the doj apparently think so. we will talk to msnbc legal analyst joyce vance about why that could be the case. and whether we can see yet another search warrant. her search warrant ♪♪ great value starting at six dollars. only from ihop. download the app and earn free food with every order. my most important kitchen tool? my brain. so i choose neuriva plus. unlike some others, neuriva plus is a multitasker supporting 6 key indicators of brain health. to help keep me sharp. neuriva: think bigger. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ (woman vo) sailing a great river past extraordinary landscapes into the heart of iconic cities is a journey for the curious traveler, one that many have yet to discover. exploring with viking brings you closer to the world, to the history, the culture, the flavors, a serene river voyage on an elegant viking longship. learn more at viking.com ♪♪ whenever heartburn strikes get fast relief with tums. it's time to love food back. ♪ tum tum tum tum tums ♪ people remember ads with young people it'shaving a go

we expect the doj will diligently investigate and prosecute such bad actors.y people say it is about time to the public is made aware of what the biden family has been up to peerless >> our democracy was stolen in 2020. former heads of intelligence agencies and law enforcement agencies colluding with big tech social media companies and the mainstream media decided, "hey, we don't want the american voter to know what the content of hunter biden's lap tip are." >> one timothy, covered up information about to the fbi by hunter biden. there have also been allegations, he suppressed evidence about hunter biden provided by tony bobulinski but those claims are also false. but now the decision to charge hunter lies in the hands of the u.s. attorney david weiss. the prosecutor by former president trump. we will be watching for an outcome 32 days to go until the midterm elections, carley. >> carley: brooke singman live, thank you. let us bring in jonathan gilliam, navy seal. what is your initial reaction to all of this? wealth it is interesting, you know when i think ab

government documents, the doj's broader investigation is compromised.y specifically about why the department needs access, and pronto, to those documents. those records, quote, may shed light on for example how the materials bearing classification markings were transferred to trump's residence, how they were stored and who may have accessed them. and while we know that having a bunch of classified documents at your beach club may break certain laws, the justice department notes tonight that even the records not marked as not classified may constitute evidence of potential crimes. mainly obstruction and concealment of government records. the reason they have to go to the appeals court for this is of course because of trump appointed federal judge, aileen cannon who has repeatedly ruled in trump's favor as he has sought to block the government from getting access to its own documents that it seized from trump's florida home. the way the doj got access to the approximately 100 classified documents from mar-a-lago was by getting the 11th circuit to overrule

and what to doj do? they had to walk it back and issue a correction and you know what they did? their statement said some low-level staffer got it wrong in a litter. bill barr has responsibility for you go on wolf blitzer, if it's our case, any person who wants the real story was a give him on the phone, make sure. those three instances and others again like with a mueller report first impressions are so powerful and he's out there using doj's seal to fan the flames of this thing. it is about he took it back later than if he didn't? yes, it is but he did so much damage of what he did early on that it'll think he can forget. we should my people to post q&a if they have question posted in the q&a or the chat and i think the last 20 minutes or so we will try to take viewer q&a. >> yes. we will open up collation and just about five or six minutes if you have questions. nasa time to put them in. i'm looking at them and will start rallying them off. we got some going which is great. this one is a little bit mo

of doj cooperators. people have made something, wrong mayor some responsibility maybe not. maybe they just saw something bat. but they are more than willing likely to admit that they get themselves in trouble. don't get me wrong, some of them may end of resisting. they are resisting having to come talk. in all likelihood of two huge overcuts a murmur gets their documents, they would wisely tell the truth because ultimately it is their career that they need to protect not the former presidents. >> into. that okay. dennis of all us jacqueline element, thank you so much. talking terms it is 23 days to go and in one key state early voting starts today. plus, it is brand-new. the top ten democratic presidential candidate for 2024 ranked. 202 ranked will you make something better? create something new? our dell technologies advisors can provide you with the tools and expertise you need to bring out the innovator in you. ♪ what will you do? will you make something better? create something new? our dell technolo

