mcquade was hired to be the head of the criminal division of the fbi!n everyone already knew there was an impending criminal investigation of hunter biden. no one knew about this until the post broke that story. how do you continue to operate with all of these conflicts of interest with respect to hunter biden? believe what you want to believe that there was a massive cover-up to try to protect hunter biden. now, joe biden it is the person that hired mcquade to be head of the fbi criminal division. that was one of the first acts of his presidency. so one would wonder, to chris clark, hunter biden's attorney tell president-elect joe biden, "you better hire mcquade on the first day of the administration because we have a lot of cleaning up to do in the department of justice." >> carley: former fbi agent tim thibault. >> todd: no relation to the quarterback. >> carley: he retired last week and some of his anti-trump social media post. now we are learning according to "the new york post" he was another person for tony and a whistle-blower against the biden

mcquade: his influence is certainly vast.probably greatest achievements was his ability to get judges on the court, especially at the circuit level. i think he worked very hard with the federalist society to find people who shared the ideology that he represented. i think that's one of the calculations that the justice department is going to have to go throu here, who might they draw on the 11th circuit court of appeals and could it end up worse? one of the things the justice the permit was to avoid is making bad law. right now it is district court opinion so it doesn't have that value, but if they appeal to the circuit court, it could have be binding on other courts. they have to be thinking about the long game. john: barbara still in her lecture hall at the university of michigan. thk you very much. prof. mcquade: thank you. ♪ judy: as lawmakers return from their summer recess, their focus is sharpening even more on the midterm elections. the future balance of power in congress will be decided in just 60 days from tay. demo

astepro and go. >>> back with us is former federal prosecutor barbara mcquade.nks so much for being here tonight. first, your reaction to a former january 6th committee member and congressman riggleman's comments on ginni thomas and the possible role her husband played. >> well, it's interesting to see the connection, because i think that there are those who would like to keep her identity separate. you know, everything she does she does on her own without any connection to clarence thomas. but i think the two identities are really intertwined. there are some who are criticizing the committee for questioning the wife of a sitting supreme court justice. she's not being targeted because she's the wife of a supreme court justice. she's a person of interest because she inserted he's into this with the text messages she sent to mark meadows. it isn't that she is in a vacuum, that she alone is a person of interest because of those text messages. she's also a person of interest because of her relationship with clarence thomas. i don't know that she gets access to mark

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barbara mcquade, former u.s. attorney for the eastern district of michigan, thanks very time and expertise tonight. i want to bring into the conversation tonight ben rhodes, former national security adviser for the obama administration and an msnbc analyst. ben, thank you for being here on such short notice in the middle of a breaking news hurricane here. first, i want to get your thoughts on the disdain with which this judge is treating the national security community, the justice department, questioning whether or not these records are even classified, again as a reminder -- washington post reporting on september 6th that there are documents describing a foreign government's military defenses including its nuclear capabilities in the trench of documents that ended up in a broom closet down in mar-a-lago. what did you make of that language and what do you make of her posture as it relates to national security? >> i think it is totally reckless. it's a little bit insane, alex. and we see these filings. they have

barb mcquade, what is your take away from the judge's ruling? >> i suppose it is not a surprise that she did not reverse yourself. but the doj had really offered her a lifeline that could be faced in carving out these 400 or so classified documents. instead, she completely rejected that argument. and even said something that i found really disturbing, which was, the mere fact that these documents have classified markings does not mean they are classified. she also rejected an un-refuted affidavit that was submitted to the fbi's director of counterintelligence. there is no contrary evidence to suggest that what he is saying is false when he says that the criminal investigation is inextricably intertwined with the national security assessment. and so she demonstrates, i think, great skepticism towards the government -- if not downright hostility. nonetheless, i think there is a little bit of a silver lining here. one is that she wrote this order within the doj's deadline to keep the urgency moving along. and she also clarified that, to the extent

