> my sincere thanks to the president for the honor of his nomination. >> reporter: that's what eileen cannond at her senate nomination two years ago. now a federal judge, he ruled in trump's favor this week. >> the federal judge granting the former president's request for a special master. >> reporter: trump appointed cannon to the bench. the 41-year-old granted his request for a third party attorney to examine documents, some marked classified seize friday his florida home last night. item rarely halts the justice department's review. she took part in greek life, a member of delta delta delta, graduated from duke university, part of the federalist society and national network of right-leaning lawyers and member of a yacht and country club in florida. sh she's worked for the u.s. department of justice and as an attorney for private firms and the u.s. attorney's office, she wrote she handled a range of cases from firearms and narcotics to government investigations. but before the senate committee -- >> on behalf of senators rubio and scott from florida, to introduce eileen cannon. >> she focu

eileen cannon is a specific actor in this. what do you make of the decision today on her part? really disappointing. again, the positive thing, judge dearie appointed by president reagan, a republican appointee, was sort of pushing a fact finding effort here. essentially, here's the inventory of documents that the fbi and the justice department created. tell me which one of these documents might have been planted. like which ones, you know, you are suspicious about? that's what he was requiring from trump's lawyers next friday. just a week from now roughly speaking. and judge cannon threw all that out. just said you don't have to answer that question. and it's frustrating. this is a legal procedure. it should be a fact finding exercise. >> yeah. >> and they don't have to present facts. >> there is some talk that, look, the ultimate focus of this, that investigation, the analysis of all that, proceeds forward without the involvement of eileen cannon. and, yet, this politically feels like a gift to trump. the mere fact that he does not have to substantiate his claims, that the fb

judge eileen cannon called a recess. what was going on right before?g for the lawyers on both sides who will come out and give us their take on what they have presented to the judge here. most importantly the judge says that it's not going a ruling from the bench. it's going to be a written ruling in due process, which means that it may not be today. however, it may be today. it may be just a filing. so what we've done is just a short distance away here set up some cameras and we have a camera there where the lawyers will, we believe, will go and tell us what they think. they're exiting the courthouse right now over my shoulder here. while there are a group of reporters who have gathered around them, they're not speaking just yet. i have a producer over there texting me that -- well right now, they're literally standing there as reporters are shouting questions. we'll wait to find out what it is they say say and hair their analysis. the department of justice is saying the former president does not have access to these documents. he cannot say they are

federal judge eileen cannon, bret, announced she would order some time soon on special master. no timeline. special appointment of a special master may slow down the criminal investigation into the former president. bret? >> bret: david spunt, west palm beach. david, thank you. the wife of u.s. supreme court justice clarence thomas reportedly pressured lawmakers in wisconsin to overturn the 2020 presidential election results. "the washington post" reporting that virginia thomas messaged to g.o.p. state legislators about that issue. the post reporting earlier thomas emailed 29 officials in arizona after the election. she sent all of the emails via online platform that can send multiple elected officials prewritten messages. no comments from mrs. thomas. her lawyer or the supreme court. a federal judge in south carolina says constitutional protections do not shield senator lindsey graham from testifying before a special grand jury investigating possible illegal efforts to overturn president trump's previous election loss in georgia. the senator will continue the appeals process w

. >> sandra: florida judge eileen cannon dealing the department of justice a setback in the mar-a-lago search. last night she rejected its demand to let federal prosecutors continue reviewing records marked classified that were recovered during that raid. the d.o.j. says those records could damage national security if released. cannon disagreed. she also appointed a special master to review the evidence. david spunt on this for us live at the justice department. hello, david. >> hello, sandra, good morning. that judge, the special master is federal judge raymond deary. he has his work cut out for him. he has to go through 11,000 plus documents seized from mar-a-lago on august 8 in this unprecedented case. he has senior status on the eastern district of new york federal court. he was suggested by the trump team to serve as special master and see if some of the documents should be returned to the president. as he goes through thousands of documents attorney general merrick garland and his department of justice are getting ready to appeal to the 11th circuit court of appeals in atlanta, g

. >> jessica, the doj seemed to have a message for the district judge eileen cannon.teresting, the last part of the appeal here, doj seemed to take a shot to the lower court judge and said she was plainly wrong even stepping into this dispute when it comes to classified documents and they said they're clearly the government's property. the former president has no claim to it and they said plaintiff has identified no harm for merely allowing criminal investigators to continue to review and use the same subset of seized material records. that is why courts have exercised great caution before interfering through civil actions with criminal investigations. they're really implying this judge, eileen cannon, they're implying she shouldn't have stepped in and the fact that zest restr she's restricted doj from using them as they continue the investigation. >> elie, our legal mind, does it say something to you that the justice department is only asking an appeals court to put on hold parts of judge cannon's order, not the whole thing? >> it does, don. this is as jessica said a