he did not know, high did he did not care, today the doj and fbi, they are interviewing moms and dadshe fbi as political enforces of the diagram creates. democrat. >> book, justice corrupted. let's hone in on mar-a-lago. i say these so-called former federal prosecutors and legal analyst, you start with that warrant, it was so broad it was outrageous, then you move into breaking into donald trump's home. latest latest leak, he moved documents, he moved documents from one room to his office, they think they have an obstruction case, what do you make of this and leaks. >> in 230 years of our nation's history, this never happened we've never seen the department of justice raid the former home of a president. it is done by an opposing party because that i want to attack donald trump, there was a fishing exposition. everyone has taken documents from previous administration, the biden administration, is looking to gain political advantage. and one thing that the book justice corrupt talks about. is started off with richard nixon, he tried to use doj and fbi and irs to target his political en

doj really wants to put the pedal to the metal.amiche: a quick question, is this special master backfiring? >> absolutely. yamiche: ok. it was so nice to have you all around the table. thank you for coming here and sharing your reporting. don't forget to watch on saturday. you will get the latest on hurricane ian and the recovery from the storm. my heart is with all of this impacted find a storm in my native state of florida. thank you for joining us. good night from washington. >> corporate funding is provided by consumer cellular. additional funding is provided by the yuen foundation, committed to bridging cultural differences in our communities. robert and susan rosenbaum. the corporation for public broadcasting. and by contributions from viewers like you. thank you. [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] ♪ female speaker: funding for this program has been provided by... the leichtag foundation, the san diego county board of supervi

but if you get a bar fight or something you won't be covered by doj. and bill barr look to that determined that donald trump's comments, that was part of the presidency and i was very outspoken at the time and that was absolutely wrong, the wall the present has a very broad a job description, they can to be part of it. i felt vindicated a couple weeks or months later when a federal judge who appeared in front of, took the same vision as an outcome of the doj coming cannot do this case because it can possibly be within the scope of the residency to defame somebody who is accused of assault predict and under bill barr, that doj appeal to, and when merrick garland comes in, and said we will continue this appeal keep fighting. i think it was wrong. and i think also america garland it missed an opportunity to say that we are different, not doing things this way and stretching the law does prosperous extreme just in order to protect donald trump. i think what merrick garland was doing is searching for the path of least resistance the path of least political

the trump team is daring doj once again to come get him and we'll see what doj does. >> this is another those stories that makes you think about what, and you say it's trump in the sense if they served a search warrant at my house looking for things and i had them in the other house, i think i'd raise my hand and say here they are. what do you do if you're the justice department and you believe there are more documents? how long do you negotiate before -- they negotiated a long time at mar-a-lago before a search warrant. >> i mean, frankly, they probably would not normally have to keep negotiating at this point. i think there's some frustration. i felt as a former prosecutor as to how many bites of the apple are you going to give him? but, on the other hand, it's not like it's all to trump and his lawyers' benefits. all of this conversation can, one, supply evidence of probable cause for searches for other places as well as putting those lawyers in further jeopardy for representations they're making. it's all at this point part of a criminal investigation. >> to stay on the legal part,

so i think the doj is going to go at these attorneys.criminally exposed here. let's talk about this. i think with regard to charging trump for what he instructed alex cannon to do, i think it's there. you have to prove that at the time he did that, trump knew that there were more documents and was willing to lie about it. the evidence seems to indicate that he did know that. and certainly the more we learn that he packed certain boxes himself, the more it becomes evident that he was quite aware of what he had. in fact, it's personally passionate for him, as you said. these are things that mean something to him. whether it's love letters to kim jong-un or it's dirt on a foreign leader, he likes that stuff, and he doesn't want to give it up. so he's never asserted i didn't do this, some clerk did it, some movers did it. it's him. he owns it. and the more he talks about it, nicole, the more fodder he gives to prosecutors. >> and he never was awash in the substance of the daily pdb. so whatever he curated was, as you said, of particularly ke

i wouldn't advise donald trump to test doj in way he is.ry won't be told until we see what happens with merrick garland, how methodical the doj is proceeding. it is unusual to have this amount of insight into any investigation that the federal government is conducting in a criminal matter. usually don't even know this. in this case only so much we do know. only say that because there are years that investigations go on. in this case it's going to take until the conclusion of the matter before we know the full story of what doj and merrick garland are doing. >> director brennan is staying with me. up next on "the reid out," president biden's chilling warning about nuclear weapons, using the word armageddon. "the reid out" after this. arma. "the reid out" after this. nsurae on a fixed budget, remember the three ps. what are the three ps? the three ps of life insurance on a fixed budget are price, price, and price. a price you can afford, a price that can't increase, and a price that fits your budget. i'm 54, what's my price? you can get cover

