i want to bring in justice department ken dilanian, meredith mcgraw, and msnbc legal analyst danny cevallos. ken, let me start you with. because the special mast ser out with a brand new filing laying out a fairly strict schedule and the process that he wants both parties to come to grips on basically. talk to us about what we re learning. that s right, hallie. first, he s giving, he s asking the fbi to certify that what they say they seized, that they re standing by that. it was a detail and exact list. and they are giving the trump team a chance to challenge items on the list that are inaccurate or things they say that were seized that aren t on the list. and then he is sending out a bunch of different categories of records that he is asking the trump folks to decide whether they re going to challenge on the grounds of attorney-client communication, and executive privilege, and whether the document is a presidential record, or whether it is a personal record. but hallie,
ruled in favor of the justice department. ken, thank you. let me turn to our analysts now and our friends of the show, and let me start you with, danny, if the former president appealed this ruling, that there would be the next highest court? there is only one next highest court and that is the supreme court of the united states and one might think that because the supreme court currently leads to the right, should trump have a friend should he appeal to the supreme court and maybe that is true but a number of the justices on the court are textualists and when you look at the 11th are circuit s very reasoned opinion, marching through each of the elements of each of the tests, this is kind of thing that you might predict that the supreme court justices might say the 11th circuit did a proper review, even if we look at the law with fresh eye de novo, they arrived at the correct conclusion after the tests. and that the initial search
i want to bring in justice department ken dilanian, meredith mcgraw, and msnbc legal analyst danny cevallos. ken, let me start you with. because the special mast ser out with a brand new filing laying out a fairly strict schedule and the process that he wants both parties to come to grips on basically. talk to us about what we re learning. that s right, hallie. first, he s giving, he s asking the fbi to certify that what they say they seized, that they re standing by that. it was a detail and exact list. and they are giving the trump team a chance to challenge items on the list that are inaccurate or things they say that were seized that aren t on the list. and then he is sending out a bunch of different categories of records that he is asking the trump folks to decide whether they re going to challenge on the grounds of attorney-client communication, and executive privilege, and whether the document is a presidential record, or whether it is a personal record. but hallie, all of thi
thing that happened, is that the appeals court is now saying that the fbi can use the 100 classified documents seized at mar-a-lago in their investigation, and that appears to me to be a thing that the d.o.j. really cares about. those documents will not be reviewed by the special master on the new appeals court ruling. the fbi has immediate access to them. and this other stuff, these other 11,000 documents that they seized at trump s office, and storage room may or may not be relevant to the investigation, but it s very clear the d.o.j. believes they can live with there special master review, and it looks like the timetable will extend through october, so that will delay their review of those documents a bit. but the important thing to them, i think is that they have the classified documents. that s right. they can look at it, they can do, continue the investigation at this point, and in a filing, in a ruling, ken, that was basically a full repudiation of what the original judge who