we want a neutral third party arbiter to come in, judge eileen cannon agreed with this so if essentiallys means by friday she issued this order before september 9th on friday both teams must come up with a list of special master candidates. so again, in plain english, this slows down the investigation, the say victory for former president trump's legal team carried it doesn't mean the investigation is over but certainly it stops the doj in its tracks because also, jackie, it mentions that both parties including the department of justice should stop looking and using evidence as part of its investigation while at the same time allowing director of national intelligence avril haines complete her review. she is doing a separate review looking at possibly labeling the classification of all of these documents. that will continue, but the actual doj investigation right now is halted. >> jackie: this slows down the doj investigation i understand that, but on the other side how long does a process like this take for special master to be appointed for that person to go through the documents, for

eileen cannon for example, the judge in this mar-a-lago case, it's only 41 years old. 9 when trump nominated her as a district edge. cannon had works and a clerk for conservative judge on the eighth circuit court of appeals, but other conservative trump appointees have not had the most extensive resignation considering that these are lifetime judicial appointments. take the 35-year-old kathryn kimball muzzle who had never tried a case before donald trump gave her a lifetime appointments to the united states district court for the middle district of florida. earlier this year she was the one who handed down the opinion abruptly ending the federal mask mandate on u.s. airlines. where there's 35-year-old justin walker who had also never tried a case in his life when president trump appointed him to the federal bench in 2019. in 2020, judge walker ruled in favor of a louisville wedding photographer who wanted to deny service to same-sex couples. that decision was appealed but just last week, another judge once again sided with this photographer and this time, the judge was

as federal judge eileen cannon mulls whether to appoint a special master, she has ordered the unsealing of a more detailed list of property taken from mar-a-lago. >> you're going to see what trump had and that it was more than just keepsakes and mementos, it was serious national security material. >> reporter: robert costa, cbs news, washington. >>> a former new york city police officer and u.s. marine veteran was given the longest sentence so far in the january 6th capitol riot. a federal judge sentenced thomas webster to ten years in prison for assaulting police during the riot. video showed him using a flag pole to attack a washington, d.c., officer. federal prosecutors wanted a more than 17-year sentence. >>> a u.n. inspection team has entered a russian-controlled nuclear power plant in ukraine to try and prevent a possible nuclear disaster. the 14-member team arrived at the plant yesterday after being temporarily delayed by shelling. both russia and ukraine have accused each other of bombing the area. the plant continues to be operated by its ukrainian staff. >> the ukrainian emplo

jung eileen cannon is giving trump's legal team until monday morning to respond to the doj's motion, deadline for both the doj and the trump legal team to provide their list of potential candidates for special master. this charade has put an unusual spotlight on judge cannon who trump has tried to get other cases in front of before. apparently she's just the kind of friendly ear on the bench that he thinks he needs. last night another florida judge, donald middlebrook, dismissed a separate trump lawsuit that claimed hillary clinton and other perceived political enemies of trump engaged in a racketeering conspiracy to falsely accuse him of can a hooting with russia, russia, russia to gain support in the 2016 presidential election. back in april, trump asked the judge to recuse himself because the judge was appointed by president bill clinton. in his response denying that request the judge wrote, quote, i note that plaintiff filed this lawsuit in the ft. pierce division of this district where only one federal judge sits, judge eileen cannon, who plaintiff appointed in 2020. despite the

district judge eileen cannon say this is case calls for an independent review to address claims of attorney-client privilege and executive privilege. she says in addition to being deprived of personally significant documents, trump faces potential harm by improper disclosure of sensitive information. however, judge cannon did agree with the government that there was no evidence ofica callous disregard for the former president's human rights a justice department spokesman says the government is examining the opinion and considering next steps. the doj had argued against the special master request, saying it is unnecessary and would harm important government interests according to a detailed list of seized property, mr. trump had more than 11,000 government documents at his estate. this ruling temporarily blocks the government from reviewing the records for investigative purposes, however, the intelligence community is allowed to go forward with the damage assessment when it comes to national security risk. a friday date has been set as deadline for suggestions as to who should serve as the special

all eyes today on a florida federal judge, eileen cannon. a trump appointee. now set to decide whether or not a special master will carry out a third party review of the trump's mar-a-lago resort and o- residence. the judge has indicated preliminary support for granting that request. in dueling court filings, a likely preview. in the late wednesday filing, former president trump's legal team argues, if left unchecked, the department of justice will impugn, leak and publicize selective aspects of their investigation with no recourse for trump. but made no mention of trump's claim that he declassified those records. hours earlier, the doj's response called that special master request unnecessary. arguing in its 36-page court filing that they already carefully reviewed those documents. the doj also including a bombshell assessment, saying tat efforts were likely taken to obstruct the government's investigation. certainly the potential charges. we don't know if they'll file. the fundamental question will be, was the primary goal to get these documents back into a