doj has to be prioritizing this case. you know, this really jumped out of obscurity as a matter of the government wanting its documents back to a case where trump has essentially dared the justice department not to prosecute him by engaging in prolonged acts of obstruction of justice. >> all right, joyce is going to be back in the next hour to sort of keep digging on these developments, thank you so much for jumping on as the news broke, we're really grateful to you. >>> up next for us, the oath keepers trial continued today, but they are not the first group of americans to be charged with seditious conspiracy. a new podcast from our dear friend rachel maddow explores how close we came to a group of ultra-right extremists overthrowing the u.s. government. they came so close in 1940 that the fbi decided their attack was imminent and something had to be done. take a listen. >> in new york, the alleged ring leaders of a fantastic christian front plot to overthrow the united states government by force are now behind federal b

i say unlikely because doj doesn't usually subpoena targets to the grand jury and it's far more likely that it some point he'll be using the experience against morrow to help when he testifies in his own criminal trial in regards to either the mar-a-lago documents or the january 6th in his role in the insurrection or both. that the say the walls are crumbling down on the former president, and although i appreciate how tough it is for people to have confidence that the legal system is up to trump, one of these many cases will trip him up if not more than one of them. >> what's your sense of it paul? in the case of the mar-a-lago situation, the handpicked literally the special master. that didn't go the way they expected. in the case of january 6th, trump has been blustery about it. hey, i'm happy to talk to about about a, as long as it's live, as long as i get the open mic, i'm good to go with that. i think he still got some lawyers representing him in this matter. they can't possibly be enamored of the idea that he's going to go and say whatever he feels like to the january six committ

doj, of course, objected. doj won in the court of appeals. the court of appeals said those 100 classified documents, they should not go to the special master, donald trump does not have a an interest in them and they can use those documents starting right now in their investigation and in their national security review. donald trump, he loses that, and he tries to get it up to the supreme court. and yesterday as you said, victor, the supreme court in one sentence says, no, we're not getting involved, the court of appeals ruling stands. so donald trump has lost this issue. these 100 classified documents will not go to the special master, they are doj's to do what they will with in terms of their investigation. >> one more time on this new video we saw yesterday, the new video from alexander pelosi, the speaker's daughter, who was there filming a documentary, kept rolling as all this was unfolding. you have known, and we have heard from first person accounts, from witness testimony about how things were unfolding at the white house in those mom

the doj coup, the electors and -- and the like. each of those is an individual crime, so the doj would have to take and is in the process now of taking them and filling in the very particulars of each episode to make out a crime beyond a reasonable doubt, taking account of all the offenses and the like, but it's a different job and i certainly agree with him that themematically they have a one-two punch. they have to be much more detailed and beyond a reasonable doubt construct a kay. there are several there that they are considering. people have different opinions about what would be stronger, but generally they have a different job, but they have been aided immeshelly by what the committee has done. >> to one is going anywhere. when we all come back the d.c. officers that we as a public have come to know in the aftermath of january 6th. they have been calling for justice and accountability since the very public hearing had in the january 6 committee and they are still asking for justice and accountability today. we'll talk about

the doj appealed and garland decides we are going to keep fighting this. i think it was wrong and i also think he missed an opportunity toay say we are different. we are not doing things this way to this preposterous extreme in order toou protect donald trump. but i think he was doing there, he seems i to be searching for e path of least resistance to make as few waves as possible. i think that's a mistake. he needs to undo some of them but not all can be undone. i disagree and. we will see how it comes out but it's a missed opportunity. >> i believe there's cannot bed with that decision one of the other things i want to ask about because i'm fascinated with this concept of an endgame and we've seen it with multiple officials with their time in the administration or after they were designed i pushed you just didn't see it. after it was clear that he had lost in the weeks after it seemed that bill barr was changing his tune a little bit. we've spoken about belmar being in the news where he was quoted as saying i have suspicions all along that the claims wer

