and neal katyal, former acting u.s. solicitor general. they are both msnbc legal analysts.smann let's go first to you, as the trial tactician. in this situation is the justice department -- are the lawyers who have been working this case in the courtroom -- are they consulted with appeals experts at the justice department about what to do next? >> absolutely. there is no way i'm god's green earth that this is not happening at the justice department. from merrick garland to lisa monaco to the solicitor general, people who are steeped in appellate law are going to be weighing in on this. this decision. so, it is a tough one. i will give you my bottom line. i agree with professor tribe, which is something you always have to say. but here i actually do. but i would give one amendment, which is i would appeal the injunction. i would also appeal the part of the decision that said the special master will review documents for executive privilege. and that means, basically, all documents with classification markings. this is like a thief taking documents then saying, judge, i want t

i have andrew weissmann, neal katyal, matt miller. all the lawyers i need. >> we're gonna get right to it. >> have a great show. >> thank you alex. thank you. tonight the trump lawyers have filed a replied to the justice department's opposition to the judge appointing a so-called special master to examine some of the government records seized by the fbi at donald trump's florida home. neal katyal andrew weissmann, and matt miller will give us the air inside. the most important thing to keep in mind, the single most important thing to know about the trump lawyers filing tonight is that it does not say one word about something included in the justice department's filing last night. it could get some of the trump lawyers indicted for obstruction of justice. one of the very important pieces of evidence in the justice department's filing last night is a copy of an under oath affidavit written by one of the trump's lawyers, inside -- swearing under oath on that day that at that moment they were handing over to the fbi and a federal prosecut

i have andrew weissmann, neal katyal, matt miller. i've got all the lawyers i need. >> the murders of legal. eagles >> how them take it apart, get right. to it >> have a great show. >> thank you, thank you. >> tonight, the trump lawyers have filed a reply to the justice department's opposition to a judge appointing a so-called special master to examine some of the government records seized by the fbi at donald trump's florida home. neal katyal, andrew weissmann, and matt miller will give us the expert analysis. the most important thing to keep in mind, the single most important thing to know about the trump lawyers filing tonight is that it does not say one word about something included in the justice department's filing last night. it could get some of the trump lawyers indicted for obstruction of justice. one of the very important pieces of evidence in the justice department's filing last night is a copy of an under oath affidavit written by one of the trump's lawyers, inside -- and signed by one of the other trump lawyers, swearing

neal katyal? >> i'm doing okay. my new covid shot a few hours ago so i am certainly feeling it. >> so, i hope you feel okay. we'll keep that in mind. i take it that means some medical professionals are working today. too >> professor, how are you doing on this labor day? >> doing well, thank you. >> thank you, professor, i'll start with. you storage, your thoughts? >> i mean, the minute that he said, that i immediately countered up the image of a storage unit where you just keep your left over winter clothing and turn it over every summer and switch out your clothes. but this is, more obviously, than just some stored tissue. and it isn't even a question of storage. the real question is why does he have this top secret classified material in what is essentially a basement of a country club in palm beach, florida. it boggles the mind that this would actually be the case. so, to scoff it off is simply a storage issue is -- underscoring the way in which some members of the republican party wanted to sit down and downpla

. >> neal katyal is right in front of us. going to be here very soon. he doesn't think much of this decision. >> talk about what it means and if it does impede the doj. >>> president biden touts his administration accomplishments to union workers yesterday. labor secretary marty walsh was with him at those stops and he'll be our guest this morning. and, tracking gun purchases. via your credit card. cnbc's andrew ross sorkin has new reporting on an idea whose time may have come. willie. >> but we begin this hour in uvalde, texas, where today is an emotional day. public schools have reopened for the first time since 19 students and two teachers were killed there in a mass shooting. nbc news correspondent morgan chesky joins us live from uvalde. good morning. >> reporter: good morning. and as you could imagine, a mix of emotions here in this community today. with robb elementary being torn down, the students who went there are now splitting up against several area schools. that will look far different than they did just a few months ago. everyone here tell

now we two to two experts we thank for working on this labor day, neal katyal and nyu professor melissa murray. in all seriousness, thanks for working today. how you doing, neal? >> i'm doing okay. i got my new covid shot, so i'm starting to feel it. >> i hope you feel okay. we'll keep that in mind. i take it that means some medical professionals were working today, too. professor, how you doing on this labor day? >> doing well, ari, thank you. >> thank you. >> professor, i'll start with you. storage. your thoughts. >> the minute he said that, i immediately conjured up the image of a manhattan mini storage unit where you just keep your leftover winter clothing and turn it over every summer and switch out your clothes. but this is more obviously than just some storage issue. and it isn't even a question of storage. the real question, is why does he have this top secret classified material in what is essentially a basement of a country club in palm beach, florida? it boggles the mind that this would actually be the case, so to slough it off as a storage issue i think underscores the way i