what will federal judge eileen cannon do? we will see what comes out of it.ot approved by the judge this case comes down to was donald trump on the up and up with federal authorities when he said he didn't have any documents when he did and furthermore down the road to say what documents were voluntarily turned over and there were more. so that is what it comes down to. is that what the doj is looking at? a simple case of obstruction much more than having documents in hand, lying about it. >> exactly right. the justice department focus like a laser on the obstruction question. the obstruction case is easy to prove, just say a was false, they knew it was false, there's your obstruction case. we will hear the question that is not related to the underlying question. what we will here is whether the judge will appoint the special master which i don't think will affect the bottom line outcome of this case as much as it might delay the proceedings. neil: how would it delay it? give the special master time to review the documents, everything the justice has? justice

any court filing last week, the doj asked the judge eileen cannon to restore their access to classified-a-lagoe last month. they argue that denying access to the material could stop them from finding any any classified material being improperly stored, which they argued could put national secury at risk. some of those documents documents involved human intelligence, and if those get out, people will die. if there's there's a penetration of signal, literally years of work would b. be destroyed. >> they responded to that request saying there is no indin no indication they were disclosed to anyone, reiterating reiterating they were stored ina locked room and mar-a-lago. the doj argues that even if the judge proceeds with the appointment of a special master, that he or she should have a more narrow scope of work than what the judge had initially or. initially ordered. >> reporter: the special master should not review documents of classification markings. >> there's only one executive who could exert a privilege, and privilege, and that's only the t executive, joe biden. >> they have not agr

b i from his florida home district. judge eileen cannon got her job just months before it's from left office in 2020. the order comes despite objections. from the justice department is expected to slow the pace of the departments investigation into the presence of top secret information at martin lago. let's bring in that bridge fine. he's at former us associate deputy attorney general, who worked on the impeachment, solve richard nixon and bill clinton will. he joins us why skype from tentative welcome to the program. so we're in a nutshell, then what does it mean to have a special master? well, it means that someone outside the justice department or make a decision as to whether certain documents have any proper claim of privilege. it will slow down the process of the department moving forward on its investigation of the 3 crimes that were identified in the search warrant. however, i do believe that under the law, the department has an automatic right to immediately appeal this decision. and i think that will happen within the next 24 to 48 hours. and having read the opinion complet

department of justice lawyers provided arguments to federal judge eileen cannon on trumps request for special master to review materials seized from his florida home last month. doj attorneys told the judge they have already examined more than 500 pages, 64 64 sets of potentially privileged materials. in a court court filing wednesday the former president's legal team claimed the doj's own review of the documents for attorney-client privilege had deficiencies. >> you accumulate a lot of stuff stuff and then all of a sudden you're leaving. and stuff gets packed up. >> the u.s. justice department fiercely pushed back against the the appointment of a special master in its filing this week, saying it's unnecessary and could significantly harm national security interests. the the doj's filing included this stunning photograph of top-secret documents recovered from a container in trumps office there were seized during the august search. it also said the governor had evidence of possible obstruction, alleging the trumps representatives misled federal officials when they claimed all classifie

seized by the fbi during a search of his florida home last month the decision by us district judge eileen cannon came despite the objections of the department of justice the doj claimed an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents the appointment may slow the pace of the department of investigation into the presence of top secret information at moral lago, but it's unlikely to affect any investigative decisions or the ultimate outcome of the probe. happening tomorrow children will return to school in uvalde, texas. you can only imagine how emotional that will be but some parents and students are concerned that not enough security is in place. this comes of course three months after a deadly shooting there took the lives of 21 people at rob elementary. the school district has installed eight foot fencing at3 department of public. safety troopers will be stationed at all campuses. it is unknown when the additional security measures will be complete. it's a historic move for food workers on this labor day

seized by the fbi during a search of his florida home last month the decision by us district judge eileen cannonspite the objections of the department of justice the doj claimed an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents the appointment may slow the pace of the department of investigation into the presence of top secret information at moral lago, but it's unlikely to affect any investigative decisions or the ultimate outcome of the probe. happening tomorrow children will return to school in uvalde, texas. you can only imagine how emotional that will be but some parents and students are concerned that not enough security is in place. this comes of course three months after a deadly shooting there took the lives of 21 people at rob elementary. the school district has installed eight foot fencing at three of its eight schools 33 department of public. safety troopers will be stationed at all campuses. it is unknown when the additional security measures will be complete. it's a historic move for food worke

b i from his florida home district, judge eileen cannon got a job just months before trump left office in 2020. the order comes despite objections from the justice department, it is expected to slow the pace of the departments investigation into the presence of top secret information at mar, lager rich countries, serv. so they will spend about $25000000000.00 over the next 3 years to boost africa's efforts to adapt to climate change. african heads of state, along with officials from the u. n. e. u and international monetary fund have been attending a global summit in the city of rotterdam. ations are hoping to use the money to improve resilience to extreme weather events, and expand renewable energy projects, or saucers. at the summit in russia. the largest ever gathering or of the african head of states and government focused one adaptation was held on monday. it took place at global center on adaptations headquarters in the largest floating office in the world in the netherlands. so the summit has brought together african leaders, civil society, private sector, central banks, develop