maybe even the original march 11th subpoena so i think that doj served a subpoena and trump has someief that he's trying to raise with judge how, this is sort of -- this tea leaf reading, but the tea leaves and d.c.. that's what they are fighting about, and if he loses that means that the subpoena commands, they original subpoena says, give us everything from everywhere. remember, doj suspects but doesn't seem to have enough to rise to probable cause, they still have some. it could be saying that they didn't comply fully without subpoena, and let's talk about it but in a secrecy, just because as a granary issued a subpoena, technically. >> we'll tell you, when i hear it subpoena, i can't help with what the january six upon us. that was, no issue to the former president of the united states. it was on the backdrop of the january six committee and the notion that democracy being in peril it was a clear and present danger. you wonder how this plays politically. because you do have the overwhelming discussion and talking points from at least the trump team of this is yet another attack,

doj really holds the power here. if i was back at doj and i was given this offer, we'll walk you around mar-a-lago and show you where you can look, i wouldn't be all that interested, and i don't think it's likely to be fruitful or productive. >> elie, kaitlyn, josh, good to have all of you with us this afternoon. thank you. >>> president biden is keeping his focus on economic issues. he's speaking on the student loan forgiveness rollout back in his home state of delaware. he also has a new midterm prediction. that's next. liberty mutual. they customize your car insurance, so you only pay for what you need. contestatants ready? go! only pay for what you need. jingle: liberty. liberty. liberty. l liberty. in my book, saving while shopping is a no-brainer. so, i use rakuten to get cash back while i'm book clubbing. cha-ching! so, how does that work? well, stores pay rakuten to send them shoppers. rakuten shares that money with us, in a check or paypal paynt. it's free and easy. age-reted macular degeneration may lead to

mistake the doj should not a file this document. this was a mistake. what it does show is that they have a process in place and that process is working. the things they are separating are things that might potentially be privileged. one thing that is interesting is that we would need to know more, it's hard to tell from the descriptions. but a lot of it looks like it is not ultimately going to be privileged. so, they're putting aside things in an excess of caution that ultimately, i think, they will not need to keep the latest privilege. >> because you know -- about certain documents, does he have any claim over documents that were flagged, things that related to his business dealings. >> he will have a claim to the personal documents that they decide should not have been ceased under the search warrant terms. ultimately they will give some things back but what i'm saying is, a lot of the stuff is not particularly exciting. doj does not want to venezuela. >> according to the reporting, jim, several of the records pertain to legal work for trump, lawsui

these calls are closely guarded inside doj. what gives me some confidence here that we are headed in that direction, alicia, as you pointed out, garland really is the consummate institutionalist. he believes that the institutions are essential to moving forward as a rule of law country. he believes the institutions are worth protecting. that is caused him criticism by the public. they thought he was too cowardly or perhaps just too slow to act. it would be a benefit if he does ultimately decide to indict. it means he will be thorough. he will be measured. he will have thought it through. this won't be any sort of a half baked indictment. it will be really a top level sort of an effort by the justice department. >> i want you to talk us through your new reporting. what is trump's mindset about speaking to the january six committee? >> i think it's not made a. i think he thinks he's the best spokesperson for himself, if he goes before investigators he will be able to cheer his name and convince the january six committee that thei

the doj has issued search warrants to get what options does the doj have now to track down the materialieves it is reportedly still missing. >> ierstand that donald trump has properties literally all over the country in some cases. outside of the country in some cases. the significance of that is that as we said in interviews, he was an interview with fox news he said about declassification with his mind, and get him on track, we talk about that before, when you said something i thought was particularly interesting about where these documents may go. and to meeting apart that they may go to mar-a-lago, or the median other places. had the significance of that is that i believe given the good faith basis that doj likely has with this, point they may be able to pursue search warrants for all of his properties to make a determination -- determination to see if anything else there that has not been returned or discovered maybe in the other properties that donald trump owns as. well i think it's where we go from there. that's what we may see happen. it is a good faith basis to believe that th

ken, what is the doj looking into right now? >> reporter: lester, people familiar with the matter tell nbc news the justice department suspects the former president still has documents that belong to the government, possibly classified material. the sources tell us a top doj official recently informed trump's legal team that investigators don't believe trump returned all the documents he took when he left the white house. by law all presidential records belong to the national archive, not the former president, whether or not they are classified the doj in recent weeks has signaled in court filings that there may be missing documents noting fbi agents found 48 empty envelopes marked classified when they searched mar-a-lago in august one big question is whether the justice department will take legal action to force the return of any potentially missing documents. in a statement to nbc news, a trump spokesman did not address the issue of documents but accused the doj of acting for political reasons. the justice department declined