. >> neal katyal, is it possible for a special master in a situation like this who is obviously taking in what donald trump said on fox two days before he issued that order. is it possible for him to issue some kind of gag order to the parties in a case like this? >> it's certainly possible. i think there are so many first in mint interests at the state level, that is not very likely. i think that what judge dearie has done so far the special master is to tell trump that it is time to put up or shut up. we are not going to let you penalty, and serve conspiracy theories without evidence to back up what you are saying. to put it bluntly, the special master has been a nightmare for trump, and the icing on the cake is that trump did it to himself. as a lawyer, lawrence, my first rule, as always, is to be careful what i wish for. be careful what i am asking for on behalf of my clients. trump could have just peddled some absurd theories about the planted evidence, about declassifying in his mind about how the justice department abuses those rights, but he instead insisted on saying all of th

. >> back with us, neal katyal, andrew weissman and bradley moss.but i cut off right around the point where the judge would if you satisfy in court started rambling off about the radical left. bradley moss, so they have a potential defendants testimony, not under oath, saying, everything the classified. >> yeah, what i would remind on trump's, he has the right right to remain silent. everything he says. and it will be used against him in a court of law. he's putting his lawyers into a corner here. they have no other option at this point but to try to concoct some kind of argument about the classification. clearly, he is expecting them to put up something from cash patel in the so-called others who are apparently in the room. but here's the problem he's going to face, whether it is before judge cannon or through the special master or the 11th circuit in the supreme court. the case law is clear that if he's going to try to argue if the, was to be an issue, about -- going to try to argue that in some fashion, he has to have specifically done that two p

. >> neal katyal, as our appeals expert, i want to get your reaction to not just the content of this opinion, which is so clear and so powerful, but the speed, the speed other spots, the speed of the action taken by this appeals court, what does that tell you about their attitude? >> so, i want to answer that. but before i do so, lawrence, i just want to pick up where andrew started. because i think it's worth taking a step back and recognizing just how extraordinary this moment, this day is. because over the past months, you and i have been talking so much about trump's legal troubles. it was almost easy to forget that trump had never actually been indicted, never been sued, you know, by a state and the or anything like that. but today, things looked different. we're seeing the former president himself personally facing a major lawsuit from new york, the attorney general with real teeth, in addition to this dramatic 11th circuit ruling, which is going to likely, i think, bring about a criminal indictment. and so, with respect to your question about the speed, one day is extraordinar

we have two of the best legal minds in the country, neal katyal and david kelly, after the break.oming a morning person starts the night before with new neuriva relax and sleep. it has l-theanine to help me relax from daily stress. plus, shoden ashwagandha for quality sleep. so i can wake up refreshed. neuriva: think bigger. [school bells] when pain says, “i'm here,” i say, “so are they.” ♪♪ aleve - who do you take it for? this is the sound of better breathing. fasenra is an add-on treatment for asthma driven by eosinophils. it helps prevent asthma attacks, improve breathing, and lower use of oral steroids. fasenra is not a rescue medication or for other eosinophilic conditions. fasenra may cause allergic reactions. get help right away if you have swelling of your face, mouth and tongue, or trouble breathing. don't stop your asthma treatments unless your doctor tells you to. tell your doctor if you have a parasitic infection or your asthma worsens. headache and sore throat may occur. ask your doctor about fasenra. my name is tonya, i am 42. as mother of nine kids, i think i waited