the 11th court circuit judges say that eileen cannon, judge cannon, made a mistake here. with the department of justice. this is what they had to say. it is self evident that the public has a strong interest in ensuring that the storage of classified records did not result in exceptionally grave damage to the national security. that, they added, involves reviewing the documents determining who had access to them -- compromised. we have to point out, two of the three judges appointed by don trump himself, meanwhile, the special master in this case, raymond dearie, says the former president needs to backup some of his claims, y'all. he needs the receipts. first, they want to see the receipts for the claims that donald trump declassified the documents at mar-a-lago. second, judge dearie is looking for receipts on the claim that the fbi planted evidence during the search at his mar-a-lago home. the trump team has until friday to bring those receipts. if you ask me, i think providing the receipts will prove to be quite difficult. and did i mention that diary was suggested by t

the department of justice also asked the judge, eileen cannon, a trump appointee, to put on hold herrder blocking the department from using the seized record in its criminal investigation while it contests her ruling to a federal appeals court. law enforcement officials said in a filing yesterday that they would serve irreparable harm if judge cannon's order remained in place. the judge directed the order to respond by monday. and other trump news, steve bannon pleaded not guilty in a new york court to charges of money laundering, scheming to defraud and conspiracy. the charges relating to his involvement with the organization we build the wall, a group created and advertised as a fundraising effort to complete the wall of the southern border. that didn't happen. it is alleged that bannon defrauded donors in legally funding more than 100,000 dollars to the organization's president, as well as profiting himself. bannon faces between five to 15 years for the most serious charge. in 2020, bannon was charged federally for his activities with the group, but was pardoned by then president

this was ordered by eileen cannon who is weighing whether to review the documents.esident's legal team has been pushing for this third-party attorney review to see if anything seized violates executive privilege, trump's former attorney general william barr weighed in yesterday. >> what people are missing, even if they claim to be executive privilege, belong to the government because their government records, even if they are classified, subject to executive privilege they belong to the government at this stage since they have gone through the documents, it is a waste of time. rachel: lawyers argue this will slow their investigation as they look at whether the former president illegally stored national security documents at his residence. house minority leader kevin mccarthy wrote a letter demanding the attorney general and fbi director for testimony about this investigation. we will wait and see what donald trump has to say tonight from pennsylvania, battleground state and candidate doctor oz and mastriano. both have gotten his endorsement. rachel: so much of what

this comes as judge eileen cannon said she is not going to allow the justice department to resume their criminal review of the classified documents that were seized from mar-a-lago. she basically says in her ruling she's not just going to take the government at their word that these documents were classified. you're seeing the trump team argue that the former president has the ability to declassify documents. she also said she didn't believe there would be irreparable harm by pressing pause on this part of the investigation. first, there has been no actual suggestion by the government of any identifiable emergency or imminent disclosure of classified information from plaintiff's allegedly unlawful retention of the seized property. instead and unfortunately the unwarranted disclosures have been leaked to the media after the underlying seizure. now the special master has until november 30th to complete his work. we are also waiting to see if the justice department appeals this ruling. sarah murray, cnn, washington. >>> and i'll have much more from the cnn center in just a few minutes. fir

this ruling is really pretty full throated rebuke of eileen cannon's ruling in trump's favor. and also seems like it allows the justice department to immediately resume its investigation into trump for hoarding the classified documents in the very first place. joining us now to help understand all of this is barbara mcquaid, former u.s. attorney for the eastern district of michigan. thank you forf helping us decipher the most recent ruling from the 11th circuit court of appeals. seems like a good win for the department of justice. how did you read this? what happens next? >> yeah, a resounding victory for the justice department. and also a very swift victory. they file the reply brief only yesterday. and immediately we saw the appeals court issue the ruling. i was stunned to see it come out so quickly. the language very strong. they explain why classified documents are so incredibly sensitive and important. and not only let you get back to work. take your document ands go. i imagine this will take effect immediately. now donald trump has options here. he can file an appeal as

court is rejecting everything the trump team tried to do here and much of the ruling from judge eileen cannon, a trump appointee. and on this appeal panel were two trump appointed judges. his team was saying that trump should be able to keep everything, even what was deemed classified. and his team saying the fact that trump was under investigation was hurtful to him. they should put the brakes on it. the appeals court came back, no, that doesn't make sense. that's not a good enough reason, the possibility that you could be under investigation for us to pause the whole thing. finally on the declassification issue, are you that decl declassified, classified, the court wrote it's a red herring. right now they're marked as classified, they appear to be national security secrets that the executive branch should keep control over, has to tread carefully who gets to see them. the appeals court wrote we cannot discern why the plaintiff, donald trump, would have an individual interest in or need for any of the 100 documents with classification markings. a person may have access to classified document

