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
and had intent to break the laws. that s always the biggest challenge and i think there is still a lot of questions if they can do that here. master in this case scheduled a hearing for tuesday. what are you expecting from that? while this appeal is playing out, the special master has really got to move forward here because the judge said he has ten days to come up with a schedule about how this entire process is going to move forward and actually to come up with that schedule, he needs to confer with trump s attorneys and doj investigators or prosecutors so the special master here, the judge will hold a preliminary conference on tuesday at 2:00 a.m. it will be at the federal courthouse in brooklyn where he sits as a senior judge and he really does have to move somewhat swiftly here. he has to come up with this schedule in conference with the two sidesm. the clock is ticking. he s got until november 30th to review 11,000 documents that includes the 100 classified
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
doj s case getting more co compelling or less compelling against the former president? i ll tell you, i don t think it s getting more compelling. i don t think january 6th is. i m talking specifically about the president, not about the case more broadly and to talk about mar-a-lago, i don t think so. elie would know more about this than i do but i know prosecutors and i watched them argue a long time at the table with the fbi. they don t like to lose. you go into this case and say somebody, we don t know who, somebody brought down or authorized the bringing down of a bunch of documents from the white house. somebody kept the documents in a room. somebody decided to tell the department of justice they shouldn t turn those documents over to the fbi and the department of justice. and the president is going to say, i don t know what came from the white house. i didn t tell anybody to do anything. i don t know what this lawyer did. i still don t think that president trump is going to get
seizure docktook documents they shouldn t have taken. that s a political move. it s hard to see november 30th is the deadline for the special master, anybody could look at top secret documents, interceptions of foreign communications and say somehow those are executive privilege or even as elie is suggesting or even to say that there is a reason for a special master to look at those and make a judgment about those. i think that part of a justice decided to make this a narrow case because they re on far more solid ground that saying for example, a letter from rudy giuliani to the president shouldn t be reviewed by the special master. of course it should be reviewed. that makes sense to me. but why review an interception of a foreign communication? that s not an executive privilege document. i think the doj right win on this one. let me ask you about this. i know that you have a feeling about this. what do you think about the