there are conversations going on at doj about what comes next.an't execute an additional search warrant unless you have probable cause to believe that you will find evidence or fruits of crime in a specific location. and this notion that there was communication to trump's team of these concerns, almost makes you wonder if doj is not using in age-old strategy called tickling the wire. sometimes to do it when you have a wiretap up, no indication that that was true here. but what you can do is go to defense council or defendant with information about something that you are looking at. to see what they do next. to see if there is activity, if there is movement, there is a flurry of conversations and connections. especially if you have people on the inside that you are talking to, or informants or at least witnesses who will talk to you. it can always be very intriguing to see what happens next. after a leak of information of doj like this one. >> so look, i always remind myself, i remind the viewers, all of this is happening along multiple tracks. on

they have people held in contempt by the same doj. >> now we have a lawyer.quite -- you said may. is this because you don't want to offend anyone at doj and say they were led by the committee, or do you think they changed they changed -- because of their work. >> we don't know what was going on in the grand jury. before you if all appearances it certainly looks like the doj learned about a lot of testimony and facts they didn't know but now they're doing what they should do. their acting on it. as in any investigation. >> i'm not shading them but folk want to be careful. it is part of prosecutors jobs and they look up and see a report about tax evasion in the paper, that may start a probe. when you look at these militias, what does it mean to america, this is the big question, not just the law, but what does it mean to america that it is now this week a convicted sedition conspiracy? >> it is convicted but also if you look at the oath keeper trial going on, it should wake people up because the defense and the prosecution, they don't disagree. they both agree

, doj 11th circuit.late last -- >> and it looks like we may have lost hugo as well. joyce, if i have you. i am going to bring you into the conversation. because i know that you obviously had a reaction online. i saw your tweet earlier today, talking about this appeal filed by the department of justice. let me read that for folks. trying to get you go back, to, so we want to bring him back into the conversation. doj has filed a motion to expedite the remaining issues pending from the 11th circuit after the mar-a-lago search. they cite the appropriate local rules for expediting, and make a compelling -- talk us through the case [interpreter] -- [interpr eter -- ready for the court of appeals to rule. the parties have reached the fact of top with the law and their papers before judge cannon. the 11th circuit has already had a first by the apple when they ruled on the state motion. the issue here is whether judge cannon should have exercised jurisdiction and heard this case in the first place. doj says no, s

nair talking about defunding the doj. the doj is a democratic op. right? using on the campaign trail, despite the fact that they're dialing it back a little bit on january 6th, is still playing into mark kelly's message on this, for sure. >> rev, the best, most devastated and effective political attacks are the ones that are true. the ones that are so true that if you're attached to reality, you feel them in your bones. and the truth is, on national security, on domestic security, on domestic terrorism, on abortion, republicans are the most dangerous force the world over. >> and not only are they the most dangerous force the world over, imagine if they were totally in charge of national security. and imagine they were totally in charge when you have putin making the kind of threats that he's making? and you've got people who don't stand or believe in thinking that would be in charge of our security. that's what the democrats need to be saying. that if you have people that will do whatever it is opportune for them at that time in charge, they will sacrifice

doj shouldn't have filed this document. this was a mistake. what it shows is that they have a process in place and, yeah, that process is working. the things that they are separating are things that might potentially be privileged. one thing that's interesting, it's hard to tell from the descriptions, but a lot looks like it's not ultimately going to be privileged. they are putting aside things in an excess of caution that ultimately i think that they will not need to keep away as privileged. >> you know he filed this, right, with the supreme court about certain documents. but does he have any claim over documents that were flagged like things that related to his business dealings or health? >> he will have claim to the personal documents that they decide should not have been seized under the search warrant. ultimately they will give some things back. i think a lot of that stuff isn't particularly exciting. >> according to the reporting, several other records on the list pertain to legal work for trump, lawsuits and other legal disputes. does

that's happening in parallel as the doj is doing its own investigation.re do those thing intersect? i would assume if deery decides the classifies documents are indeed privileged that then affects the doj investigation, is that right? >> that's exactly the right question to ask because that's where this gets tricky. if the justice department takes investigative steps based on these documents, they knock on people's doors they learn something else that leads to something else that leads to something else, then just down the road, it's not just judge deery, it's judge cannon deciding something in that tranche was in fact privileged and they should not have looked at it, it creates opportunities for all kinds of mischief. what should she then do because investigators have exposed information that they should not have seen. that is isn't january that she make 245s decision, all kinds of things happened by him. in a minimum, does she say those people have to be removed from the investigation. does it poison -- the poison tree as they say, and stuff has to be t

