while doj collect data from states, they do not require doj to publish state data. the agency has no plans to do so. importantly, as doj's collection efforts began, it discontinued a long-standing program that collected and published data on deaths of people in -- the mortality and correctional institutions program. doj had used this data to publish reports, and provide statistical information on deaths in correctional institutions. this published information -- researchers, and the public to view and study the data. while the mortality and correctional institutions report was made publicly available, the report was not available to the public. this lack of transparency would be a great loss in the public's understanding of the deaths in custody. given that 1.5 million people were incarcerated in state and federal prisons in local jails at the end of 2020, statistics on death and custody are a valuable research -- in the criminal justice system. doj has made some progress towards addressing what it calls a profoundly important issue, but significant work remains. ri

while doj collects data from states, dcra does not require doj to publish state data and the agency has no plans to do so. importantly, after doj's dcra data collection began, it discontinued a longstanding program that collected public data on death of people in state and local correctional institutions. the mortality and corrections institutions program. the doj used these data to publish reports to provide statistical information on deaths in correctional institutions. this published information allowed congress, researchers and the public to view and study the data. while the mortality and correctional institutions report was made publicly available, the dcra report may not be available to the public. this lack of transparency would be a great loss in the public's understanding of deaths in custody. given that 1.5 million people were incarcerated in state prisons and local jails at the end of 2020, statistics on death in custody are a valuable resource for understanding mortality in the criminal justice system. doj has made some progress toward addressing what it calls a profoundly

why is the doj doing this? letting the special master see those classified documents while preventing the justice department from using or reviewing them, well that will cause, quote, the most immediate and serious harms to the government and republic. the doj makes clear today in its filing, the judge's ruling has had the effect of halting not only the doj's criminal investigation, but also the intelligence communities review. quote, uncertainty regarding the bounds of the courts order and it's application for the activities of the fbi has caused the intelligence community to pause temporarily this critically important work. they argue that the government and the public are republican injured when a criminal investigation of matters involving risks to national security forces joined. so that pretty urgent seeming intelligence reviewed has been stopped, the doj is saying here. because, despite the judges order to carry on while the criminal mastication is put on hold, the investigation and the intelligence comm

doj began collecting information from states about three years ago. agency officials tell us they plan to continue collecting the state data but they haven't said whether or how they will use the information to address. the doj sites missing and/or incomplete data from states as one of the reasons why they haven't studied the state information. we found similar concerns when we examined the data. for example of the states that submitted data only two submitted all the required information. some states didn't account for all deaths in custody. using publicly available reports we identified nearly a thousand of that occurred during fiscal year 2021 that states did not reported to doj. for states didn't report any deaths yet we foundd at least 14 had occurred in those states. hsdoj is a top priority for the quality and completeness. in 2016 the agency acknowledgedo determining would help improve the quality of the data and they have a goal to ensure they comply. however as of this month thseptember 2022, doj still hast aldetermined whether states have co

doj will probably take him to court if that happens and i suspect doj will prevail. doj is half way there with the subpoena. it's good they got the stuff but they have the power and authority to get it all and we'll see if they have the will to go after it all. >> if mark meadows complied with this subpoena, gloria, does that change the calculous for any of the other members of trump's orbit who received subpoenas that from the doj and whether they should go along with it? >> i think anyone who receives a subpoena from the doj ought to go a long with it and as we've seen, a lot of people are. mark meadows is so key as ellie was saying to all of this because he was around donald trump all the time. he was the person donald trump turned to when he said i want to get this done, i want to get that done. he showed up in georgia during, you know, the election investigations there. he was on the phone with the secretary of state and brad raffensperger. so this is a man who is very key to the doj's investigation into fundraising and into fake electors. so there is a lot that

i suspect doj will prevail. go chase halfway there with a subpoena, it's good that they have all the step that the committee has, but doj has the power and the authority to do it all, and we'll see if they have the will to go after it all. >> if mark meadows comply with the subpoena, gloria, does that change the calculus for any of the other members of trump's orbit who received subpoenas from the doj and whether they should go along with it? >> well i think anyone who receives a subpoena from the doj ought to go along with it. and as we have seen, a lot of people are. mark meadows is so key as ali was saying, to all of this. because he was around donald trump all the time. he was the person donald trump turned to when i want to get this done, i want to get that done. he showed up in georgia during the election investigation there. he was on the phone with the secretary of state. and yet brad raffensperger. so this is a man who is very key to the doj's investigation into fund raising, if they collectors, so ther

