that's where deery currently serves as a senior u.s. district judge for the eastern district of new york. typically this kind of hearing is merely procedural and establishes filing practices and timetables for the review of documents in the case. but just prior to today's hearings, trump's attorneys stated in a filing late last night that they do not want to disclose to judge deery which mar-a-lago documents they assert the former president may or may not have declassified pushing back against judge deery's apparent proposal that they submit "specific information regarding the declassification" to him in the course of the review. they claim that until or unless they decide to fight the fbi search warrant or if they decide to offer it as a defense following any potential indictment, they should not have to disclose any details about declassification that would also be shared with the doj. it was no the a requirement of eileen cannon's order when she appointed deery as special master. they also stated it could harm trump's defense against

he was not working for russia but those believe deery may be skeptical of the fbi. the bottom line, john, we are in unchartered legal waters here, no one knows what's going to happen. we expect it to last about an hour. well bring you updates and sigh in about an hour and a half, john. >> john: see you soon. david, thank you very much. interesting to see how deery rules here. >> update on that and bring that to our audience as it comes in. meanwhile, the live pictures, explosion at an apartment j in chicago has sent at least six people there to the hospital. it happened in the south austin neighborhood on the city's west side. it appears the building's top floor was completely blown out. you can see debris lining the streets there. chicago fire says at least ten ambulances were sent to the scene and adjacent buildings were being evacuated at last update. no word yet on the cause of this, but right now the local gas company there says there is no reason to believe the cause is related to gas or any of their equipment. we are going to bring you more information from t

i think it would make sense to pick judge deery at this point. i don't think it was so much of an olive branch the justice department was extending by acknowledging judge deery's acceptability. judge deery is a well respected judge in the eastern district of new york and brooklyn, well respected for decades. and he served on the foreign intelligence surveillance court. the court that handles fisa applications and is fully qualified to review classified information and handle it. so he is actually a good choice. i think the only reason the justice department didn't agree immediately is because the trump people voted the name six hours before the filing deadline and hasn't run it up to the flag pole to the department of justice tlfrjts are still serious issues to be worked out when it comes to the special master. what do you see as the big ones? >> you are exactly right. there are still a lot of issues to be resolved. one of the most important legal issues is the one that we've talked about on the show before, does president trump as the former pre

his name is raymond deery, he has until november 30th to finish his work. i probably don't have to tell you is after the midterms, that deadline. splitting the difference between the doj, which wanted him to finish up in october and the team trump, which preferred 90 days, that as a federal judge rejected the justice's department to restart its investigation into the documents state your name turned up in the search of mar-a-lago. they could appeal and go all the way to the supreme court. so lots more to come on the investigation swirling around the former president and team trump. plus give us the reckless and, those words are ironic in the face of what critics call a cheap political stunt, dropping desperate men, women, and children, many with no other option in martha's vineyard in new york and washington, including outside the official residence of vice president kamala harris in what looks like a cynical competition to outdo each other and fly migrants across the country. >> any about the governor of florida, one of the largest states in the nation, sp

and judge deery is saying you're making the wild claims publicly these were planted, prove it. send me a list that were planted. present that in a motion and then we'll go through this piece by piece. he is a reagan pinted judge. i want to be hopeful. there are good conservative judges.iv and, you know, two on the 11th circuit did the right thing. it's just very important for people to believe there can be sort of public servants in these positions. not everyone has to be so partisan and polarized. >> not even a question of glass half full or empty.lf the only judge who really done jump's bidding is eileen cannon. she did a strange thing today. so perhaps the judiciary is as strong as we had hoped it would be. >> we'll see. >> we shall see david, thank you for your time. y much more ahead this hour including what is behind this very curious scene front of a federal courthouse today in washington, d.c. these three suit clad men have one big thing in common. they're all lawyers representing donald j. trump. next, mark caputo joins us with revelations about connections to a florid

raymond deery was the only choice they both agreed on. he's been a federal judge in the eastern district of new york since 1986. he retired in 2011. he's now a federal senior judge. he was on the fisa court. deery has until november 11th to review the documents seized. >>> a gruesome discovery in a liberated town. mass graves. cnn is live there. >>> tropical storm fi oh na. and president biden meeting with two families of people being held i in russia. with a painless, one-second scan i know my glucose numbers without fingersticks. now i'm managing my diabetes better and i've lowered my a1c from 8.2 to 6.7. take the mystery out of managing your diabetes and lower your a1c. now you know. try it for free at freestylelibre.us ♪ today, my friend, you did it... ♪ today you took delicious centrum multigummies and took one more step towards taking charge of your health. they're packed with essential nutrients for energy and immunity support. so every day, you can say, ♪ you did it! ♪ with centrum multigummies. nurse mariyam sabo knows a moment t