attempting to corrupt doj.egally pressuring state officials to change election results in their states. orchestrating and overseeing an effort to obtain and transmit false electoral certificates, pressuring pence to refuse to count electoral votes on january 6th. pressuring members of congress to object to valid state electors. filing false information under oath in federal court. summoning thousands of supporters to washington on january 6th. refusing to disband those rioters, the body of evidence that you have marshalled to support every one of those allegations is extraordinary. does the document request for trump fall under those specific allegations or are there new things that you want to shore up? >> well, if you'll take a look at the requests for documents, some of it is to shore that up. some of it are concerns we have in other areas, for example, witness intimidation, and interference with the committee's action. but i would just recommend reading through the requests for documents because i think tha

a couple of things coming out, durham is just another part of this doj because he works for this doj. is he being pressured by the doj to mitigate this or less in these charges and get rid of this thing, or is this a crime for help saying this is all i can do. these accusations, was there any transparency? can you track this behavior back to any specific person or groups of people and is there positive or negative outcome for the things that he did, danchenko himself, or any other people involved? constantly and consistently expresses back the dnc, the biden, the clinton, to anything not trump that is pushed on the left. it also presses back to the doj and the fbi, people who actually praise danchenko after investigating him back in 20094 up intentionally being a spy for russia. and by the way, fiona hill, the person that testified against trump during the ridiculous impeachment trial about a phone call to ukraine, she is the one who introduced danchenko to christopher steele in 2010. that's very interesting when you look at the totality of all these things. >> todd: a lot of detail t

doj we know the answer to that. we haven't really seen that clarified in public.fficult case, if you had doj, that is more compelling case. if you have a sitting president who can participate and insurrection, it leads it, conspires that's part of it or somehow animates it in an effort to hold on to power, to overcomes the will of the american people, in many ways you are compelled to prosecute that case, whether it's a case for considered just conspiracy lori conspiracy to interfere with government process. and doj will take that obligation very seriously no matter whether they, where they end up landing on that. i don't think the two cases are mutually exclusive. i hate saying it is unprecedented, but it truly is. we have never had a president to gauged in so much criminality on so many different fronts. and so doj will have to face a decision based on the evidence in the law here. >> to a scab, think. you nicholas wu, thank you as well. after the break everybody. does the insurrectional boil down to the former presidents desperation to not lose election and avo

will doj do its?hat's the question now. >> and during thursday's hearing, we also heard from people around trump about his mindset. let's take a look at that. >> so, we're in the oval, and there's a discussion going on. and the president says, i think it's -- it could have been pompeo, but he says words to the effect of, yeah, we lost, we need to let that issue go to the next guy. meaning, president biden. >> i remember maybe a week after the election was called, i popped into the oval just to, like, give the president the headlines and see how he was doing, and he was looking at the tv, and he said, can you believe i lost to this f'ing guy? >> mark raised it with me on the 18th, and so following that conversation or the motorcade driving back to the white house, and i said, does the president really think that he lost? and he said, a lot of times he'll tell me that he lost, but he wants to keep fighting it. he thinks there might be enough to overturn the election, but you know, he pretty much has ack

and the doj usually does things without announcing it.feels to me like they are really moving aggressively on many fronts including this grand jury. they are thinking about trump and they want him in to tell his story. i think there is rapid movement just in the last month. >> bureaucrats are not known for their ex peed speed cents. i wonder in 2024, the exhaustion, politically, even with his own party. >> and the political implications. there are criminal implications. when i see top secret documents in a secret hearing, my ears perk up. so we'll look forward to hearing what that is it all about. >> is it like you're a journalist and curious. what can i hear about? is there a secret? tell me more about that this we have more to come. you know what they say, allison, it is the economy, stupid. let's put aside the stupid part for a second. the pocketbook issues will decide the elections in how many days? >> 12 days. >> brilliant. when they're sick, they get comfortable anywhere and spread germs everywhere. wherever they rest protection not