even a question of glass half full or empty.lf the only judge who really done jump's bidding is eileen cannon. she did a strange thing today. so perhaps the judiciary is as strong as we had hoped it would be. >> we'll see. >> we shall see david, thank you for your time. y much more ahead this hour including what is behind this very curious scene front of a federal courthouse today in washington, d.c. these three suit clad men have one big thing in common. they're all lawyers representing donald j. trump. next, mark caputo joins us with revelations about connections to a florida based air charter company that flew migrants from texas to martha's vineyard. stay with us. martha's vineyard stay with us 80% of couples sleep too hot or too cold. because quality sleep is vital, the sleep number 360 smart bed is temperature balancing, so you both stay cool. our smart sleepers get 28 minutes more restful sleep per night. save 30% on the sleep number 360 special edition smart bed. only for a limited time. ♪ ♪ away suitcases are designed with 360-degree spinner wheels. ♪ ♪ so you can go with the flow. ♪

they are telling the court they want two things that judge eileen cannon refused to give them on thursdayight. first, they want to be allowed their criminal investigation into classified documents unimpeded. that means they want to resume using the 100 classified documents that judge cannon said they can no longer use, whether in grand jury proceedings or witnesses. they are asking the 11th circuit for that. plus, doj is saying they shouldn't have to turn over the classified material to trump's legal team or even a special master appointed for this review. they said the lower court judge was just wrong to order the disclosure of this some of highly sensitive material in the midst of this investigation. in a broader scale of this investigation, the doj saying courts shouldn't be stepping in on this issue because all the documents belong to the government. allowing the government to use and review the records bearing classification markings would not cause any injury to plaintiff. that being donald trump. he has no legal interest in those records. plaintiff has identified no cog tphaoeuzabl

. >> jessica, the doj seemed to have a message for the district judge eileen cannon. was interesting. in the last part of this appeal here doj seemed to really take a shot at the lower court judge here and they said she was plainly wrong even stepping into this dispute when it comes to classified documents. and they said they're clearly the government's property. the former president has no claim to it. they wrote it this way plaintiff has identified no recognizable harm for allowing investigators to continue and review this same subset of seized material, records. that is why courts have exercised great caution before interfering in civil actions in criminal investigations or cases here. they're really implying this judge eileen canon, she's a trump appointee, they're implying she shouldn't have stepped in on this issue of classified documents. and the fact she's restricted doj from even using them as they continue on in their investigation. >> elie, our legal mind here, does it say something to you the justice department is only asking an appeals court to put on hol

judge eileen cannon in florida, a trump-appointed federal district judge agreed that trump did not show a callous disregard for rights and then has essentially ordered the imposition of a special master to review these 13,000 documents that have been seized at mar-a-lago, not only for the purpose of attorney/client privilege, to sift out attorney/client privilege documents, which is fairly standard but she went a step further and said this master should also examine documents to see whether they are subject to executive privilege. this is very strange. the d.o.j. argued in the court hearing last week that there was no real claim of executive privilege here, no -- [ no audio ] >> it looks like we don't hear ken anymore. let's go ahead and go to peter baker. peter, why don't you pick up where ken left off, what it means for the investigation moving forward. >> yeah, i think what ken was trying to get at is that this special master is going to look at these documents also through the lens of whether they are covered by executive privilege potentially or not, which is unusual because it's t

like i had put them all over the floor requested judge eileen cannon is currently weighing whether to up point a special master to review the documents seized pretty previously signaled her intention to grant the trump legal team request for them the third-party attorney to see if anything taken violate executive privilege. tribes former attorney general bill barth waited on america reports on friday. >> even if they are subject to executive privilege, they still belong to the government and they've already gone to the documents i think it's a waste of time for. >> justice department agrees, arguing a special masters upon it will delay the investigation. before from one the speeches by president biden former president trump, and the fbi search of mar-a-lago plus bring in jeff mason thank you for joining us this weekend. you'd spoken to the white house press secretary just about that. asked if this was going to be a political speech, here's what she said. x know it is not a political speech for this is an opportunity again for the present to directly have a conversation with the americ

this filing is in response to a lower court from florida, judge eileen cannon, who said that not only must this investigation be paused but a third party, known as a special master, should be allowed to review all the documents, including the classified documents, and that special master should have until november 30th to review the documents. the doj said the special master and donald trump's team should not be allowed to view these classified documents because they argue it's part of the government's property. and specifically donald trump's team shouldn't be able to view this because him and his team might be potential witnesses or involved in this criminal case that's currently ongoing. this was a late filing last night. now with the 11th circuit. it could go up to the supreme court. >> you make a really good point about what the doj is arguing about the impact of the delay. they can't continue the risk assessment because inextricably linked. they say it poses a security risk. annie, thank you so much. it's a really complicated topic. you explained it very plainly for us. do you t