rumpas andrew weissmann, who spt 20 years working the doj simply put it with the doj briefly -- trump'sy. george conway's prominent conservative attorney and a former republican. he joins me now. first, let's start on that note. weisman's assessment and whether you share it. this is them saying, we have him, we can do this if you want. >> i share his assessment and i share your assessment. they have him dead to rights. this filing is the most recent explication of how badly with a bad situation he is in. it is absolutely no defenses that i can see. and i have yet to articulate a coherent defense. >> the meta context here is that they didn't have to do this, right? how do you understand the sort of message of this document, as well? there is the particulars of it, which is like, we have you, we have all this evidence. but why they went out of the way to file this, asking, can we get more space and then dropping this with the photos and all this evidence? >> because the trump people of making all sorts of false claims and irrelevant claims and making all sorts of sinister suggestions that

doj is not there yet. you told people you were going going to save america because of a fraud of the baseless allegation that the election was rigged and he actually won, and that's fraudulent, yes, but people lined up to give you up to a million dollars a day at one point, nicole, for this effort because they thought the election was bad. now you moved that money and you're paying legal defense for other people, you're even paying for defense on the documents at mar-a-lago, right? so it's a little more complicated than straight-up you lined your pocket with it, but that's where they seem to be going. >> we all want to hear harry litman's legal analysis and i have to slip in a quick break and when we come back the panel will weigh in what we can expect in the coming days and weeks and not the back and forth with doj and donald trump over this case of the classified documents. voters, clearly, extremely fired up about the supreme court fired up about roe versus wade. michigan the latest to put that to voter

how rin how are investors taking the decisions from the fed and doj?, both decisions came as no surprise. the fed hiking by 0.75% and the doj not changing the ultra loose policy stance. as the future hukz became more aggressive, the policy divergence became more apparent. the bank of japan has become the only central bank with negative interest rates. the doj along with the european central bank and the swiss national bank had been one of the few with rates below 0 in the last couple of years. however, the ecb pulled the rates into the positive in july. and the smb did the same at its policy meeting that took place right after the doj's on thursday. the boj is now alone with negative interest rates. let's now check on how the tokyo indices closed this thursday, september 22nd. the nikkei declined by .6% ending at 27,153. the broader topix lost .25%. investors sold shares as they worry that the fed's aggressive outlook an rate increases would dampen global growth. >> can you tell us some of the specific levels that we're looking at for the fed's outlook

while doj collect data from states, they do not require doj to publish state data. the agency has no plans to do so. importantly, as doj's collection efforts began, it discontinued a long-standing program that collected and published data on deaths of people in -- the mortality and correctional institutions program. doj had used this data to publish reports, and provide statistical information on deaths in correctional institutions. this published information -- researchers, and the public to view and study the data. while the mortality and correctional institutions report was made publicly available, the report was not available to the public. this lack of transparency would be a great loss in the public's understanding of the deaths in custody. given that 1.5 million people were incarcerated in state and federal prisons in local jails at the end of 2020, statistics on death and custody are a valuable research -- in the criminal justice system. doj has made some progress towards addressing what it calls a profoundly important issue, but significant work remains. ri

that is ultimately a good thing for the doj.ll allow them to consider that he may move in their direction. he can move for the investigation of trump. charles coleman, you are gracing us by sticking around for our next blocks. please stay with us. and coming up! a new group of migrants arriving in d.c. moments ago, sent by governor greg abbott. just the latest in a series of moves by gop governors. is this political stunt even legal? charles bullet weigh in. plus, state senator julie and who represents martha's vineyard is here with an update on those migrants. stay with us! stay with us thanks, dad. that's right, robert. and it's never too early to learn you could save with america's number one motorcycle insurer. that's right, jamie. but it's not just about savings. it's about the friends we make along the way. you said it, flo. and don't forget to floss before you brush. your gums will thank you. -that's right, dr. gary. -jamie? sorry, i had another thought so i got back in line. what was it? [ sighs ] i can't remember. (fish

i mean, the doj is gonna move this probably.make sure that they challenge all the privileged grains the trump team makes a. and trump's team is gonna be raising privilege, trying to prevent the documents from being used in the investigation. and i think they want to create a record for the supreme court. i think the part is gonna be a lockdown on this pretty hard. at the end of the day, i think there may be opportunity here, and i am encouraged that doj put up to judges who have some republican that agree in their background. i think that's great. and i think that sends a strong and confident message about this process. >> i will also note that it says explicitly, in this, the plaintiff that would be team trump, believes the governments objection to the special master reviewing documents they deemed classified is misplaced. that is meaningful. that is the whole of the departments filing earlier this week, just let us take hold of these 100 or so classified documents. they are critical to our national security review. we need to