and it is a man originally put forward by trump's legal team, judge eileen canon appointed raymond deery, a senior judge from new york to review the documents taken from trump's florida resort and he's been given more time than justice department would like, until november 30th, to complete his review. judge canon also rejected the justice department's bid to resume its criminal investigation into those classified documents and as cnn's jessica schneider reports for us now, this could set up a legal fight that could reach all the way to the u.s. supreme court. >> reporter: former president donald trump's lawyers doing a victory lap. >> it was a major win. >> reporter: celebrating a judge's decision to name a special master to sort through more than 11,000 documents the fbi seized from trump's florida state. the stage now set for a legal showdown with the justice department, which is expected to appeal. >> on appeal, the 11th circuit will look at what power did judge canon have to undertake this remarkable and extraordinary step, which is to introduce a third party, this special master in

the judge officially appointing raymond deery to oversee the evidence, she is urging deery to completeer 30th. justice department cracking down on corporate crime, the agency will allow more companies that voluntarily report misconduct and cooperate on actions to avoid pleading guilty and claw back compensation from executives involved in bribery and fraud. the deputy attorney general lisa monaco announcing the list of changes during a speech at new york university's law school, thawas yesterday. carnival cruise line rolling out new cur curfew for underage passengers. those 17 and under are no longer allowed to explore the ship after 1:00 a.m. without adult supervision, which is part of the company's commitment to safety. finally, the kansas city chiefs and patrick mahomes getting the best of justin herbert and la charges, the chiefs took a victory after a 90-yard, that wasn't the only low for the chargers. this nfl season is going to be all injuries and no game. if this is any indication. president biden taking a victory lap, holding a rose garden event celebrating a tentative deal to

they write that judges jones, griffith, deerie have substantial experience and they have presided overriminal and other cases vofrg national security and privilege concerns. the government respectfully opposes the appointment of paul huck jr. who does not appear to have similar experience. the same time, attorneys for former president donald trump informed the judge they oppose both of the doj's proposed special master candidates but didn't provide any specific reason as to why. in a filing monday, the team wrote, it is respectful to withhold the basis for opposition from the public and likely to be widely circulated pleading. so this might put retired judge deerie in the lead since he's the one candidate they both seem to agree on. refreshing our top story, nbc news confirmed that 40 subpoenas were issued over the past week to people associated with former president trump. joining us now, nbc news justice reporter ryan riley who joins us here on set in washington. ryan, great to see you. let's start there with this flurry of subpoenas, what do we know about them? what are they looking

they wanted a special master and they wanted judge deery dearie. dearie wants trump's legal team to cite which was classified according to them and wheaferr what evidence was planted. in other words it is troo 4proof time. by the trial judge new york attorney general sued former president for fraud. referred parts of case to federal prosecutors in new york. we're joined by two time attorney general for the united states, bill barr, mr. attorney general thank you for joining us, if there is an allegation that documents were declassified or thats eves every evidents was planted during a search it is reasonable a judge would say which ones. >> right, they will be put to the proof, i think that declassification thing said, a red herring, nothing depends on the classification of the documents, it does not affect the potential charges that would be made against trump. but i think it shows that a you say, at some point in the proceedings it is time for proof, i said along this case hinges on two things how sensitive were the documents, whether classified

deery. d.o.j. did not want the special master at all. all 11,000 documents seized at mar-a-lago has to go through the special master who will filter out any confidential documents. they said of those documents we're going to object only to the 100 or so classified documents. well, last night the court of appeals firmly agreed with the d.o.j. it's worth noting the three judges who sat on this case, two of them were trump nominees. this was a unanimous decision. you don't owe anybody anything if you're a federal judge. unanimous decision. here is what the court said. first of all, they said, quote, the record contains no evidence that any of these records were declassified and there is no such evidence, no thinking about it does not count. the court also said the public has a strong interest in ensuring that the storage of classified records did not result in exceptionally grave damage to the national security so they said d.o.j., you get the documents, not going to trump, not going through the special master. >> so what happens next? the

