this ruling by the 11th circuit court of appeals. anderson, this is exactly what the justice department has been fighting for weeks. they tried to get this result in the district court from judge eileen canon. they didn t get it. now they ve had the victory from the 11th circuit. notably this is from a panel of two judges, two of them trump appointees, one obama appointee. and what the 11th circuit is saying tonight the justice department can go back to using the classified documents they d been restricted from using in their ongoing criminal probe into these classified documents that were seized from mar-a-lago last month. and the appeals court is saying here they re really agreeing with the justice department saying that, yes, in fact national security could be harmed if the justice department can t continue its probe here. they said that, you know, the doj has argued it s a criminal investigation, and the national security assessment is inextricably linked. the appeals c
that they ve been restricted from using, in their ongoing criminal probe into these classified documents, that were seized from mar-a-lago last month. the appeals court is saying here, they are really agreeing with the justice department, saying that yes, in fact, national security could be harmed if the justice department can t continue its probe here. they set the doj has argued that the criminal investigation, and then national security investment is inextricably linked. the appeals court saying, yes, in fact, if we don t let the doj continue to use these classified documents, there will be real and significant harm on the united states and the public. notably, in this opinion as well, anderson, the 11th circuit is really faulting trump s lawyers, for not better explaining what seems to be their argument, the trump may be declassified [inaudible] his lawyers, his allies, but they ve not offered any proof in court filings or in-person. so the 11 circuit tonight criticizin
making, about what the overall statewide race contest looks like in pennsylvania. and with nbc news now projecting at this hour 10:30 in the governor s race, we don t have a projection in the pennsylvania senate race. steve, can you tell us anything about synergy between those two campaigns and what this means for fetterman? so to put it into perspective, shapiro declared the winner. you see what the governor s race looks like right now keep your eye on a, honestly flipping over to the senate race. 55.7 down to 50.5. fetterman is five points behind shapiro in the senate race. right now it gives fetterman advantage of three enough points with that same sort of collection of votes. now what s interesting is, we start looking at this point in the night for where our counties that are fully counted or almost fully counted. how is fetterman s number looking there? let s take you through a bunch of those. we ll start in lackawannock county. as just a little bit more vote
candidate blake masters, who was 41.4%. let me put that up again. she is at 44.7. she is running about three points better. she is about three points better. and that could be the difference in this state, which has been decided by very close margins in the past when you re talking about, for instance, the senate race there two years ago. mark kelly won just by three points when he ran three years ago. if you extrapolate that out to the governor s race this year, that three-point difference for kari lake that she is running ahead of blake masters, that could be decisive. we re going have to wait and watch how she does there. is she outperforming trump? she is well, no. not yet. because trump, you ll remember, trump in this state two years ago got 49%. but that was with 99%. and the problem right now where we are in arizona, at this point in the night, it s just impossible for us to tell where she is relatively speaking. the other governor s race that i
so what this means is that the special master can continue his review because remember there are 11,000 documents in whole that he has to review before november 30th. however, he is now restricted from looking at those 100 classified documents in the review. so that is like a second win for doj at this point in the night. anderson? and can the ruling be appealed? it could be. you know, we heard from the justice department in that hearing before the special master yesterday that they would appeal it if they lost. presumably the same goes now that trump s team has lost this. they could potentially appeal, and that means it could go all the way to the supreme court, but for now doj has a win here. they can resume using those classified documents. they ll be kept out of the view of the special master and trump s legal team. trump s team can move to appeal this, but doj s free to go about their investigation and continue it as they had been before the brakes had been put on it previousl