former prosecutor barbara mcquade joins us next. us next. as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network. with no line activation fees or term contracts. saving you up to $500 a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities. ™ at xfinity, we're constantly innovating. and we're working 24/7 to connect you to more of what you love. we're bringing you the nation's largest gig speed network. available to more homes than anyone else. and with xfi complete, get 10x faster upload speeds. tech upgrades for your changing wifi needs. and advanced security at home and on the go to block millions of threats. only from us... xfinity. >>> if you thought the latest "washington post" reporting of the fbi retrieving ultra class

attorney barb mcquade. off, couy griffin, let's get into the nuts and bolts of that, barbara, he's been removed from office. i assume he's going to appeal? >> well, maybe he will, maybe he won't. he was convicted for his conduct on january 6th. he even bragged about it and the plain language of the 14th amendment says that anyone who engages in insurrection is disqualified from office, including state office. what's interesting about this, katy, although it's been part of the 14th amendment since after the civil war, it's never been used before. we've never had an insurrection before. but the plain language of it there suggests that anyone who participates who is already an officer of the state or federal government is disqualified from holding office. it doesn't state, however, how the procedure should work for removing someone from office. this is a first, i agree with you it's likely to be appealed if he wants to and he wants to remain in office. just because the process is untested. and so there could b

. >> barbara mcquade, what is annexed epps here? >> while the justice department and the lawyers for donald trump had been directed to submit to the court proposed names a special master's but also the rules that the special master would use in conducting a review and it may be that this is an avenue where the justice department could get some get some clarification or even more vacation for the order. the issue that brad just raised is such a good one which is what do you mean executive privilege exactly it's executive branch that wants the documents back. sometimes there is this ig idea of residual privilege of former president comes to third-party requests like congress but one is a very executive branch i want these documents back it's really a head-scratcher. so in this order, they could try to narrow the scope of what it is the special master's going to review. and then the other thing that would be useful in preparing this order is try to get some clarity as to this injunction, with the judge has said that criminal investigat

barbara mcquade, let's talk about this impending deadline friday, right?evidence. the special master, judge dearie, says show me, show me the evidence. show me why you're saying this. what are you expecting from the trump team? >> this is a really interesting and very savvy move i think by judge dearie. donald trump has himself made those claims and the fbi planted evidence, but his lawyers, you will note, have not made any such representations in court. where lie matters. if you lie in court, it could expose lawyers to sanctions, disbarment. and even criminal prosecution if he lied about something under oath, represented to be true, for obstruction of justice. so what judge dearie is saying is i want a signed declaration, time to put your money where your mouth is, i want you to look at this, and list all of the items that the fbi says were removed from mar-a-lago, and i want you to specify which, if any, were not there when the fbi were there. and in a polite way, he is asking them to identify which if any documents were planted. >> so with that, barbara

which is to stop trump coming out in power. >> matthew dowd, barbara mcquade, peter baker. thank you very much. coming up! president biden and the former guy, will both visit the mid term background of pennsylvania this holiday weekend. our political experts break it down what is at stake with only 67 days to go until election day! and later, jackson mississippi where the water remains unsafe to drink. we'll bring you an update on the dire situation facing residents there. the 11th hour, just getting underway on a friday night! as a business owner, your bottom line is always top of mind. so start saving by switching to the mobile service designed for small business: comcast business mobile. flexible data plans mean you can get unlimited data or pay by the gig. all on the most reliable 5g network. with no line activation fees or term contracts. saving you up to $500 a year. and it's only available to comcast business internet customers. so boost your bottom line by switching today. comcast business. powering possibilities. ™ i think people also understand really what's at st

joining us now is barbara mcquade former u.s. attorney for the eastern district of michigan. thanks for joining us. i have many questions about this latest filing. and the need for a special master. trump's team is unsurprisingly vociferous in its argument here. it's predominantly on why it deserves a special master here, and very much lays criticism on the shoulders of the department of justice. suggesting that this is a politically motivated, and the wordd, witch hunt isn't in ther butis it is the subtext of this. what did you make of the filing and how likely is it that we are going to see a third party appointed, and trump's wishes granted? >> alex, there wasn't much new in this document other than as you say some insults hurled at the justice department. we saw in that initial brief, the request that they wanted a special master to have an independent review of the materials but some of the things that were in thes government's response, i just don't think that the trump team has an answer for. i mean number one, it's already been reviewed. they already went through all

