do anything what he is supposed to do >> reporter: tyler, national public radio reports in one case dearie oversaw a member of al qaeda that told a judge he was not a threat to society, saying i'm not a criminal that's what the al qaeda member said judge dearie said, i know you're not. you're a terrorist that gives you some sense of the man. >> thank you very much >>> a woman by the name of irene gokwa is missing under suspicious circumstances she came to america from kenya three years ago to pursue a career in health care. she settled in wyoming, where she lived with her fiance. she was in constant contact with him until one day when something seemed off and h

but the most important part of judge dearie's law in order that he issued on friday says a by friday of this week, by friday of this week, time is up donald trump in this case, because donald trump's lawyers must submit, quote, a list of any specific items set forth in the detailed property inventory, the plaintiffs officers were not seized from the premises on august 8th, 2022. judge dearie wrote that order two days after donald trump said this. >> the problem that you have is they go into rooms, they won't let anybody near them, they want to let them in the same building. they drop anything into those piles, or did they do it later? >> donald trump is not going to be time outlining street. donald trump has been suggesting repeatedly that the fbi planted evidence when they were executing the search warrant. judge dearie is ordering donald trump's lawyers to identify that planted evidence, by friday, donald trump's lawyers will of course not do that because they do not want to be caught lying to a federal judge, because that would be the end of their careers, and they will be convict

want dearie? and can he now say can we cancel the special master? plans >> i'm sure if he could he would. i think what they're gonna try to do is get as much out of dearie and back to judge cannon, the judge who wrote the ridiculous, truly ridiculous opinion saying basically donald trump the former president gets special rights including a special master. she was basically trying to crown a king and saying he gets these privileges for the rest of his life. it was absurd, was flatly rejected, but none the less, that someone in the recent past has done trump's bidding. at the end of the day though i think steph, this will all lead to washington, d. c. where i think it's very hard for merrick garland not to indict donald trump in federal court. it looks like the evidence shows he has committed very incredibly serious crimes and the rulebook requires it. trump is not just committed those crimes, he's lied about through his attorneys, saying he returned all this information. when it's clear he didn't.

judge dearie's trying to get to the point. he asked a question, you'd like a simple answer, and he is simply not getting that. >> welcome to brooklyn, donald trump, you're not in florida anymore, not with special master dearie. claire, he appears to be fair and speedy how is that going to play in trump world? >> i think they're going to try to stall. that's why they asked the special master in the first place. it probably was a surprise to them that doj agreed to one of their suggestions for a special master. clearly, this particular judge is well known as fair and nonpartisan. and honestly, if you look at everything that's going on right now in the world of law and donald trump, there's so much more donald trump should be worried about. he has got six different investigations going on, one in georgia, two in new york, one in doj having nothing to do with the documents, the january 6th committee is still very busy. of course, the document case, and as we all know now, maga stands for making attorneys get attorneys. he's having

dearie said essentially, you know, you've insisted that the records were declassified.'t. we don't want to do that because it could potentially complicate our case if it we face an indictment. so do you expect them to finally produce evidence of these claims that they're making or do you expect them to try to skirt it through careful legal ease like they once did? >> i think it's very risky for them to assert that these documents were declassified if they were not. i think most of us are very skeptical of donald trump's allegation that they were declassified saying that most recently that he can declassify just by thinking that they were declassified. because when lawyers make statements, it is, you know, in court under penalty of sanctioned, disbarment, fine, or even criminal charges. and so there is a consequence for false statements in court. and so my expectation is they won't say so. of course, that fact is a total, as the court said, red herring because the allegations that were used in this search warrant, the statutes, don't even require the documents be declass

he is raymond dearie, senior judge from a northeastern district, and he gave him an extra month added to the tile line proposed by the justice department. and this is a hiccup in the investigation of the former president akd thend the handlin the most sensitive secrets. it also freezes a national review to be a time to be determined. with me, evan perez, katelyn polantz and also elliott williams. number one, we'll get in to the details, but the biggest piece of this is it slows things down. >> it really does. and what this means is that the justice department still can't review these documents, or at least that is the reading of what she wrote, what the judge wrote. part of the problem with the order, there is very vague language in there that suggests that if the justice department wants to look at certain parts of the documents for its criminal investigation because it is so intertwined with the review, the risk assessment being done by the intelligence community, then she's okay with that and she's leaving it up to them to sort of decide that. but if you are the justice department,

the justice department said it would allow raymond deary to review the material, writing deary have substantial judicial experience during which they presided over federal, criminal and civil kays involving national security and privilege concern. deary was nominated by ronald reagan in 1986 serving for the eastern district of new york until 2011 and seven years on the u.s. foreign intelligence surveillance court. he approved an investigation into former trump advisor carter page and his alleged ties to the russian government. approval clears way for deary's appointment by sean almeida /* /* ileen cannon. trump's team says the doj is seeking to limit the scope of any review of investigative conduct and presusuppose the outcome in what is deems classified records. deary would determine which documents be shielded from federal prosecutors. >> carley: mayor of suburban chicago town calling out the mayor, craig johnson of elk grove says the governor sent migrants to his small town without any time or notice. >> i was upset i didn't get courtesy of a reach-out. when somebody makes a mistake, the way

the trump legal team they wanted this special as he's called, but now judge deary, judge dearie wants answers. what stood out to you from this first hearing today? >> a number of things. number one, does not abide nonsense, does not abide logic and all sorts of claims that have been made on the air waves, on television programs and rallies the judge is not satisfied unless he hears explanations brought in court. so, for example, on the issue of whether these documents are classified he essentially said that the government has made what lawyers call a prima facie case. i think he made very clear he's not going to accept circular or silly reasonening or arguments. he's going to get to the bottom of things. he's going to do it quickly on a more fast schedule than trump lawyers want, so i think maybe when they put ray dearie on the list to be special master they may have gotten more than they bargained for. >> good point. the judge also says he has to assume these documents aren't classified unless the trump team argues otherwise. so why is the trump team continuing to dodge this question

dearie? he's someone that doj didn't suggest. he wasn't one of their candidates, but they agreed to him. what can we expect if expectations are still a thing for any of us on this story, from him? >> sure. i noted fairly well -- you know, i practiced for many, many years in the eastern district of new york, that's sort of brooklyn, u.s. attorney's office. he was the u.s. attorney there. he also was a judge for many, many, many years. he is universally beloved. it is -- he is somebody who the defense bar and the prosecutors both want to appear in front of. that's saying a lot. everyone knows that he is compassionate and fair and wise. and i also think one attribute that he has will come in very handy. he is an extremely good read of people and has very good interpersonal skills. and i think for a judge as new as judge cannon, i think having somebody like judge dearie to help out in this situation, to be a bit of a role model, and i also think it will be very hard for her to overrule him. not impossible, but you have somebody who's

lawyers are soaring to both sides of the i would say the judge dearie is no nonsense, he is fair.ood and solid judge. as you know, he has experience as a five court judge between 2012 and 2019. not only does he have experience with classified materials, it is very recent material. one of the quarter page applications that was the subject of the justice department office of inspector general report was presented to judge dearie himself. that being said, one thing that judge dearie does not have a reputation for being is particularly fast. one thing you probably have noted is judge dearie have senior status in the eastern district of new york. that is not just an honorific. it means the judge jury is at a point in his career where he has a reduced caseload and have some say over which cases he takes. in late august he would announce that he would go on inactive status. that is really the official form of retirement. now it seems that he is not going to do that. all of that to say, someone who is approaching retirement may not want a matter that would proceed as fast as the justice d