eileen cannon is a specific actor in this. what do you make of this decision on her part? >> it's disappointing. a positive thing, judge dearie, appointed by president reagan, a republican appointed, he was pushing a fact finding effort. essentially, here is the inventory of documents, that the fbi, and the justice department created. tell me, which of these documents may have been planted? which ones are you suspicious of? that is what he was requiring from trump's lawyers, next friday. a week from now, and judge cannon just threw it out. said, don't answer that question. this is a legal procedure, should be a fact finding exercise. they don't have to present facts. >> there is some talk that, look, the ultimate focus of, this the 100 or so classified documents, the investigation, the analysis, proceeds forward without the involvement of aileen cannon. yet, this politically feels like a gift to trump. the fact that he doesn't have to substantiate his claims, that the fbi planned things at mar-a-lago. whether that was among the 11,000 documents, or elsewhere. it seems like

overruling special master appointed to reviewing documents seized at president mar-a-lago home, judge eileen cannon to provide final objections or disputes regarding the item. there's charge with reviewing approximately 11,000 records seized by the fbi during the unprecedented raid. elon musk and cofounder jack dorsey were texting each other just a few weeks before musk offered to buy twitter for 24 billion. revelations coming from court filings as the court battle is just weeks away from getting under way that could force musk to buy the company even though he's trying to get out of it. dorsey texted musk, he left twitter because a new platform is needed and he said, won't, it can't be a company, basically, maria, dorsey saying it needed to be an open platform so it's going to get more interesting as this court date approaches. maria: i'm not sure what that means, an open platform. cheryl: not a publicly-traded company, basically dorsey is saying it should be a company open-source platform. all for free which we know isn't going to work. maria: all right, cheryl, thanks very much. texas authoritie

federal magistrate judge eileen cannon ended today's hearing indicate that go she would release her decision in a written statement in due course. the judge also said that she would make public the justice department's more public list of what they seized from mar-a-lago. one of the lawyers for the twice impeached president tried to play down the documents. comparing them to, quote, an overdue library look. i doubt that's what our intelligence agencies would call the mostly guarded security secrets. interestingly what they did not say, they never disputed the fact that trump was in possession of these highly classified materials even after trump's custodian signed an affidavit saying all of the classified material had been handed over. the doj argued that approving a special master would disrupt the ongoing criminal investigation and that's because trump is no longer president. he, therefore, has no claim of executive privilege over those documents. given that trump's team waited two weeks to file a request for a special master the doj noted it had already reviewed those documents and set as

this refute's both trump's lawyers arguments but the lower court judge, eileen cannon and what she ruled>> this was the 11th circuit bringing things back to reality. this is where the case law actually is in this type of situation. that for a civil plaintiff to be bringing this action, trying to regain access to documents that had classification markings on them and now in the custody of the fbi in a criminal probe, there's no basis, no standing, as the 11th circuit noted, no possessory interest to those documents in the absence of evidence of declassification. even that was a potential red herring in the sense that the search warrant wasn't about classified information, it was classification markings. even if they were declassified and again donald trump has shown no evidence any of any of that, even if they were, they're still government records, not his records. they're the property of the united states. >> the judges, in the ruling, said there was no evidence that he had declassified these. however, this is what donald trump said. this is his latest defense last night about declassif

this all comes as the doj gauff judge eileen cannon to give them access to the materials seized. otherwise the doj says they plan to appeal to a higher court in the interest of national security. meanwhile, saturday former fbi official and frequent trump critic floated a theory on twitter that the former president may have transferred classified documents from florida to his other property. he writes, better check. the national archives and records administration e-mails trum top say material is missing and may be at mar-a-lago. on may 9th, he is getting on a plane and then boxes are loaded on to the plane. that's when he leaves the florida state to new jersey. it's unclear what he brought with him. the chair says a briefing to get a damage assessment of the classified documents is now on hold following the judge's approval of a special master. >> there is some question because of the special master appointment by the judge in florida whether they can brief at this point. we need clarification on that from that judge as quickly as possible. it is essential that the intelligence c

at a hearing on thursday, federal judge eileen cannon said she'll issue her a written decision on trump's request which doj opposes in "due course." had some questions for doj including part "ultimately what is the harm of appointing a special master to review these materials? i'm wondering from the government, what is the harm beyond delaying the investigation." during the hearing one is trump's lawyers slammed the doj for allegedly grabbing at anything possible in order to prosecute trump. accuse the fbi willing to take an overdue library book and turn it into a criminal investigation. trump lawyer christopher a place that was used frequently for work during his presidency. on the other hand, doj lawyers argue that trump no longer has the same legal privileges to classified information he had while he was in office. they added that a special master is simply not as necessary doj prosecutor julie edelstein saying, some of those records including some of the most highly classified records in the u.s. no place in that property that was authorized for those records. and trump's team taking