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. >> let's bring in barbara mcquade. one argument was the passports were relevant because they showed the lack of security in the way these classified documents were being held, as well as the presidential record act, because he could no longer claim things were personal, those things that came from his office and from his presidency. there's a lot here she's denied and in slowing the investigation you have witnesses and the like who could be lost to the government, as well as pointing any special master who doesn't currently hold that special clearance would really slow it down because those clearances take a long time. even if you've had it before, just to renew it, my experience with people who have been in government when they are back in document, they have to start from scratch and it is a lengthy process for this kind of top clearance. >> i think if i were the government, the most important thing to me would be that time is of the essence. although i think the judge is wrong here in finding executive privilege, sh

joining us now is barbara mcquade former u.s. attorney for the eastern districtmc of michigan. thanks so much for being here to help decipher what's going on. let me just first ask you, what is your reaction to this ruling that seems to be a gift to donald trump, at least from the initial assessment of what's happening here? >> yes, it's really astonishing, the justice department threw her a lifeline and judge cannon threw it right back, doubling down on this idea, as you say it, just drips with distrust of the w government, saying just because they say they're classified, how do we know they're really classified and how can you say that donald trump has no interest in them andno how can you say there is privilege. classified documents must be stored in a skiff, in a basement, the idea that he somehow has a right to these documents isgh really i think completely beyond the dispute. but i will say there are a couple of things carved out here that are not bad. one is she met d.o.j.'s deadline. they wanted a decision.j by tod. she didn't have to follow their deadline. but she did.

joining me now, barbara mcquade, former u.s.orney and professor at the university of michigan law school. have you ever heard the question being not whether someone broke the law but whether it would be too divisive to prosecute them? you ever heard of that when you a prosecutor? >> there's a whole list of reasons you may use to decline prosecution. not worthy of scarce government resources, not in the best interest of justice, insufficient evidence, being prosecuted by some other authority, but not on the list is prosecution would be too divisive. so i strongly disagree with john yu on this count. in fact, i think there's so many aggravating factors here that it would be very difficult for the justice department to decline to charge under these circumstances. >> that's what it seems to me as a layperson. let's talk about mr. deary for a moment. he seems to my lay ears like the least worst option presented by the trump team. surprising they picked somebody who was a fisa judge who was involved in the carter page warrant. what do

joining us now to help us understand exactly how all of this works is barbara mcquade, former u.s.r the eastern district of michigan and a professor at the university of michigan law school. barb, thanks for being with us in helping us decipher the strange conundrum of steve bannon. >> i am glad to be with you, alex. >> first, let's talk about this. then in this pardon on the federal level by donald trump in the final hours of his presidency, but now can face the state and prosecution on the state level. should other trump acolytes be concerned, especially those who have received pardons from the former president? >> yes, a pardon can only act against federal prosecution. and so in this country we have something that we refer to as dual sovereignty. both states and federal government can charge people for the same crime. and so even though steve bannon was pardoned for this conduct at the federal level, most states also have fraud statutes on the books. and so, as you said, it is expected to reflect very much a mirror of the federal charges. i would imagine states charges under new

. >> picking up on that point, barbara mcquade, what is so remarkable among the many remarkable things the about judge cannon's decision is that she was questioning whether she could be sure if the fbi was truthful in the affidavit that those were the documents taken from mar-a-lago, and how do we know that these classified documents and you saw the picture, and i saw the picture, and that they were classified in the first place, and things that were not raised by the trump legal team, and they had not put in dispute, and so it was a remarkable decision from that district court judge. >> it really was, andrea, and quite an overreach, because it is a core function of the executive branch to decide what is and is not classified is in hrs to be inappropriate, and then it was a repudiated decision by the executive branch, and donald trump has said in the media, but not in court, because perhaps it is not true, but the whole line is that declassification is a red herring, and donald trump wants to talk about declassification, because that is to prevent us from what matters, because these ar