the doj one arguably far more opaque. you now have a clear case where because of the national security implications and because of the actors, the people that enabled the insurrection, some of them were around for the document hoarding. >> look, you got to go to sociology now. the reality in this key period after the selection, after he'd lost and everyone who was sensible around him and sane and tethered to reality knew he'd lost. who was left? all the dead enders. the dead enders club, which was trump's senior tier of advisors at that point, of course they're going to be involved in everything, because it's that chaotic period when normally a transition would be taking place and a president would acknowledge that he lost the election. instead we have a president desperately clinging to power in ways that are illegal, extralegal, non-legal. he's using people from inside and outside the government to try to pursue obviously illegitimate ends. when you get to that point in this unprecedented period, of course there's going

doj can continue its investigation. they have established the fact of the documents being there, so they may have already gotten what they wanted from him. they ask for witnesses into how they got there, can't they? >> exactly. i think doj can and should be talking to witnesses, be reviewing the surveillance video. this does not mean a full stop down to zero miles per hour on their investigation. they just have to stop looking at and reviewing those documents until the special master issue is resolved. >> judge gertner, how will a special master be chosen? this is something that could get complicated here because both sides have been ask the to more or less agree on this, right? >> right, which sounds like if they can't agree on what day it is, this is not going to be easy to do. both sides are supposed to give suggested people. the judge looks and can pick someone. there is, under the rules, a procedure if that person is found not to be impartial, then one side or the other can strike it. then there are -- they have to

but this could be a major loss for the doj. >> could be a major loss for the doj based on a pretty incoherent ruling by the trump appointed judge, was appointed after the election. >> you keep saying incoherent. [laughs] >> in co-here event. >> with the enunciation. >> but in all seriousness, i remember a lot of republican and initial defenders for the same for the ex president, saying look it's not like he has nuclear secrets in there. well guess? what >> apparently they were nuclear secrets in. there and apparently wasn't convinced harry, and pushing again investigation with classified documents seized at mar-a-lago that will put national security at risk. >> yeah, he wasn't she wasn't convinced. core she had undisputed evidence to say it was, nothing on the other side. judges are not supposed to capriciously flip coins. they're supposed to weigh evidence, and there was literally zero on trump side of things, and a really good affidavit explaining just why there was a problem. >> you think in appeals court will see it as she does? >> my best guess is no. even a conservative appeals court, i

on the doj, it's a conservative circuit. it's true.y much in the right here, again on those documents, not the faintest argument that he has any interest on them. you've got to play the hand you're dealt. district court, 11th circuit, even supreme court. >> you don't think they're worried about the 11th circuit considering it's a majority trump-appointed judges? >> worried? they know where they have to go. i wouldn't say worried. there's several conservative circuits. that's one of them. >> they feel confident it's open and shut? >> what a sophisticated legal question. >> did it again. did it again. >> i think they know they're in the right. by that i don't mean the advocates's confidence, any first-year student's confidence. she has no basis forgiving him any, any possibility of having a possessory interest in these hundred. >> we heard from the former president, i believe on hugh hewitt show, about blanket declassification. i hereby declassify all these documents at my residence at mar-a-lago. that's how we imagine it happening. let'

the doj asking for the 11th circuit to take action as soon as pact kl. just one day after the appointment of a special maers, and i'm quoting from the filing, although the government believes the district courter ered in appointing a special master and granting the injunctionive -- one, restricting the government's review and use of records bearing classification markings and two requiring the government to disclose those records. the doj asking for the investigators to review the materials marked as classified and for the court to exclude those documents. it is a fight that could go all the way to the supreme court, so we must talk about this now. i want to get right to cnn's correspondent jessica schneider, former assistant u.s. attorney jennifer rogers, and special water gate prosecutor nick actorman. jessica, i'm going to start with you. what can you tell us about what the doj is saying in this friday night filing tonight? >> they're really asking for limited relief here. they're telling this court we want two things the lower court judge refused to