i think the 11th circuit is going to rule for doj.he question is will they pull judge cannon entirely off this matter saying she has no jurisdiction to begin with. >> all right. dave ehrenberg, thank you so much. that was very insightful. appreciate it. >> thank you. >>> turning now to georgia where contentious race could determine which party controls the u.s. senate. senator raphael warnock faced off against herschel walker last night after weeks of bombshell allegations leveled at the former football star. >> week before the debate, a former girlfriend made public accusations saying you paid for an abortion and encouraged her to have another. an abc news interview you said that the accusations are, quote, all lies. for the voters watching tonight can you explain the circumstances surrounding these claims? you have 60 seconds? >> that's a lie. i put it in a book. one thing about my life is i have been very transparent. not like the senator. he has hid things. at the same time i said that's a lie. >> cnn's eva mckend live from savann

so, the doj is basically probing among other things whether patel lied in an illegal way about that ascooperation from more individuals. we turn now to someone who knows these issues inside and out. mary mccourt is a former acting assistance attorney general at the doj, also a georgetown law professor. you know exactly these issues and some are trickier than they sound because there are unilateral authorities and there are national security concerns that sometimes are sort of with legal concerns. thank you for being here. given everything i just mentioned, i'm curious what you think of the status of both those cases, the national security versus whether laws were broken. >> so, you know, there's a lot seems to be going on at once here right now, ari, as you indicated. i don't think we'll see anything ground breaking this close to the election, but the wheels are still moving. revelations of the department seeking -- district of columbia with respect to compelling certain testimony of various people, whether it's kash patel, the military aide in the mar-a-lago investigation, or white ho

when you've obstructed an investigation in the way the former president has, the doj can sift through with the criminal investigation. >> so, ken, if the supreme court does indeed grant this, will this affect the doj's access to the classified documents? and what would be the significance of those classified documents being handed over to the special master? >> it wouldn't be -- it wouldn't affect the doj's ability to use these classified documents in their investigation. they're doing that now and the trump side did not appeal that part of the 11th circuit's stay. but the justice department would say it would be a terrible precedent to be set in this matter. they say, donald trump does not have any right to see these documents and, therefore, they should not be reviewed by a special master. obviously trump disagrees. >> thank you. >>> up next, making history in space. how nasa successfully knocked an asteroid out of its orbit and why scientists are calling it a giant leap for planetary defense. for planetary defense. this table is on its last leg. y'all need this. you're kelly clarks

if doj wants they could get another search warrant. they don't have to be politely escorted around, they could go to wherever they need to go. it is the question of will here. >> it is great to see you on set. >> all right. >>> and still coto come, russia officials try to relocate towns of people in kherson. we're live in kyiv with the very latest. >>> plus less than a week out from early voting. texas wants to take a closer look at how one of the state's largest and more libberal counties run its voting process. a move some is believed to be political motivated. >>> and a missing princeton university student who hasn't been seen in nearly a week. of l. new science shows it getets in between teeth to destroy 5x more plaque above the gumline than floss. for r a cleaner, healthier mout. listerine. feel the whoa! your style is your superpower. yours to create. and own. your best style starts with tresemme. our most advanced formulas. infused with saloinspired ingredients. like hyaluronic acid and pro style tenology. pro-smooth, pro-shine,

we have talked about doj. we have talked about this mar-a-lago case.itch to the new york state case against trump's businesses. this week, we learned that trump's lawyers created another company just days before the new york ag filed a lawsuit against the trump organization. the ag says the trump organization, quote, now appears to be taking steps to restructure its business to avoid existing responsibilities under new york law. raising concerns that the business might shift assets out of state. i mean, what reasons could trump's lawyers have for creating this organization? >> oh, this is a clear effort to run around their legal trouble to new york. if they could set up a trump organization part two in a different states and move all the assets to that organization, the new york attorney general has no jurisdiction there. they can thumb their nose at her. but i think one thing that might be during her to do is to raise those assets so that they cannot be transferred out of state. she has some cries to play here as well. >> barb, joyce, co-host of the h