both parties say they will advise judge eileen cannon about their perspective positions and the otherill have their say on it. we will learn more about that coming up on monday. meantime a federal judge in florida has dismissed president trump's lawsuit against former secretary of state hillary clinton and former top fbi officials rejecting the former president's claims that the defendants and others acted in concert to concoct the russia investigation which as you know shadows much of his administration. the judge is a man by the name of donald middlebrooks, he was appointed by bill clinton and didn't recuse himself. he said the suit contains glaring structural deficiencies and characterizations of events are implausible. trumps attorneys say they will appeal the dismissal. supreme court justice neil gorsuch says a report stemming from an internal supreme court investigation into the leak of that draft opinion of the high-profile dobbs case will be released "soon." correspondent christina coleman has details for us tonight in los angeles. >> as for an update on the investigation to t

. >> we know the judge eileen cannon if she ignores this ruling from the justice department, the deadline11th circuit court of appeals hoping for a different ruling from them. last week the judge issued an order for a third party special master to come in and look at the documents seized from mar-a-lago on august 8. she told the government to stop using those documents seized from mar-a-lago until a special master is finished. the problem according to federal prosecutors, the process could take months for a special master to go through everything. prosecutors asked cannon to issue a stay and allow them to continue going through roughly 100 classified documents from mar-a-lago. if she doesn't issue a stay by today d.o.j. promised to go to the 11th circuit court of appeals as soon as tomorrow and ask a three-judge panel to allow the documents to be used in their investigation. a gamble for the d.o.j. 6 of the 11 judges on the circuit were appointed by president trump. it doesn't mean the judges would automatically rule in favor of the president's legal team but a gamble for d.o.j. and we're

her name is eileen cannon. a trump appointee, she is handling this case and she could hand down her decision at anytime. marshall cohen, cnn, washington. >>> trump condemned the mar-a-lago search saturday, but he didn't stop there. here is what he said about u.s. president joe biden at a rally in pennsylvania. >> he is an enemy of the state. you want to know the truth. the enemy of the state is him and the group that control him which is circling around him, do this, do that, joe, you better do this, joe, right? >> that was the moment when a rmg for every u.s. president accused the current president of being an enemy of the state. trump's counterattack was in response to president biden calling trump and his maga allies an extremist threat. trump was in pennsylvania campaigning for senate mehmet oz and also gubernatorial doug mastriano. but a fcharlie dent spoke with earlier here. >> it seems that the country is hopelessly polarized. you know, president trump is up in wilkes-barre criticizing the fbi. and i hav

judge eileen cannon ordered the appointment of a neutral third party special master to go over the thousandss taken from mar-a-lago. cannon told d.o.j. to hold off using the seized documents in the investigation until a special master is done with his or her work. former attorney general bill barr in the last hour says the justice department, his former agency, must appeal this ruling and criticized judge cannon for her order. listen. >> she didn't address the only question that's in dispute, which is can the former president have standing to say that the investigators don't even get to look at the documents, the classified documents that he wrongfully had at mar-a-lago? >> you mentioned the precedent. something called a 60-day rule here at the justice department. i use the term rule lightly and loosely because it simply means d.o.j. officials typically in the past have not prosecuted a candidate within 60 days of an election. we're around the 60-day mark from the mid-terms. donald trump is not a candidate. no question he is the face of the republican party, his philosophy and all of his pol

and strange this is a team that find eileen cannon. so, tell me how team's trump judicial form shopping is going on your scorecard? >> well, i think it royally backfired on themselves. >> with dearie? >> with dearie. we are refreshingly back in a form that looks and smells and tastes like the rule of law and a judge running a courtroom in the right way. so, there's speculation based on the carter page fisa application is a bit nutty and that they could in fact generalize that he has now a disposition against the fbi in such a way. and he's obviously not that kind of a character. i think he's just abiding by the law and he's very sensible in his understanding of national security concerns and expediting this process, i'm sure that's always weighing on him. so, i think the idea of dearie is actually a fantastic favor in a certain sense to the rule of law and that we'll see how this operates under his care, but as andrew says, and it goes back to judge cannon and she could overrule him, she has that power. but right now, i think things ar

must decide by midnight tomorrow whether to accept judge eileen cannon's ruling that approved the request by trump's attorneys for a special master to review the documents seized from his florida estate last month. "the new york times" is reporting that the justice department officials are expected to oppose the judge's decision. but the paper points out that any appeal would be difficult. as the 11th circuit court of appeals is under a conservative majority. the consensus right now appears to be that judge cannon's ruling is more likely to delay than derail the investigation into trump's possession of highly classified documents that of course belong to the government. and the newspaper put it this way. the question is whether justice department officials will mount a narrow approach geared at extracting relatively small concessions from the judge to speed up the independent review, or if they plan a more comprehensive riskier appeal to what they see is a dangerous enhancement of presidential power. the paper adds that appointing a special master would effectively shut down government's