through the thousands of documents the fbi seized from their search in mar-a-lago in august, judge deery is a name put forward by the trump team and one the justice department also agreed to. this comes as judge eileen cannon said she is not going to allow the justice department to resume their criminal review of the classified documents that were seized from mar-a-lago. she basically says in her ruling she's not just going to take the government at their word that these documents were classified. you're seeing the trump team argue that the former president has the ability to declassify documents. she also said she didn't believe there would be irreparable harm by pressing pause on this part of the investigation. first, there has been no actual suggestion by the government of any identifiable emergency or imminent disclosure of classified information from plaintiff's allegedly unlawful retention of the seized property. instead and unfortunately the unwarranted disclosures have been leaked to the media after the underlying seizure. now the special master has until november 30th to complet

and on the trump side they're recommending ramon deery, a former chief judge in the eastern district of new york, and paul huck jr. who is a former jones day partner, jones day representative of the trump campaign in 2016. some close republican ties right there. don? >> laura, i want to bring you in now. what about this issue of clearances that's been so critical for all of this? what could any of this mean? >> just think about this. we're talking about tumts of the highest security level, the highest classification levels. there were agents on the scene we've been told in the reporting that weren't even able through their own clearances to review what they may be taking from mar-a-lago. the idea you're going to have get someone not only up to speed in the review as evan was talking about, but be authorized to see the documents, go through a security clearance including anyone who may be assisting the special master. notice the dates here evan talked about. the government set the deadline of october 17, 2022, while the trump team three months. think about where the mid-term elections

on the trump side they're suggesting ramon deery who's a former chief judge in the eastern district of day. jones day was a law firm that represented trump in 2016, the trump campaign in 2016. he's married to barbara who made one of trump's short list for supreme court nominees. so there's obviously some very, very big differences between these nominees for the two sides. the judge is going to end up having to make the decision, don, over who is going to end up doing this review. keep this aside, though, right, there's a total other fight going on. the justice department wants this judge, judge conor, to put aside her order so that they can continue doing this investigation, this criminal investigation. they want to make sure that the fbi can keep looking at 100 pages of classified documents and make sure the intelligence community can continue doing their work. that is something separate that is going to continue -- they're going to continue fighting over meanwhile they try to get this special master up and going. >> yeah. we're going to talk about this in just moments at the top of t

judge raymond deery has scheduled a hearing for tuesday at 2:00 p.m.o go over how scheduling will work since the clock is already ticking there. the judge said he has to review 11,000 of those documents by november 30th. jessica schneider, cnn, washington. >> jessica, thank you so much for that. >>> officials in london are urging people not to travel to see queen elizabeth lie in state. these are live pictures in london where mourners are expected to wait in line for 24 hours for a moment with the queen. we're going to take you there next. >>> plus, president biden's warning to russian president vladimir putin as the war in ukraine wages on. stay with "new day".". we're back in moments. versus 16 grgrams in ensure high protein. boost® high protein also has key nutrients fofor immune support. boost® high protein. i strip on public transit. i strip with the guys. i strip all by myself. breathe right strips open your nose for relief you can feel right away, helping you take in air more easily, day or night. finding the perfect designer isn't easy. but, at

he's now been appointed, judge deery. d.o.j. did not want the special master at all.pecial master who will filter out any confidential documents. they said of those documents we're going to object only to the 100 or so classified documents. well, last night the court of appeals firmly agreed with the d.o.j. it's worth noting the three judges who sat on this case, two of them were trump nominees. this was a unanimous decision. you don't owe anybody anything if you're a federal judge. unanimous decision. here is what the court said. first of all, they said, quote, the record contains no evidence that any of these records were declassified and there is no such evidence, no thinking about it does not count. the court also said the public ha

meanwhile, trump's legal team still awaiting a final decision on its pick of former judge raimondo deeryster. and the final primaries of 2022 are come down to the wire in new hampshire don bolduc holds a lead over morse. the winner will face maggie hasan in november in what could be a deciding race for control of the senate. the democrat breezing to victory in her primary, of course. also in the granite state caroline left a former spokeswoman who worked in office defeats matt maurys, leave the will now face chris pappas. also in new hampshire, incumbent republican governor chris sununu easily winning his g.o.p. primary. sununu will join us later this morning. and in rhode island mccee barely survived his primary against several challengers against helena. and those are your headlines and onto the general election. >> brian: general will get the support of sununu if he wins even if he called the governor an agent of china. he seems to be a little aggressive. >> ainsley: we are getting closer and closer. are there any more primaries left? >> steve: that was it. >> ainsley: awesome. now th