doj even releasing a picture of some of them. as you can see, they're clearly marked secret, top secret, and sci -- sensitive compartmented information, only for the eyes of those with the highest security clearance. the doj noting that in a matter of hours, they "recovered more than twice the amount" they received in june, when trump's lawyers told them everything had been turned over after their, quote, "diligent search." according to doj, trump's attorney insisted all the documents were stored in one location, a storage room. but investigators determined government records were likely concealed and removed from the storage room, revealing they even discovered three classified documents in the desk of trump's own office. when he ran against hillary clinton, trump insisted he would handle the nation's secrets with the utmost care. >> in my administration, i'm going to enforce all laws concerning the protection of classified information. no one will be above the law. >> reporter: now he faces the potential of criminal charges. an

we've established that is something the fbi and doj says they did.. there's something which isn't here. what isn't here in this filing? >> an argument about the declassification of these documents, which, of course, is what the former president's team and his allies on cable news have been arguing, that he declassified all the documents he took with him. but that photo that he is complaining about that was included in the justice department's filing last night, it was a notable photo just because it sought to really show case in an image what was taken from mar-a-lago, what was kept at mar-a-lago, despite these efforts to get it back. but also none of the documents in the photos say the word declassified on the front of them. the word declassified is not appearing in this filing we're getting from trump's team tonight. maybe they'll use it in court when they're talking about trying to get the special master. we don't see it so far. going back to the efforts that they're describing here, in one part of this, they're describing the enforcement of the g

it's impossible to predict if the doj will bring charge against trump. there's a debate over indicting a former president. one side saying it would set a bad precedent. the other side saying not indicting would set an even worse precedent. joining me now is white collar criminal defense attorney, sarah azari. always nice to see you. keeping in mind the latest reporting that the doj won't be indicting trump any time warfare the november midterms, do you think we can reasonably expect an indictment of donald trump. >> >> katie, if this was one of my clients, i'd be having a conversation with them about what will happen when you're indicted, not when. i'd be speaking to prosecutors in the southern district of florida and d.c. about how we can help you help us. what do we do about bond? what do we do about the initial hearing? but this is of course a former president who has gotten a lot of deference. when he was a sitting president he got deference with respect to the mueller crimes. them he got cut slack with ukraine. then january 6th is the struggle with

that is doj's call.ely inappropriate and something that should be called out in every corner of public life, it absolutely is. >> joyce, it is jonathan, first just a piece of supporting evidence to what you said, merrick garland is very wanting to keep politics out of this business and knows what fallout were trump to be indicted and he didn't issue the search warrant if he didn't think that it was worth it and that opens the door to a charge but people close to the just department that a has been made. but i want to ask you about something yesterday, the special master, trump people want it and the justice department said this will slow things down. so far the judge is sympathetic to the trump side. so just walk us through what that process would look like and how much of a delay could we be looking at if a special mast ser put in place? >> yeah, it is an important question, jonathan. and first, i want to say that i have been talking with my colleagues both republican and democrat across the country, ev

after judge ilene ken nongranted the request for a special master to review the material and barred doj from using its documents for its probe until the special master is done. in a ruling that has been almost universally panned by legal experts, judge cannon expresses deep concern about any potential harm to donald trump that could emerge from the search of his private residence, saying she was mindful of the need to ensure the appearance of fairness and integrity under the extraordinary circumstances presented. she adds this, as a function of plaintiff's former position as president of the united states, the stigma associated with the search and seizure is in a league of its own. a future indictment based to any degree on property that ought to be returned would result in reputational harm of a decidedly different order of magnitude. "new york times" points this out, quote, her ruling seemed to carve out a special exception to the normal legal process for the former president and reject the justice department's implicit argument that trump be treated like any other investigative subje

it's an enormous amount for the doj, and i think for the judiciary. cannons ruling, or she said there's gonna be a special master, you know, criticized and turned on appeal. and that's the kind of, you know, cynical partisan ruling that donald trump wants to have happen. just tonight, the doj agreed to one of trump's lawyer suggestions, for a judge who could be a special master. his name is judge diary, and he's a great judge. there are good judges, and this, investigation can be carried out properly and fairly. i think it definitely will. >> all right, david rohde and danya perry, thank you both. coming up, with less than two months into election day, republicans are trying to undermine voting from the election. from the insight, election worker marc elias explains the latest on democracy next. millions have made the switch from the big three to the best kept secret in wireless: xfinity mobile. that means millions are saving hundreds a year with the fastest mobile service. and now, introducing the best price for two lines of unlimited. just $30 per l

basically the doj asking her to back down from some of that. they said unfreeze their investigative abilities, allow us to retain his hundred classified documents. renato, what are the stakes here for her decision depending on which way she goes? >> well i will say the question is a good way of putting or a kind of way of putting it. i think that if she reverses that it will allow the justice department to go forward and not impede the threats to our national security. the doj's paternal tough position because if she doesn't do that, they have really zeroed in on the parts of her opinion that are the least defensible, the easiest to overturn an appeal. i think they have set themselves up while for an appeal. i think she's definitely going to be hard pressed not to reverse herself or to walk this back. particularly because trump's team is filing all but refused to make any assertion regarding his supposed and reduction of these documents. they dance around up at the doj made a filing today made a crystal clear on what wasn't said there. i think