he's responding to his job, which is judge eileen cannon told him he needs to get an accurate accountingar-a-lago. but he's asked the trump team to tell -- let him know if there are any items that the fbi says they have, that the trump team contends were not at mar-a-lago, ie, the evidence that was planted. he doesn't say that explicitly. trump's lawyers and trump himself have been saying and intimating that somehow the fbi planted evidence. they've never made that allegation inside court because when you go into court and say something like that, you have to back it up or there are professional consequences. what judge dearie has done here is given the trump team a deadline to speak now or forever hold their piece. if they don't make an allegation in this form, it would be difficult to do it at another point. >> they have until monday to say yes, but they put out there this is what we've confirmed and donald trump's team has until the following friif trump and hk any of this up, what are the consequences as this moves forward? >> it's becoming clear, alex that the trump team may have bi

this all comes as federal judge eileen cannon is still considering whether to grant trump's request forpecial master to review what was seized during the fbi seizure to determine whether the documents were classified. the word that stood out to me in this new, you know, detailed list of what was found is empty because it's bad enough that donald trump took folders away from the government that said return, you know, to their classified settings. the fact that they were empty, does that alarm you as much as it alarms me? >> well, joy, you know, the story certainly gets more interesting, and, you know, the idea that there were, you know, these empty files or empty envelopes, you know, leads one to believe that there is much more to be found, and, you know, you have to ask the question what was in there. i think we don't want to get too nervous in the sense we don't know what was in those document. have you to take a look at the cover sheet were. there file numbers on there? can you go back and see exactly what was in there? what is it, you know, information from our sources? was it inform

this has been a huge point of contention for prosecutors because the lower court judge, eileen cannon, had halted their use of these classified records, meaning they could not use it for grandeur grand jury purposes or with witnesses. now, they can. an appeals court stressed here when they sided with doj that really it could harm the country, if investigators couldn't use that material. here is what they said in part. it is self evident that the public has a strong interest in ensuring the storage of the classified records did not result in exceptionally grave damage to national security, ascertaining that necessarily involves reviewing the documents, determining who had access to them and when and deciding if and any sources or methods were compromised. the doj needs to look at those documents. and now, the doj has the greenlight to resume using them all of the special master, meanwhile, and trump's legal team, they will no longer have access to classified documents. that was the second thing that the doj asked for. so a big win for the lj at the 11th circuit, don. >> laura, listen,

one was ginni thomas who you talk to adam schiff about, and now we are talking about eileen cannon. i give you an a on the first part of your answer which is does this really matter in terms of keep your eye on the prize which is the criminal investigation and the really important national security review. i completely agree agree with you that it's important for people not to view this as having any real effect on that. it can around the margins but not the core. this isn't something the department of justice is going to be freaking out about. where you are wrong is when i said that donald trump could assert the fifth amendment in the civil proceeding, that is true but there are consequences in a civil proceeding if you assert the fifth amendment. we saw that for instance with laetitia james the new york attorney general bring a case where donald trump asserted the fifth amendment. that can be used against him. if he had done exactly what you would said just in a criminal case and said you know what, i don't have any burden. it's the government's burden to prove this case beyond a

judge eileen cannon says she's not ruling today, not immediately at least, but she seems inclined tont former president trump's request for a special master, a third party, to review some of the documents that the justice department has in its hands as a result of this fbi search of the former president's home. one of the things that happened today was during the arguments in court, jim trusty, one of the former president's lawyers, compared the dispute over these classified documents taken from the white house to mar-a-lago, he compared it to a dispute over an overdue library book. you can look at the picture there is of those classified documents. the justice department says there's over 300 documents marked classified that have been recovered from mar-a-lago, beginning in january, taken back to the national archives. at this point, the judge says that she is inclined to perhaps have the intelligence community be able to do its assessment, damage assessment of those documents to see whether or not there's any sources or methods that may have been harmed as a result of the documents

encouraging his successor, attorney general merrick garland, to appeal a ruling by federal judge eileen cannonch appoints a neutral special master to individually pour through the thousands of documents. the form president's attorneys and federal prosecutors must submit by friday a list of possible names to become the special master in this case. >> the classified stuff are government documents, and they go to the government. there is no scenario legally under which the president gets to keep the government documents. whether it's classified or unclassified. >> we are approaching the 60 day mark until the midterm elections and while it's not a set in stone policy, doj officials typically stay away from charging or investing a political candidate within 60 days of an election. even though donald trump is not on the ballot in november, his policies are, leaving attorney general merrick garland with a big decision to make. mike? >> david spunt at the justice department tonight. david thanks very much >> another big drug bust on our southern border to tell you about tonight. customs and border pro