my director is saying ariel. i don t know. i don t see you as ariel. can i be a mouse? can i be mickey? i want to be mickey. mickey a s black. oh, is mickey black? are we having this conversation? this whole thing about santa and jesus. i was the color fuchsia just now. i do love the new ariel though. i think it s amazing what it s doing for kids and diversity, so i think it s great and for opening people s eyes to their own issues whether they realize they have them or not. that s a whole other conversation. do you have issues? it s friday night. do you know what your issues are? that s a whole other show, and this is a whole other show now. thank you, laura. this is don lemon tonight. the doj just moments ago asking an appeals court to put on hold parts of the judge s order requiring a third party review of the materials from the fbi search of mar-a-lago last month. the doj asking for the 11th circuit to take action as soon as pact kl. just one day after
it s also a strategic appeal. just for perspective here, we remember doj seized 11,000 documents out of mar-a-lago. they don t like the special master ruling as to any of it. they lost on all 11,000 documents. what they re doing is saying okay, let s carve out the most important to us doj 100 of those documents. they ve given up on there being a special master for the other 10,900 other documents but with respect to those classified documents, those should not go to the special master, we should be able to use them in the criminal investigation and national security investigation, by doing that they limited the upside and won t get the special master kicked out all together but limited their downside because if you take an appeal and lose on the whole thing in the 11th circuit, that s really bad for doj and sets a worse precedent for doj so i think they re trying to be tactical and strategic in what they re choosing to go after here. this whole process is getting dragged ou
portion causing the most serious and immediate harm to the government and the public. one, restricting the government s review and use of records bearing classification markings. and two, requiring the government to disclose those records for a special master review process. the doj asking for the court to allow its criminal investigators to review the materials marked as classified and for the court to exclude those documents from the special master s review of the search. it is a fight that could go all the way to the supreme court, so we must talk about this now. i want to get right to cnn s justice correspondent jessica schneider, cnn legal analyst and former assistant u.s. attorney jeff, rogers, and special watergate prosecutor nic acerman. jessica, i want to start with you. what can you tell us what the doj is saying in this filing tonight? they re tell this court, look, we want two things the lower court judge eileen canon refused to give us last night. they want to
investigation. by doing that they ve limited the up side. they re not going to get the special master kicked out altogether, but they ve limited their down side because if you take an appeal and lose on the whole thing in the 11th circuit that s really bad for doj. that sets an even worse precedent for doj. so i think they re being tactical and strategic. this whole process is being dragged out. is trump getting what he wants especially if this works its way all the way up to the supreme court? to be sure, don. we have seen donald trump use delay as a tactic plenty of times before often successfully. here we are six weeks after that search was done at mar-a-lago and the special master hasn t gotten started yet and now he has until november 30th to get this done, and we ve got a pending at least a request for stay going up to the court of appeals. yes, it s moving slowly, and yes, delay is to donald trump s benefit. phil mudd, does it make any sense to you this judge can