he is a federal judge named raymond deery out of the state of new york, bret. >> bret: david, related president we learned his former chief of staff is now complying with the doj subpoena? bret, that's correct. we learned through a source close to mark meadows he has given over a lot of material, the same material that he gave to the january 6th committee over on capitol hill. we're told a lot of that material has also been withheld because meadows believes some of it is covered under executive privilege that source close to meadows says the doj is not requesting any testimony from the former chief of staff at this time bret? >> bret: david spunt from the justice department. up next live 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 m

the trump legal team is suggesting retired federal district court judge and reagan appointee raymond deery. the other, a former deputy attorney general from the state of florida, paul huck jr. this all comes as the doj gauff judge eileen cannon to give them access to the materials seized. otherwise the doj says they plan to appeal to a higher court in the interest of national security. meanwhile, saturday former fbi official and frequent trump critic floated a theory on twitter that the former president may have transferred classified documents from florida to his other property. he writes, better check. the national archives and records administration e-mails trum top say material is missing and may be at mar-a-lago. on may 9th, he is getting on a plane and then boxes are loaded on to the plane. that's when he leaves the florida state to new jersey. it's unclear what he brought with him. the chair says a briefing to get a damage assessment of the classified documents is now on hold following the judge's approval of a special master. >> there is some question because of the special master

the judge has appointed a special master, raymond deery. the only candidate who both sides could agree upon. and we're getting some progress there. the first order of business is both parties to have come to where he is, in brooklyn, tuesday. and meet and go over any, well, open issues, as they figure out this review. meanwhile, you have the escalations in the january 6th criminal probe at doj, the 40-plus subpoenas, three of them cover 18 categories, so more and more details coming out, including communications with people in six states about the fraudulent elector plot, according to this new post reporting. they're also interested in that rally prior to the insurrection and the fund-raising. in congress, the january 6th committee is planning a new hearing. the chairman says they may have their own sort of october surprise, that the goal will be to have information pushed out before the november election and the interim report, which we have been following and we have an update on that actually next week could also come in that october win

. >> down in mar-a-lago, they have a special master, raymond deery wildly respected across the aisle.ice of appeal. they don't agree with the special master ruling. they have access to classified documents. they don't think they should be reviewing for executive privilege. congress is taking a look at what's happened to them. try to do a damage assessment. that's the latest on the mar-a-lago issue. >> where are we with the january 6th committee? >> the january 6th committee, this fall we are going to get the sequel to the committee. are we going to invite informally or maybe subpoena donald trump or mike pence. there are some tactical considerations happening here. the committee has to decide are we going to make a formal criminal referral over to doj. there's no binding significance but it would increase the political pressure on doj. >> your old office sdny and senate. >> jeffrey berman has come out with this book where he writes that, quote, trump's justice department kept demanding that i use my office to aid them politically and i declined. i declined gently so i didn't lose my j

she is urging deery to complete his review no later than november 30th. in the books. gets the best. thanks to a # 9-yard pick six picked off at the 1 yard line. that is watson out in front. protect him as well. all the way for the touchdown. >> that wasn't the only tough moment for the charges. justin herbert battle through injury at the end of the game. the qb led with 37-yard drive ending in a touchdown but the team could not overcome the on sidekick. move over willie wonca. popular channeling willie wonka giving away golden tickets in turn that of national cheeseburger day on sunday. five lucky customers at each location who purchased the classic all-american burger will get a golden burger ticket entitling them to one cheeseburger a month for the full year. big thanks to black tap for sending wag do you go steakhouse about burgers to the set to kick things off early. we have some right here picker perfect burgers. >> brian: are you going to eat that? >> carley: is that even a question? of course i'm going to eat it. >> brian: you went to bed at 6:00 last night. th

judge cannon named raymond deery as the special master. he is a senior u.s. district judge for the eastern district of new york. trump's attorney's proposed him and the other side submitted they're professional. judge cannon specifically laid out the special masters duties including a privileged review of the documents. meaning he must determine if any of the documents are protected by attorney-client, or executive privilege. he will also check them against the property inventory, along with making recommendations about personal items, documents and presidential records that might be under dispute between the two parties. judge cannon also stated that the special master just evaluate any claims about the return of property. dearie has until november 30th to review the materials. at the same time, john cannon denied the justice department's request for continued access to the more than 100 classified documents seized from mar-a-lago, which has been using its ongoing criminal investigation. the d.o.j. had argued that judge cannon's order earlier this month bloc

