from mar-a-lago this summer. the emergency request comes at a time when the high court s legitimacy is under intense scrutiny. trump is asking the court to ensure that more than 100 classified documents are part of the special master s review. the request granted could bolster the former president s attempt to challenge the search in court. the doj has until tuesday at 5 p.m. to respond. let s bring in lise wheel author of the book a spy in plain sight. we have the former president asking the supreme court to inte intervene. even if they win, the doj could use the documents in their investigation. what is the motivation here by the trump legal team? oh, christine, he s grasping at straws here, right? the whole point of his modus operandi has been to delay these documents getting to the prosecutors to use in front of a grand jury. so what he s saying right now is a technical argument. he s saying the 11th circuit didn t have the power to sort of
anti-semitic rhetoric, we need to make sure leaders and others feel empowered to say no. new york s governor did condemn that stabbing attack and vowed to prosecute the suspect to the fullest extent of the law. i consider this an act of domestic terrorism. let s call it what it is. these people are domestic terrorists and the law should reflect that and they should be punished as if it was an act of terrorism. with me now former federal prosecutors elise wheel and jennifer rogers. what legally changes when an attack happens during a religious ceremony or is committed against people specifically because of their religion? are there additional charges? yes. there can be charges of hate
right. well, yeah, you ve got the attorneys general in utah, in connecticut, michael horowitz s ig report, and now this. and evan, what if they don t all have the same conclusion? right. i think this because the attorney general is the top guy at the justice department, he will be the final arbiter. he will be the final voice, not those more independent investigations, as you will, that are going to be done by those other offices. okay, evan. thank you. turning now to talk about this, former prosecutor elise wheel and fbi special agent josh campbell. josh, you just heard adam schiff call this dangerous and un-american. not just him. you have the former director of national intelligence james clapper weighing in. here s what he said last night on ac360. there s already been so much information declassified already that, particularly in the form of the mueller report, and the previous indictments.
appreciate that. let s talk more about this. elise wheel is with me, a former federal prosecutor and a lawyer for the democrats on the house judiciary committee during former president clinton s impeachment. good to see you. good to be with you. so whitaker s appointment receiving a lot of criticism, particularly from the democrats. might congress be able to encourage him to recuse himself, similar to the way jeff sessions got that kind of pressure, and then did? well, first of all, he should recuse himself right off the bat without any of that. you look at the law straight off and look at the wording of the law, if there s any appearance of conflict, which of course there is, just in his comments and things you ve already cited, if there s an appearance of a conflict of interest, you shall recuse yourself. it s not a question. it s a shall. so right there, just legally, he shall recuse himself.
whether this was a pardon discussion between the president and his legal counsel about the broad scope of his pardon powers generally speaking, which would be appropriate, or the pop possibility that they were talking about pardoning with the prospect of witness tampering or abusing their office. assuming it was under discussion what the intent might have been with respect to the pardon contemplatio contemplation. elise, i see you nodding. that s exactly the point. the president has wide discretion to pardon someone for really almost anything. and it s one of those things that, you know, we as citizens think well, you know, is that really proper, the pardon power