. >> so let's bring in former acting solicitor general, neal katyal. i'm curious what the role of the special master would be and what the intention here and what impact would a special master have on how the doj moves forward, any decisions to move forward or a potential indictment? >> first, let me just thank joe for his remarks about judges because i think they are so important. and one legacy of president trump's time in office was to attack judges for being obama judges and things like that. that is not the way -- i practice in the federal courts every day. that is not the way to think about them. it is not right. it is not appropriate. so let's see how judge cannon evaluated this today and not malign her for being a trump appointed judge. donald trump has asked for a special master which is someone to review the documents seized at mar-a-lago and determine whether any are protected by privilege. and i disagree a little bit with joe here on his first set of remarks. ease absolutely right, criminal defense attorneys shouldn't take the government's

contributor jackie alemany is here and former acting solicitor general and msnbc legal analyst our friend neal katyal. let me start with you, neal, and this list. how does it deepen your understanding not just of what trump had, but how he had it? >> well, you know, nicole. like in the start of a relationship you meet someone new and every day you learn something new, interesting that that bringious further. trump is the reverse of that. every day you learn something new and worse and draws prosecutors in more. investigations, this one is spiralling for trump downwards. it's not just that he stole the documents. it's not just that he lied about them. it's every new fact that makes the situation worse. so first we thought it was just some documents at mar-a-lago and then we learned it was highly classified documents and then we learned it was human sources and signals intelligence and some of the crown jewels and then we learned he didn't return the documents when the archives asked for them and then we learned the justice department had to get a grand jury subpoena for these documents. then we learne

. ♪ >> next, neal katyal discusses the fbi search of mar-a-lago and the discovery of classified documentshe spoke and it was hosted by the washington post. post." >> thank you all for being here this evening. the month before labor day used to be considered a slow news month. that's not the case anymore but maybe not since we've seen so much news being made and so much of it about donald trump. as the news cycles spin faster and faster and we try to get to as many as we can we also want to get to as many questions as we can sue if you put your questions in the qb and a box we will get to as many questions as we can. we begin with the most recent story that investigators found highly classified nuclear documents in the search. so exactly what was it they found? >> first, thank you for being here. it's always a pleasure to stay with american crossroads and their organization but also especially somebody i've been covering a long time and now i find myself on the screen with them. i'm happy to be yearly and happy to answer your questions. with regards to the documents seized in august i can

neal katyal, thank you. you stay healthy too. >>> switching gears for us a little bit.trump's legal jeopardy deepens, the threats against law enforcement grow. they're out in the open from trump. propped up in his own voice in interviews, we'll talk about that with congressman jim himes of the intelligence committee, next. there's a monster problem and our hero needs solutions. so she starts a miro to brainstorm. “shoot it?” suggests the scientists. so they shoot it. hmm... back to the miro board. dave says “feed it?” and dave feeds it. just then our hero has a breakthrough. "shoot it, camera, shoot a movie!" and so our humble team saves the day by working together. on miro. what do we want delivered every month? clumping litter? salmon pate? love that for me. just choose the frequency and ship it! i feel so accomplished. now you can pet me. great prices on everything pets want. chewy. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ questlove is the poetry of stillness. a thundering drumbeat. discovering the virtues of a wandering mind. conflict and climate change. a new black dream. the hidden me

acting solicitor general neal katyal and "washington post" reporter jacqueline alamani. neal, your thoughts about a call placed from the white house to a january 6th rioter during the riot. neal, the phone call isn't mention in the any of his court documents or in his sentencing. could this nine second call end up being much ado about nothing? >> it could. i think one has to be really careful in any law enforcement investigation to rely on partial information, and seems like the source here was -- just had partial information. might turn out to be significant, but i think the person that we do know on that end of the call has said he doesn't remember who he talked to, is trying to downplay the significance. these people, many of them are criminals and coup plotter, sow can't always take them at their word, but to make a criminal case or make a big deal out of it in the january 6th hearing, i think we need more evidence and i don't see it. i see this sometimes when people leave the government, they know one thing, but don't know the whole thing, and it seems more significa

. ♪ >> next, neal katyal discusses the fbi search of mar-a-lago and the discovery of classified documentske and it was hosted by the washington post. post." >> thank you all for being here this evening. the month before labor day used to be considered a slow news month. that's not the case anymore but maybe not since we've seen so much news being made and so much of it about donald trump. as the news cycles spin faster and faster and we try to get to as many as we can we also want to get to as many questions as we can sue if you put your questions in the qb and a box we will go