barbara mcquade, former u.s. attorney for the eastern district of michigan, thank you very time and expertise this evening. okay, in a minute we are going to be joined by one of the reporters who has been breaking all kinds of news in the trump investigation. carol leonnig joins us live on set, coming up next. and next, big news out of alaska, where a democrat has defeated sarah palin for congress, becoming that states first native american in the u. s. congress. plus, we will be joined by the chair of the january 6th committee who represents jackson, mississippi, congressman bennie thompson. a lot to get to, stay with us. so we need something super disctintive. dad's work, meet daughter's playtime. wait 'till you hear this— thankfully, meta portal helps reduce background noise. zero lace model. adjusts to low light. and pans and zooms to keep you in frame. take a look at this. so the whole team stays on track. okay, let's get you some feedback. i'm impressed. great, loving your work. meta portal. the smart video

. >> joining me now is barbara mcquade, former united states attorney and currently law professor with the university of michigan, and david priest, former cia officer be the author of "the president's book of secrets". thank you so much for being here. i'm going to start with you, barbara. no ruling from the bench yet. not necessarily unexpected the way i think about it. it's a pretty major case, and a significant ruling. can you make it a call for us right now, barbara, and tell us whether or not you think the judge is going to rule in favor of donald trump's motion? >> pure speculation on my part, but i think the fact that she did not rule from the bench is a good signal. i also think the fact that she said she was preliminarily inclined to grant is a good signal. seems she's appeasing trump to some extent. it's always a good case when they compliment your argument but said but and rule in the favor of your opponent. what i think is most likely is a ruling that will appoint a special message with a limited purpose of reviewing the material that's already been segregated as attorney/

attorney and msnbc legal analyst barbara mcquade. thanks for being here. let's start with the special master. what's your reaction to the pick being judge dearie. >> that's the good news of this decision, i suppose, that the judge is a highly respected judge, he is someone who has served not only as a u.s. attorney, not only on the bench in the eastern district of new york, but also on. fisa courts and has some experience handling classified information, so there is a lot to complain about in this order, but the one breath of fresh air in it is that the special master is, you know, not someone who is a part of the maga world, but a judge appointed by ronald reagan who seems to be adhering to the ruling of law. >> and next, the motion of a partial stay of the order, blocking d.o.j.'s review. the judge want denied that. -- what about the access to the materials in the weeks ahead. >> i think the most troubling aspect of this, she said just because documents are classified, doesn't mean they're classified, i don't have to trust the justice department's say-.

attorney and nbc legal analyst before bra mcquade. let me start with you, and chair benny compton was kind of chatty today. >> he was chatty toops today and what i was asking about is the reporting in the last few hours that the january 6th committee at least for now will not be cooperating, sends can its transcripts and its findings to the department of justice, at least until they're done with the public phase of their hearings. when i asked chairman thompson about this, his response was just simply that this is the committee that is still actively working, and they have long said that they have been on parallel tracks with the d.o.j. is doing and what they're doing, and of course the committee's work is being done much more in the public eye, and that's one of the reasons that our sources tell us there is a certain comfortability with not sharing with the d.o.j. at this point, because none of the commit's investigations at this point have been done in a vacuum. they've done multiple public hearings. they will still do another one.

barbara mcquade, firmer u.s. attorney for the eastern district of michigan.ys, barb, for shining a light on all of this. up next, republicans in one state fight attempts by voters to put abortion rights on the ballot in november. republicans who allegedly believe in states rights. that is next. that is next 't care. but shingrix protects. proven over 90% effective, shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. an increased risk of guillain-barré syndrome was observed after getting shingrix. fainting can also happen. the most common side effects are pain, redness and swelling at the injection site, muscle pain, tiredness, headache, shivering, fever, and upset stomach. ask your doctor or pharmacist about shingrix today. my mental health was much better. my mind was in a good place. but my body was telling a different story. i felt all people saw were my uncontrolled movements. some mental health meds can