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what can you tell us what the doj is saying in this filing tonight? >> they're tell this court, look, we want two things the lower court judge eileen canon refused to give us last night. they want to do it unimpeded meaning they want to resume using those 100 classified documents that judge canon has said they can't use whether it's in grand jury proceedings or of witnesses. so they want the 11th circuit to reverse that. plus they're saying they shouldn't have to turn over the classified documents to trump's legal team or the special master here who's been appointed. they say the lower court judge was just wrong to order the disclosure of those highly sensitive documents ongoing in the midst of an investigation. what's more interesting here on a broader scale doj is really arguing that courts shouldn't be stepping in here at all on this issue because the documents belong to the government. so they wrote it this way. they say allowing the government to use and review the records bearing classification markings for criminal investigative purposes would

and finally, doj itself put in its own internal filter team, but the judge said doj has acknowledged that filter process was imperfect because at least two documents that should not have got through the filter did get through the filter, and bottom line, the judge just said, the country is served best by an orderly process that promotes the interest and perception of fairness. essentially, she said, let's be safe rather than sorry. >> let's talk about what happens while this filter is trying to get us to a clean glass of water. what does this entail, and how long is this filtration process? >> first things first, as you said before, the parties have to figure out who is going to be this special master. that's a question mark. who is this person going to be? the judge gave them until friday to try to agree on somebody. it's got to be somebody who has a high-level security clearance or can get there fairly quickly. i think it's likely to be a retired judge or retired high-level fbi or doj veteran. now, what's going to happen when -- how long could this take? we do have some prior data

why does the doj get to make every decision on its own? and doj, what are you afraid of? what are you hiding? >> so, they changed the tone, pulled back some of the bluster. >> yeah. >> so, let's talk about what is not included in this document. they do not address the claims that were made in the doj filing, the additional 76 documents, the evidence that the doj says they have that documents were concealed and removed and obstruction. when you read that, that there were even three documents in the 45 office, what do you think? >> well, i'm just thinking, why are these documents there to begin with? i feel like the documents admits that the documents were there now, right? and that's what i'm thinking. so, they didn't give them back the first time. i feel like it's one lie after another. while i think they pulled back the bluster on this, i think it's just another disinformation campaign is how it read to me. it just continues to go down the path of that. >> and errol, we wouldn't know any of the details if not for this request for the special master. we're getting this ro

a new inventory to govern steeled, never want to stipulate by the doj, the doj agreed to unseal, it was trump's team. we found that there were more than 10,000 non classified documents, and we have all these empty folders. exactly how perilous is trump's legal situation as he wakes up this morning. >> super duper perilous, that's a legal term, katie, and the challenge here is for trump is that he has a lot of these unclassified documents and a lot of these all some -- open folders and that begs the question that many are already asking, what are in the open folders, one of those documents? that is a huge concern. he also ripped some sound from the former attorney general bill barr, that defensive him saying over documents like a benediction and saying that our to declassified, is not much help the trump either. t it is equally as problematic that he would do that to a broad swath of documents. this is getting worse and, worse in just as it aside, this, in a way, after take my normal experience in your normal experience, they went out of the window because in what case would normal red a

and the doj gives the judge a legal ultimatum.ss to those materials. and the justice department is going to appeal to a higher court. join me, now melissa murray, a law professor at new york university and msnbc legal analyst. and frank -- assistant director for counter intelligence at the fbi. and msnbc national security analyst. welcome to you both. melissa, you first. here let start with a dispute over who takes on this role of neutral arbiter. our special master. who do you see as the most relief likely candidates. thus far we don't know if anybody is going to agree to take on this job do we? >> well, hopefully if any of these individuals whose names were consulted in advance to see if they would be really concerned if they are ultimately appointed by the district court to take this on. but the department of justice has offered the names of two former federal judges judge partly drones who once served on the -- new york here in putting, george thomas -- who served on the d.c. district court. both are very well respected. -- is