there is no question why the doj doesn't trust him. they have been able to recover documents. we don't have full daylight into all the transparency here, they have a trove of couples marked classified, marked top secret and other things. the fact that at this point. 18 months in, there is an ongoing dialogue about trying to get documents even when the courts have been involved, the supreme court has been alerted, a special master has been assigned, to think that he would feel to so entitled to, a, have them, or not to be able to have the level of trust and credibility with the doj when he is a former head executive branch of government to say trust me is really quite stunning. >> would the justice department demand trump returning any outstanding classified documents if they didn't know he had them? >> you know, on the one hand, yes. to make sure. dot the i's, cross the t's. if you don't believe somebody has been truthful with you, the demand could be out there to preserve your ability to make the argument in a courtroom later on. you never asked me. we don't know what i had b

doj's answer is interesting.sition to the master, they rightfully so don't want this ancillary civil proceeding looking at their criminal investigation. so i think that's why they're trying to be very minimalist in terms of their cooperation with the special master. cannon having appointed one is just enormously intruce irv into the criminal investigation. i think the doj is reacting to that. >> shan, there's new cnn reporting that surprised me that trump is considering letting them search mar-a-lago again. how can that legally help his case? >> it could legally help his case because if the doj genuinely is negotiating, which i think would be a terrible idea, they're giving him plenty of notice to basically clean up the crime scene. so it's kind of like, come on in, look for evidence, you don't find any and that helps my case, i'm actually innocent. now, i don't think the doj is quite that innocent. they've been burned once, twice, three times before. the kind of dialogue they're engaging in could give them new t

doj is in a bad position. trump people are in a worse position. they're certifying that the documents are all disclosed. other attorneys are coming out saying i would never say that. so it's a big mess and someone has to cut the knot and trump wants it to be the supreme court. i think it's going to be the 11th circuit. >> the 11th circuit which has been more friendly to doj or fallen on their side for decisions. what does this mean for national security that the doj doesn't have access to most of the documents because of the special master process? >> it means they can't do their job. we're talking about fundamental interests. we don't know what these classified documents are given all the allegations concerning trump's bizarre relationship with north korea and russia. we don't know whether these classified documents are in the heartland of issues dealing with those two regimes or saudi arabia. but what we do know is that national security agencies can't get a look at the 11,000 documents that are critically important for them figuring out what el

how dire is the situation for the doj?een working on borrowed time because a lot of these prosecutors who were helping this case are basically lent out from local u.s. attorneys' offices. so they've volunteered personnel to be a part of this investigation. a lot of that has been eased a little bit, in fact, by some of the covid protocols we've seen over the past several years because a lot of these cases were working through over the phone system, where prosecutors can call in, don't have to fly in and out for in in-person hearings. but you have a situation where the u.s. attorney's office in d.c. is being aided by these federal prosecutor officers across the country, and it's not something that is set up for the long term. i think that's how you have to think of this, is a long-term project because, you know, basically think of this as a five-year-long span investigation or running beyond that, but the five years is essentially when you have to bring most of these charges by. and just based upon the numbers of how many pe

doj routinely gets people's text messages directly from apple without telling them.etty sophisticated in their ability to find out everything that takes place electronically, but they have no clue who's doing this, the biden justice department, is that what you're saying? >> that's right, tucker. so the department of justice and the fbi, the same folks that are able to find the grandmothers that posted pictures of themselves at the capitol on january 6th, the same people, right, the same ones going after parents that are holding their school boards accountable for crt in schools, antiwhite racism and grooming of kids, yeah, those same folks going after the pro-life activists that simply sing hymns in abortion clinics, those folks can't find these people making calls in through federal agency hot lines sending police officers to swat my home. so i'm not sure about what's happening there in the department of justice of the fbi, buck the biden administration, their ideology, what they want to do its they know no longer care about law enforcement. ththey're communists. t

against 2 individuals who he says tried to interfere with the doj investigation. the defendants directed employee at a u.s. government law enforcement agency to steal confidential information about the united states criminal prosecution of the company. that company is the chinese telecommunications company wall way. garland says the chinese intelligence officers wanted the u.s. employee to obtain confidential information like witnesses and evidence. but in fact, individual they recruited was actually a double agent working on behalf of the fbi, fbi director christopher wray points out that this isn't the first time china has done something to help one of its own companies. i've been repeatedly sounding the alarm about the chinese government's disregard for fair business practices for international norms and for the rule of law, the doj says the 2 intelligence officers get more than $60,000 in bitcoin to the double agent for what they believed was insider information. this was an egregious attempt by prc intelligence officers to shield the prc based company from ac