attorney barb mcquade. she is not professor of law at the university of michigan and co-host of the hashtag sisters in law podcaster. also with us, former fbi special agent clint watts, a msnbc national security analysts and also distinguish research fellow at the foreign policy research institute. thank you both for joining me. barb, what stood out to you from the special master hearing this thursday? any sense of which way this florida judge's lean? >> the judge actually seemed to give a lot of credence to the argument, but i think with every passing day, the likelihood of a special master actually goes down. notably, she also did not make a ruling upon the filing at a motion that the justice department and the fbi should cease the review. if you are going to appoint a special master, it would seem out that they will continue to conduct that review. although the she did seem to entertain the idea and has taking it under advisement, i think that there are diminishing likelihood of it being granted, at leas

barbara mcquade, a former united states attorney and nbc analyst.hington prize correspondent with the new york times. of next, a historic day in the united kingdom. king charles has been waiting for a while to ascended the throne. his day is finally here. is it going to be up to the job? we will discuss that we come back. back ♪ (customer) save yourself?! money with farmers. (burke) that's not wrong. when you bundle your home and auto policies with farmers, you save yourself up to twenty percent. (customer) that's something. (burke) get a whole lot of something with farmers. kinda creepy. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ so how many vaccines have you given to people? me? about 1000. walgreens...millions. ♪♪ i cannot miss her big debut. with your booster, i think you'll be there. for every twirl. i got a shot so my sister won't get sick. way to go, big bro! so while we're here... flu shot, as well? let's do it. when you need to talk vaccinations, our pharmacists are here ♪♪ striving to reach the ultimate goal of zero poverty takes more

barbara mcquade a veteran federal prosecutor and former u.s. attorney for the eastern district of michigan. she worked with the doj during the biden transition and is a professor at the university of michigan's law school. and msnbc political contributor matthew dowd. he is also a former george w. bush's strategist and founder of country over party. barbara i'm gonna start with you. there could be many explanations for the empty folders with classified or other special markings. but this still looks bad for trump. doesn't it? >> it does jonathan. i mean i suppose the most generous explanation is that the documents were simply removed from the folders and strewn about among all the personal belongings in the documents and the worst-case scenario is that they are gone, even destroyed, or lost or in some other way dispose of. and that is really dangerous just red alert for the intelligence community to not know whether secrets have been lost. and to not have the documents, and not know what the contents were. they will have to go back and try to f

also msnbc legal analyst barbara mcquade. charlie, let me start with you on this one.ectations for a tomorrow that should go to look, like how things could feasibly play out here. and of course, kind of this intel review that senator warren nor was referring to there. >> well, tomorrow, the trump legal team faces a deadline imposed by the judge at 10 am eastern time to respond to the justice departments gambit last week. to say we can live with a special master of you that looks at the unclassified stuff, but we really need to move forward with the investigation based on the hundred or so classified documents. for several reasons. therefore, we are asking you, you judge can, and to stay your relate that was going to make those documents off limits. justice department saying let's move to this investigation now, just based on 100 classified documents. documents in which classification markings. and the special master can look at the other 11,000 documents, we don't care if that takes a long time. tomorrow, we can expect the trump legal team will come in and say no, ever

barbara mcquade, i will ask you to stick around a little bit longer. >>> not just donald trump. children are also named in the attorney general's lawsuit and what they are being accused of and what kind of league jeopardy they now face. we'll be right back. i think i waited this long to get botox® cosmetic because i take like no time for myself. my kids are sports kids. we're always running from one activity to another. i'm still tonya, and i got botox® cosmetic, and this is like the first thing i've done for me in a really, really long time. my life is still crazy, it's just as full as it was before. just with less lines. botox® cosmetic is fda approved to temporarily make frown lines, crow's feet, and forehead lines look better. the effects of botox® cosmetic may spread hours to weeks after injection causing serious symptoms. alert your doctor right away, as difficulty swallowing, speaking, breathing, eye problems, or muscle weakness may be a sign of a life-threatening condition. do not receive botox® cosmetic if you have a skin infection. side effects may include allergic rea