and we have the namefi orst fas the first special master biden, who has been appointed judge raymond deerye wastet proposed by the trump lawyers. but interestingly, he's also signedin car the carter page wam before the fbi misconduct waiss discovered. harmeet, your reaction to al acc this tonight, big news? well, judge, jury was acceptedt by the doj as well afterfo the trump folks objected to their judges. and so i think it's a good appointment and it's a really, p really brilliant by judge cannon to pick this speciaececay master, because one ofthis l the objections of the doj waspel how could you possibly let this like rand special master look at these super classified documents? of course, a recent fisa judge has all the clearances necessary to look at all those documents. and so she's checkmated the government on that issue. and thhe'se order also rejects g government arguments that there is somehow some compellingovth e for doj prosecutors.ent and she also calls out the government for the leaks. t and otherwise, it's anth going excellent balanced order. and i don't think the 11th circu

deery named as special master to review trump's mar-a-lago documents. appointed raymond j. deery, a federal judge in new york, to sort more than the 11,000 documents, including classified materials that f.b.i. agents seized from former president donald trump's florida residence this month to see if any should be shielded from criminal investigators because of attorney/client or executive privileges. the post says it could significantly -- could significantly slow a high-profile investigation of the former president, one prosecutors say has already been paused by the judge's skepticism that justice department has treated trump fairly. and on the -- on the settlement of the rail strike, here's the headline from "usa today," tentative deal averts railway deal. a shock to the economy. a widespread economic crisis was temporarily averted yesterday when president joe biden talked about a tentative deal between those that threatened to strike. here's president biden yesterday making that announcement. [video clip] president trump: it struck down any crisis. ev

. >> it appears both sides agree on former judge raimondo deery. >> 26 last week. 26 is a weird age inlywood. you are young enough to play a high school student but you are too old to date leonardo decaprio. ♪ ♪ >> in dallas. 5:00 central time. >> you should whisper. >> ainsley: wake up, get dressed. >> brian: cowboys think they are in a bad dream dallas play terrible and lose their starting quarterback for two months. chris, would you look that up or carley, would you look that up? it out for two months. >> ainsley: 91 degrees. low of 65. 67 right now. sunny, thursday, friday good weather for the weekend. >> steve: it's dallas, it's your 5:01 central time wake-up call. good morning to the dallas-fort worth metroplex. speaking of numbers, we have got a big number that's going to come out this morning at 8:30 the consumer products price index. they are estimating that it will probably be 8.1%. now, that would be down from 9.1% in june, but it is still 6 points higher than what the feds target rate is which is 2%. and to get us down to 2%, what they are doing is jamming on the brakes. th

saying he has a conflict of interest, but the other person put forward by the trump side, raymond deeryhat name. he's a respected former federal judge in new york. you're absolutely right. at the end of the day, the special master situation could become moot because what the justice department made clear is what they care about here are the hundred classified documents they seized at mar-a-lago. they disagree with the special master idea, but they're willing to allow a special master to review the thousands of other documents seized, including trump's health records and tax records, but they argue that these 100 classified documents should not be viewed by a special master. they're already in a special room right now, and they're saying that it's a matter of national security that they need access to those right now as part of their fbi investigation, and the damage assessment that the dni was doing into weather sources and methods were compromised. that's on hold right now because of this judge's order. we await the trump side's response to that at 10:00 a.m. >> good morning, it's jona

the first hearing with the special master raymond deery. at issue, were the documents seized classified? during the hearing, deery asked president trump's legal team if they had any evidence that the documents were declassified by president trump as he suggested following the search. his attorneys saying they were not in a position to answer. the doj says dozens of documents concerning some of the country's most sensitive intelligence was discovered at mar-a-lago after numerous requests for those documents to be rushed. >>> scary moments in chicago. an apartment building exploded and then collapsed. we want to show you video of the aftermath. it happened around 9:00 this morning chicago time on the west side. the four story building partially collapsed sending eight people to the hospital. three are in critical condition. several cars that were parked in front of the building were also destroyed. >> i live right across the street where that building collapses. i was sitting on my couch just chilling and watching tv getting ready for work. t