this is what my former doj colleague talked about in the last segment.its on top of classified information and tells the person holding the document what is is behind it and how sensitive that information is. i want to specifically focused on these initials you see here. these are the types of controls, additional levels of sensitivity and this is what was found at donald trump's residence according to the fbi. what do these acronyms mean? we're talking about human control. this refers to spies that are run overseas like steve hall used to run as a cia officer, highly sensitive information and talking about special intelligence. this is within the realm of the national security agency thinking about wiretaps, signals intelligence collection and this last part here, talent key hole. not a household name but that is a reference to a highly classified u.s. government satellite program. again, we don't know what was exactly in these documents but looking at the cover sheets, we can tell this information was potentially highly sensitive, don. >> steve hall, w

doj doesn't investigate people. they investigate crimes. >> let me just -- because you're absolutely right. donald trump is giving the orders, barr is just following them, but listen to what mr. berman had to say about barr, about barr himself when he was on with nicolle. take a look. >> i think we should examine whether they followed their oath prior to the election. that's the inquiry that's important to me, and prior to the election, barr did the bidding of the president. he politicized the department of justice, and barr couldn't have done what he did without the help of others in the department of justice. bill barr should have been standing in front of those magnificent doors of the department of justice, stopping political interference from entering. and instead, he was the chief architect of that interference. >> i mean, yes, trump is calling the shots. but barr was dancing to the tune. and you were considered at one point for attorney general. i highly doubt you, all of your history, your work as a civil ri

pointing to the gravity of secrets, the doj said some fbi counter intelligence personnel and doj attorneys required additional clearances to even review the documents >> my father-in-law said he has nothing to hide. he did nothing wrong >> lara trump says the investigation has been political. >> this is such a bad look i think for the department of justice now because it goes to further the notion that they are targeting donald trump >> reporter: today on social media, mr. trump reacted to that officials say the evidence was placed for the photo. evidence photo calling it terrible the fbi threw documents all over the floor. officials say the evidence was placed for the photo >> and kelly joins me now. >> well, the former president has asked the co we're waiting another federal judge to rule on a key decision that could determine the course of this investigation. what is next >> well, the former president has asked the court to appoint that independent observer to review all the seized documents. the department of justice has argued that mr. trump's situation here does not qualify for that

merrick garland still runs the doj. how does this delay game work?>> trump seems to be utterly optimistic about litigation, hoping that the more he can delay, the more he can either force an error or keep a case from coming to fruition. that has worked pretty well for him overtime. it is very difficult, i think, for people to have confidence that justice is slowly building at this point in time on a number of different fronts. but here delay doesn't particularly prejudice the justice department. they would likely stand down now that we are almost 60 days out from the midterm elections. there is no technical reason they have to. trump is not a candidate on the ballot. but merrick garland is firmly committed to preserving the appearance of the doj as political. he would likely have a 60-day pause on any public action at least. in any event. and this may be one time delay actually prejudices the former president and gives doj the opportunity to evaluate the evidence that it had before the search of mar-a-lago. it gives us the opportunity to hone its deb

doj's rationale for this demand had nothing to do with evidence or law. o'callaghan kept reminding khuzami our office prosecuted two high-profile trump loyalists, republican congressman chris collins, and trump's private attorney, michael cohen. khuzami related that o'callaghan told him bluntly, quote, it's time for you guys to even things out. i ignored the edict. this episode was not a one-off, it was part of a pattern throughout my tenure as u.s. attorney, trump justice department kept demanding i use my office to aid them, politically. i kept declining in ways just tactful enough to keep me from being fired. i walk this tightrope for two and a half years. eventually, the rope snapped >> that's how it starts, that's the very beginning. this was written by jeffrey berman who ran sdny, attorney in the southern district of new york for more than half of trump's time in office. geoffrey berman was fired from that job, fired loudly, and in a way that made a difference we will have more on that in a second, that's important. now, since he is the former u.s.