attorney barbara mcquade, good morning to you both. what is the significance of, he did warn donald trump that he should not take documents from the white house, that he might be violating the law. >> if that's the case, that's the origin of almost everything here which is that donald trump knew, had in his head the knowledge that what he was doing was potentially wrong and a foul of the law. and so the questions about his state of mind, what did he know about what was in the documents, whether he had the right to take them, and lawyers, almost like the january 6th investigation, don't do x, y, and z, and he goes and does it anyway, that tells you a lot about what prosecutors, what criminal investigators may be looking at in terms of state of mind. >> barbara mcquade, tell us about the legal ramifications of this, this is yet another example the former president was told, hey, you can't do this. this is trouble. we know he and his team, lawyers, seemingly did not cooperate and misrepresented and frankly flat out lied to the fbi and the

now barbara mcquade, you got a freebie. you are free to go. thank you, appreciate it. by the way, coming up. former cia officer and fbi special agent truck tracey walter is going to help us break down how the justice decision on the special master may be damaging to the department of justice's intelligence review of these documents. and also that breaking news out of the nation's capital. the new busload migrants being dropped off hours ago in front of the vice president's home. it is the latest arrival sent by bus to major cities industry nations around this country, this week. it is the work of republican governors, primarily florida governor ron ron desantis and grab greg abbott of texas who have taken it upon themselves to relocate migrants from their states as a political stunt. i want to bring in abc's gary -- for reporting on. this talk to me about what more we know that this latest arrival. how are these people dealing with this, these migrants that are being bused into washington d.c., emotionally from what you are seeing and hearing in your reporting. and, al

joining us to discuss this, barbara mcquade, former u.s.rsity of michigan and msnbc legal analyst. pete strzok is also here, former fbi counterintelligence agent. pete, this is, this is something that has probably been churning under the surface, but i wonder if it's a sign that it is more advanced, that so much of it is now poking out above the surface. >> well, nicolle, i think absolutely it is. and what's important to remember is this was not the department of justice announcing these subpoenas and these search warrants. these are largely information that is coming to i believe "the new york times" by the people who received the subpoenas, the people who received the search warrants, or their attorneys. so it may well be this group is even larger than the 40 that the "new york times" is reporting on. but this is exactly the sort of thing as an investigator and certainly working with prosecutors, you know there are events in the course of your investigation that are going to likely become public. so it doesn't surprise me that the departm

attorney and msnbc contributor barbara mcquade. glad to have you all on. >> barbara, break this all down for us. if "the washington post" reporting plays out correctly, what are the consequences of having top secret documents that even people, some of the most highest ranking people inside of his white house and the national security apparatus would not have clearance to see these documents. >> well, joe, i think there are two things about this that are very significant. one is regardless of classification level, it is clear now that this relations to national defense information. and that's the language of the espionage act. so, donald trump can claim to have declassified documents all day. he might even have been successful, and that would be no defense to the claim. the other thing that i think is significant about this is it makes it almost impossible for the justice department to decline to bring criminal charges. you know, we talk about how they exercise discretion, sometimes, there are technical violations but unless there a

the report reads quick chris clark a partner at the new york based firm worked with nicholas mcquadeour different cases. he was named acting head of the justice department criminal division on january 20, 2021, the day president ryden was inaugurated. clark started representing hunter biden a month before. >> todd: jonathan fahey a former prosecutor joins us now. jonathan, look it is one thing to be partners together but i guaranteed i work for people and if those individuals were partners that came in here right now, i wouldn't recognize them. i understand that part but it is another thing to work side-by-side on cases. how big of a conflict is this? >> it is kind of interesting because your point is good. if it is a big firm and they don't know each other, maybe it doesn't make a difference. but it is problematic when you look at the way the department of justice is handling this case overall. you have a conflict of interest possibility, but also the appearance of conflict of interest. that is where you fail miserably with this case. it is very important for the public to know this