tonight, pulitzer-winning prize reporter with the washington post, hugo low, with the guarding, and neal katyal, department of justice veteran informing acting solicitor general of the obama administration. carol, we all know with the january six hearing delayed, the committee has already made huge advancements, huge progress. they've cracked wide open for us to see so much of what went down on january 6th. they still have a long ways to go. is the clock working against them? >> you know, steph that is a great question. the committee has said over and over again they want to bring into the living rooms of america what exactly happened on january 6th a lot of we saw on television right. but they want to make clear over and over again what was president trump doing before january six, what was he doing that day and what did he do after. and that they brought home in a painful way sometimes that the president was for example apparently comfortable that there were supporters of his that were carrying weapons as they entered or tried to enter his rally, and he was fine with them being armed although

the incredible new reporting, "washington post" national investigative reporting carol leonnig, neal katyaltor, now georgetown law professor. both msnbc contributing reporters. this blew my mind when i saw it when we were getting ready to come on the air. now you have the most accomplished, the best adjective i can pull off the shelf on live tv, flashing a yellow warning light about trump's own conduct because he thinks there's criminal exposure. tell me what you have reported and what you have learned. >> you know, what is really interesting about this is my own gut instinct, and i know neil's as well, has been this situation in mar-a-lago is bad because it is just the straight-up case of did you keep documents that you weren't supposed to have, did you keep classified documents you knew were classified, and did you lie about it or tell someone else to lie about it. that is a really kind of simple, open-and-shut case, and it always was our instinct this was really a vulnerable soft spot for donald trump post-presidency in terms of criminal liability. now we know that actually the lawyer wh

from top to bottom is how our friend, the former acting solicitor general for the united states, neal katyal by judge aileen cannon to grant ex-president trump's request for a special master, an independent arbiter to review the documents seized by the government in its august 8th search of mar-a-lago. judge canon's broad ruling means the special master will have the power to look through the documents and decide if they're protected under attorney-client privilege as well as if they're possibly subject to executive privilege. doj had previously said that claims of executive privilege were not relevant here since trump did not own the documents. the judge's ruling, as you heard neal katyal speak to, also says that the doj's investigation is temporarily halted. it's stopped until the special master is done. specifically, when it comes to the materials seized by the fbi last month. "new york times" writes this, "the justice department is itself part of the executive branch, and a court has never held that a former president can invoke the privilege to keep records from his time in office away

, former doj prosecutor ask senior member of robert mueller's special counsel investigation and neal katyalback, act of former acting solicitor general and now professor. i want to start with you, yamiche, because you from the north drive of the white house covered for years of what was excruciating for most national security professionals and that was donald trump's not just disregard for the intelligence community products and something confirmeded on this program. he never appreciated what went into everything briefed to him and his carelessness and his recklessness and boastfulness with people like sergey lavrov which he shared very, very sensitive classified information about sources and methods as well as his skepticism of deep intelience services and i wonder that among the documents he took, hoarded and lied about returning was another government's nuclear secrets. well, this underscores if this reporting is accurate and i imagine friends at the washington post are credible and this underscores former president trump not really taking as seriously as most of his critics should take

i have andrew weissmann, neal katyal, matt miller.d. >> the murders of legal. eagles >> how them take it apart, get right. to it >> have a great show. >> thank you, thank you. >> tonight, the trump lawyers have filed a reply to

it was neal katyal, harry litman, charlie savage, democrats riding high after republicans introduce a national abortion ban and are yet to come up with a plan on inflation. amy mcgrath and david jolly are here with a rare view from the center of american politics. and later, president zelenskyy's armed forces scored a big victory in ukraine. and then he went to the frontline. the message that sent to russia 's ahead. zelenskyy's former press secretary. 11th hour just getting underway on a big news friday night. a big news friday night research shows that people remember ads with young people having a good time. so to help you remember that liberty mutual customizes your home insurance, here's a pool party. look what i brought! liberty mutual! they customize your home insurance... so you only pay for what you need! ♪young people having a good time with insurance.♪ ♪young people.♪ ♪good times.♪ ♪insurance!♪ only pay for what you need. ♪liberty liberty. liberty. liberty.♪ (dad) we have to tell everyone that we just switched to verizon's new only pay for what you need. welcome unlimited p

former acting solicitor general neal katyal called it bad. the judge did traum's lawyers' work for them. is this an over reach? >> i think so, lindsey. the judge's opinion acknowledges she's giving trump special treatment because he's a former president, but because there's never been a former president with that's the subject of a search warrant, there is no standard procedure. the judge is basically making this up as she goes along. that leads to a lot of uncertainty around issues around how much of its investigation doj has to stop right now. >> matt, have you heard anything from your former colleagues in the doj by this ruling? do they feel blindsided by this? >> i haven't. i suspect they're not blindsided. the judge previewed she was likely to take the action. even though the department feels the law is overwhelmingly on its side, they aren't surprised and they've been preparing for this outcome. i think the decision is whether they appeal or not. i think they're likely to appeal. i don't think it's a completely obvious decision they'll

