appeal filed by the doj on friday, asking that the fbi wreaking access to those classified documents, so that they can resume investigating potential crimes. nancy gertner served as a u. s. district courtrently, a senior lecturer at harvard law school, and she joins me now. nancy, i don't envy judge dearie here because it's very unclear what he is supposed to do. so, it seems a little unclear to him, too, because the first thing he's asked is for the trump people to say what trump may have declassified or says he declassified, and the trump lawyers respond by saying, you can't make a say that, that we will force the plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment. what is he supposed to do here? >> i feel like saying beats me, but i'll be better than that. it sounds like he wanted trump 's lawyers to do what they should've been doing for two years, which is, identify specific documents that don't fit under the presidential records act, that don't fit within classified documents regime, and are documents as to which he has a proprietary interest. bear in mind, it's still extraordinary. we're focused on this case, but in fact, trump had t