barbara mcquade, stewart, john allen. thank you for taking us off on this friday night. when we come back, a special rows on a special president. he's pulling french and baseless conspiracy theories out of the shadows and right on to the main stage. and it has been another very eventful week. you will not want to miss our all-star panel digging into it all! the 11th hour just getting underway on a friday night! i can't. ah, my toes! turns out, it is hard walking a mile in someone else's shoes. and it turns out the general is a quality insurance company that's been saving people money for nearly 60 years. i gotta go, ah. for a great low rate, and nearly 60 years of quality coverage, go with the general. 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 40% on the sleep number 360 special edition smart bed.now only $1499. only for a limited time. >> we are a nation that has lost its way. but we are not

i want to ask barbara mcquade, who's a real legal expert, a question.e two fronts, the documents case at mar-a-lago and the january 6th conspiracy case, i'm curious about how you see justice framing a criminal charge that they might bring. what would be the predicates that they need to be convinced of to go ahead and bring those cases? obviously they're very different cases. speak briefly to what a good prosecutor, what an attorney general would need to have to go forward. >> well, i think, david, in both cases what you need is the direct evidence of the knowledge and intent of donald trump. and i don't think it's an either/or, you could charge him with both. but i think john yoo makes a good point, if you charge him first in the documents case, does it cause a distraction for the january 6th case which is by far the more significant case. but you don't have to pick one. you can charge both and in many ways you might have to. i think what you would need in the documents case is evidence that donald trump himself knew what was happening and directed othe

you heard former federal prosecutor barbara mcquade on this program last night say something she has never said here before. i agree with william barr. and that is because donald trump's last confirmed attorney general, william barr, is now saying every day, that judge cannon's decision is wrong. and he's doing it, interestingly, on rupert murdoch's fox propaganda channel, which means that is a command decision being made by rupert murdoch, to invite william barr on fox every day so far this week, to condemn judge aileen cannon's attempts to help donald trump. today, william barr told the fox audience this. >> there is no scenario, legally, in which the president gets to keep the documents government documents, unless it's whether it is classified or unclassified. -- if you find very sensitive documents in trump's desk, along with his passports that ties trump to those documents. the passports are things that the government -- you know, they are personal stuff to trump. but the fact that they are found with the classified documents is evidentiary. and the government decides whether t

attorney, barbara mcquade, and matt miller, good to see all of you.ut these 40 subpoenas? >> this flury of investigative action by the justice department, and people familiar with the matter told nbc news the doj issued around 40 subpoenas in the last week and seized two cell phones, and a lawyer for former nypd commissioner who advised trump on efforts to overturn the election, and that lawyer told me he also represents trump in the investigation and he said the subpoenas sought information on, quote, everything and anything regarding everything related to the trump campaign. investigators are looking into ties between trump associates and violence on january 6th, and using the levels of government to overturn the election on january 6th, and they are looking into fundraising by trump association around bogus allegations of election fraud, and this came at the edge of the 60-day election issue. >> whether they do or not, 40 subpoenas in a week, as, you know, you look at the overall scope of this investigation, what does it tell you, and does it give

ryan riley and barbara mcquade thank you both.g up, january six committee postpones its next hearing as hurricane ian approaches florida. what it means for the committees investigation going for plus everything you need to know about the threat from that hurricane. still ahead! d! i'm jonathan lawson here to tell you about life insurance through the colonial penn program. if you're age 50 to 85, and looking to buy life insurance 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 coverage for $9.95 a month. i'm 65 and take medications. what's my price? also $9.95 a month. i just turned 80, what's my price? $9.95 a month for you too. if you're age 50 to 85, call now about the #1 most popular whole life insurance plan available through the colonial penn program. it has an affordable rate starting at $9.95 a month. no med