where these more of what we would expect, the doj's revenge, preemptive strike? >> this is part of a pattern of illegal leaks, the biden justice department, they leased out to "newsweek" early on that marek garland didn't personally prove this. that was a lie. they tromped out -- leaked out that trump had the nuclear documents. they leaked out that the biden white house didn't have that involvement with the rate. that was a lie. we saw the council to president biden first have that, and president trump's assertion of executive privilege on behalf of president biden, so it's a series of lies and leaks. remember when she ordered the special master. she talks about the allegations of bias. that is exactly what continues tonight. it confirms why the judge was so right. the biden justice department knows they aren't going to win back the so they will try -- >> judge cannon's ruling on the special master appointment, in a footnote, which is where all the good stuff is -- she writes "when asked about the dissemination of the media relevant to the concrete -- seized reco

these are really the four main ones, doj's criminal investigation relating to january 6, also doj investigatingd recovered down at mar-a-lago, we have the house january 6 committee which will resume its work soon and we have a new development, the senate judiciary committee is looking into potential political interference with doj and the sdny. we have new developments on all of them. where do you want to start? >> let's start with the doj, the january 6th investigation. i know there is a whole slew of subpoenas. >> yes, dozens of new subpoenas in the last couple days. really hitting on all different aspects of donald trump's operation. bill stepien, sean dollman in charge of fundraising, dan scavino, these are grand jury subpoenas, you cannot brush these off, they will have to testify. let's also remember we know doj has spoken with other key players we have heard in the committee, pat cipollone, white house counsel, marc short, cassidy hutchinson and finally keep in mind doj has done search warrants on the phones of jeffrey clark and john eastman. what are they looking at? the short answer is

been some concern among the doj, and i guess elsewhere. it was considered more conservative, or conservative court. what is the makeup of that court? >> yes, so that was a gamble here, because when doj was deciding whether or not to go to the 11th circuit, six of the 11 judges on the 11th circuit are trump appointees, but it turns out in this case it didn't matter, because a three judge panel that ruled in favor of doj tonight, two of them were appointed by trump, one of them appointed by president obama. so they took a gamble here by going to the 11th circuit. remember, they tried it first of the district court, trying to get that initial judge to overturn part of her original opinion, she wouldn't do, it so they had to go to the 11th circuit, and they appealed in a very limited way, only asking for two things. tonight, that gamble paid off, because they have a victory the 11th circuit tonight, anderson. >> jessica schneider, appreciate, it -- cnn political analyst, maggie eight haberman, she's also the off or of the new book out october

the doj. jonathan allen, barb mcquade, think you because i want to do another segment on melissa's unbelievable show tonight. coming up, americas workers have the threat to strike! a strike that would shut down the entire country supply chain. just to get something much any of us take for granted. six days! they are here next. and later, the cool political stunt from governor ron desantis, at the expense of desperate people. and he used tax dollars to do it! and, conspiracy theories and lies are fueling the hate filled lies that president biden addressed today. the surprising story about where some of them come from. that's later! the 11th hour just getting underway on a thursday night that you must stick around for! i can't. ah, my toes! turns out, it is hard walking a mile in someone else's shoes. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. i gotta go, ah. for a great low rate, and nearly 60 years of quality coverage, go wi

pointing to the gravity of secrets, the doj said some fbi counter intelligence personnel and doj attorneysred additional clearances to even review the documents. >> while trump appears to be facing serious legal jeopardy, two of his lawyers, evan corcoran and christina bobb, could come under scrutiny from the department of justice on their own. the new york times reporting they're likely to become witnesses or targets in the federal investigation. with that, we have got a lot to get to, so let's get smarter, with the help of our lead off panel. yamiche alcindor joins us, nbc news correspondent and moderator of washington week on pbs. professor melissa murray of nyu law school. she was a law clerk for sonia sotomayor on the federal bench before her nomination to the supreme court. and her dear friend jeremy peters, reporter for the new york times and author of the new book insurgency, how republicans lost their party and got everything they ever wanted. melissa, walk us through this. trump's legal team has now made their move. break it down for us. >> so this is, again, a little bit better

the doj is not showing any signs of slowing down.nbc's own ken delaney asked the head of the justice department's criminal investigation if he could say anything to help the public better understand the flurry of investigative activity in the last week dealing with trump's associates. >> the attorney general will share that it's important for us to preserve all relevant evidence, and that investigation, and any investigation. otherwise we will continue to speak through the work in the filing for the department of justice. >> importance of preserving evidence, you say? you have my attention. joining us now, matt miller, former chief spokesman justice department during the obama administration. >> so, for the subpoenas. i think just the timing alone, the number alone, maybe those things together, -- scope of the doj investigation into january 6th. how do you read all this activity? again, in this politically sensitive time before the midterms. >> i think it's clear there is a full scale doj investigation into everything surrounding don