i have andrew weissmann, neal katyal, matt miller. >> we're gonna get right to it. >> have a great show. >> thank you alex. thank you. tonight the trump lawyers have filed a replied to the justice department's opposition to the judge appointing a so-called special master to examine some of the government records seized by the fbi at donald

jones of alabama who is a distinguished senior fellow at the center for american progress, and neal katyalrmer acting solicitor general. roger stone, we have done this -- talked about this on the show before, is an interesting character because he had exactly the same idea 20 years ago and so did john eastman. this idea that you just simply say, we won, and then you effectuate maybe even a little violence to see to it that no one really challenges you. let me play another clip from him. this is from november 1st, before the election. more roger stone. >> let's hope we're celebrating. i suspect it will be -- i really suspect it will still be up in the air. when hat happens the key thing to do is claim victory. possession is nine-tenths of the law. no, we won. [ bleep ] you. you're wrong, [ bleep ] you. >> and his response to that clip, his response to it today is, the lesson of 2000 when the election was in dispute, james a. baker got george bush to declare victory. he was considered a genius. i suggest the same thing and they say that's considered criminal conduct. is there a difference? >

the justice department, though, is expected to appeal and when you hear someone like neal katyal say the appeal writes itself, that matters. remember, all he did was appeals. he did the supreme court, that's the high level, not the first round. and he's saying, he thinks that that the appeals process, the ultimate arbitrary of the supreme court, this could be changed. the appeal would eventually be held by the 11th circuit court of appeals, that does lean conservative in terms of the appointees. the judge has appointed a special master, raymond deery. the only candidate who both sides could agree upon. and we're getting some progress there. the first order of business is both parties to have come to where he is, in brooklyn, tuesday. and meet and go over any, well, open issues, as they figure out this review. meanwhile, you have the escalations in the january 6th criminal probe at doj, the 40-plus subpoenas, three of them cover 18 categories, so more and more details coming out, including communications with people in six states about the fraudulent elector plot, according to this ne

post," a tough legal mind who usually supported president trump, to former attorney general barr, neal katyalwas an absolutely egregious decision, you wonder if a conservative circuit, the 11th circuit, won't overturn this. what are you hearing? >> absolutely right, joe. i think that's why the justice department focused on the most egregious, from their point of view, the least supportable part of what the judge did here. they're basically saying, judge, we can live with the special master looking at donald trump's tax and health records that we took from his office. but the special master has no right to review these 100 classified documents we've already segregated and put in a special place. because donald trump had no right to them. they are not his personal records. they're government records. there's no possible claim of attorney/client privilege, the justice department is saying. though the judge held out some theoretical possibility that some of them could be covered by executive privilege, the justice department says, even if that were true, the nixon supreme court watergate case say

and neal katyal, former solicitor general of the united states.are msnbc legal analyst, joining us now, neil, thank you for joining us. neil, how much will this latest appeal delay justices investigation? >> i think, actually, it could go pretty quickly. late last night, the court of appeals issued in order to donald trump's lawyer that they need to respond by tuesday. the government might then try to have a response on wednesday. i think this could be tight up this week. i think it's because with the justice department did here was really smart. what they didn't appeal the entire thing, at least not now. what they said is, there is 100 very serious documents of sensitive national security concern, and with respect to those, we need access them immediately. for the criminal investigation, because these documents of the subject of that, they're stolen and highly sensitive documents, or the intelligence review, because these concerns sources and methods, including active spies out there in the field, in those spies are worried about whether or not t

. >> neal katyal is right in front of us. going to be here very soon.iden touts his administration accomplishments to union workers yesterday. labor secretary marty walsh was with him at those stops and he'll be our guest this morning. and, tracking gun purchases. via your credit card. cnbc's andrew ross sorkin has new reporting on an idea whose time may have come. willie. >> but we begin this hour in uvalde, texas, where today is an emotional day. public schools have reopened for the first time since 19 students and two teachers were killed there in a mass shooting. nbc news correspondent morgan chesky joins us live from uvalde. good morning.