barbara mcquade, stewart, john allen. thank you for taking us off on this friday night. when we come back, a special rows on a special president. he's pulling french and baseless conspiracy theories out of the shadows and right on to the main stage. and it has been another very eventful week. you will not want to miss our all-star panel digging into it all! the 11th hour just getting underway on a friday night! iday night ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ >> we are a nation that has lost its way. but we are not going to let this continue. two years ago we were a great nation, and we will soon be a great nation again. >> it is hard not to notice the change, and it is disturbing. in recent days donald trump has gone from just winking at qanon to very openly embracing it. you saw it again today on troop social and lately at his rallies. tonight for the second time in just two weeks, trump wrapped his rally in north carolina with music that you heard right there that sounds an awful lot like the qanon and them playing in the background. nbc news tech correspondent jacob spent years studyi

ryan riley and barbara mcquade thank you both. coming up, january six committee postpones its next meeting as hurricane eons approaches florida. what it means for the committees investigation going for plus everything you need to know about the threat from that hurricane. still. ahead still. ahea the day you get your clearchoice dental implants makes every day... a "let's dig in" day... mm. ...a "chow down" day... a "take a big bite" day... a "perfectly delicious" day... - mm. [ chuckles ] - ...a "love my new teeth" day. because your clearchoice day is the day everything is back on the menu. a clearchoice day changes every day. schedule a free consultation. i'm gonna earn 3% on dining including takeout with chase freedom unlimited. that's a lot of cash back. are you gonna stop me? uh-oh... i'm almost there... too late! boom! earn big time with chase freedom unlimited with no annual fee. how do you cashback? chase. make more of what's yours. the house committee investigating the attack in general six has decided to postpone tomorro

msnbc legal analyst, barbara mcquade. she's the co-host of the hashtag sisters in law podcast.s good to see you both. barr, let's start with you. what should we expect in court tomorrow over the battle for a special master? >> we are expected to hear the trump lawyers response to the suggestion the justice department made on friday, which was to curve out from the special master's review the classified documents. they explained it's essential to this risk assessment that they want to do for the damage that has been done in the intelligence community, with the mishandling of these documents. it will be interesting to see. it's really an interesting offer. it's almost a face saving opportunity for the judge, to grant this relief. i think the justice department will be very happy to get it. we also expect some response to these names. we may get a special master. we've got the four names there. the judge will make a decision on which of those names will be the special master. >> the two issues, charlie, that barb raises, as we look at this more broadly, there's also the question o

charlie savage, new york times, washington correspondent barbara mcquade, for the united states attorney for the eastern district of michigan, and bradley, mohsen asheville attorney. i hope you enjoy the rest of your labor day weekend. thank you for being with us. >> still -- it's been six days without safe tap water for north of jackson, mississippi. what's most shocking about this crisis is everyone saw it coming. we are going live to jackson for the latest on have a city is grappling with the situation, plus, i'll be trying to retired army lieutenant general russell monterrey to talk about how it came to this, and what happens next. first, just a few hours away from the lift off. the la quinta will open at exactly 2:17 pm eastern time. we have live coverage of nasa's second attempt at the artemis one mission to the moon. we'll explore the cutting edge technology that made it all possible. >> i'm lindsey reiser and coming up, i will take you through the technology of annex generation rockets. it's going to usher in a new era of our space program. just one dose starts to relieve 9 of yo

barbara mcquade, stewart, john allen. thank you for taking us off on this friday night. when we come back, a special rows on a special president. he's pulling french and baseless conspiracy theories out of the shadows and right on to the main stage. and it has been another very eventful week. you will not want to miss our all-star panel digging into it all! the 11th hour just getting underway on a friday night! ♪limu emu & doug♪ it's nice to unwind after a long week of telling people how liberty mutual customizes your car insurance so you only pay for what you need. showtime. whoo! i'm on fire tonight. (limu squawks) yes! limu, you're a natural. we're not counting that. only pay for what you need. ♪liberty. liberty. liberty. liberty.♪ so how many vaccines have you given to people? me? about 1000. walgreens...millions. ♪♪ i cannot miss her big debut. with your booster, i think you'll be there. for every twirl. i got a shot so my sister won't get sick. way to go, big bro! so while we're here... flu shot, as well? let's do it. when you need to talk vaccinations, our pharmac