problem >> doj said it tried to get into the boxes, they were not a lot like the. boxes the trump team in this filing saying it did not happen that. way although they not exactly exactly how it happened. >> all right, sarah, keep. reading i want to go back to josh campbell right now to talk about the photo that was an appendix to the doj filing. and now, we understand that donald trump is taking some issue with this what if you learned. some issue with this. >> again, this is not unexpected. this very visual depiction of the classified documents that were left with the fountain, there you see them on your screen, this was an fbi evidence footer that was taken and then release as part of the justice department filing. the former president and his attorneys really blasting the release of that photo, calling it a gratuitous release of allegedly classified information. trump goes on to say that those documents were pulled from a container and spread across the floor for dramatic effect. one thing i have to tell you is as a former fbi agent, it really raises the questio

that was the second thing the doj asked for. so a big win tonight for doj at the 11th circuit, don. >> laura, listen, all of this was because team trump wanted a special master, blah, blah, blah, so on, so on and so on. so what impact does the doj appeal have on what the special master is deciding now? >> well, it's limiting now. you know that tina turner song "what's love got to do with it," don? now what did those classified documents have to do with your discussion about what might be privileged. that's essentially what the appeals court said. you've got these 100 documents that are about classified materials, have these various labels on them that say, look, you're not supposed to look at this. by allowing a special master or anyone to see it but under the pretext of i'm looking for privileged documents, you're going to allow people who don't otherwise have a clearance or otherwise authorized to see what could be the most sensitive information now see it. so now the special master is limited in that. the oar part of that, wh

doj wanted it done by october 17. found a middle there. >> we speak about the documents as if they fit into a neat pile or one. is it possible that a documents can be both covered by executive privilege and class if ied? >> that's a great question. theoretically, yes. say the president had a conversation with the secretary of defense about strategy relating to a certain foreign country and written up in a memo. that is classified and arguably covered by executive privilege, too. the trump team saying if they're privileged you cannot use them against us in court. >> the doj will appeal. how long will that take? >> doj filed a notice of appeal. we are at the district court level in federal court in florida. they will appeal. if they appeal they go to the 11th circuit court of appeals and takes a long time. in the meantime what doj has said they'll do is ask for a stay which is basically asking the court of appeals for a pause and specific cli focused on the 100 classified documents. this is out of the 11,000 total so ta

this is what raises concerns, both at nara and at doj. that you have all these people going around these potentially sensitive documents. >> we're talking about a place that employed a large proportion of foreign nationals as staff which -- it is not necessarily bad to have someone from another country working for you. but in terms of security purposes, people who could be agents for other foreign governments, it sounds like it would be relatively easy to plant someone inside mar-a-lago, if they were of a nation that was not our own. >> that's certainly a concern. especially seen the number of incidents at mar-a-lago over the years, where former nationals were able to go through security or even just americans as well. this is very much a concern here. >> i wonder, nicholas wu, when we talk about trump in the material he was interested in keeping, it seems questionable about how much detail we are actually going to get in terms of anything beyond the classified designations or non classified designations. but the new york times has intere

the doj is saying, that's ridiculous.onal defense classified documents and the government has an absolute right to them. donald trump has no right to them. even if they are personal records as trump seems to be saying, the government's compelling interest in getting access to them as part of a criminal investigation trumps that as a matter of law. the doj also takes on what trump is doing by referring to these records as classified, in quotes, saying that the doj has no evidence that they're classified and that the president has an absolute right to declassify but not arguing that trump did declassify these records, that the doj calls that out as hypothetical and they say that the public is suffering irreparable harm every day because they need to investigate whether anyone saw them who shouldn't have seen them and there were empty envelopes marked classified in them. they need to find out what was in those. on their irreparable harm issue, katy, they may have a vulnerability because they first learned of the documents in

the doj used that filing as a vehicle for other purposes, you know. they released that controversial photo, they talked about believing obstruction occurred here. there was a lot in the filing that was not necessary. the trump filing focused on the issue of the special master. having said that, that filing of the doj is serious, i mean, they said agents believed they saw obstructive conduct, of individuals trying to obstruct their investigation. that's a very serious thing to see in a filing because it tends to create this path that's hard to walk back from for prosecutors. >> john: jonathan, call for number 2 here, the trump attorneys are making the point without the appointment of a special master, the department of justice will be the only entity that is framing the entire narrative surrounding these documents, the seizures as you pointed out, we saw that photograph included in the doj filing with the court. what trump's attorneys said, left unchecked the doj will impune, leak and publicize as spents of the investigation with no recourse but to tru