A preliminary intent to allow a neutral third party, typically a retired judge, to review the documents. The former president s attorney claims a Special Master is necessary to ensure the Justice Department returns any of trumps private belongings and documents covered by Attorney Client privilege. But, the Justice Department has indicated it is already using an internal filter team to review everything which was seized by the fbi. For now, cnns Political Correspondent sara murray live now, sara, and broad brushstrokes, when we look at in terms of the spots from the doj . We are looking overall, in terms of the legal argument, the Justice Department opposing with donald trump is looking for, which is a Special Master, an independent third party to overview these documents. The Justice Department is saying look, after the search they did on the president s residence in maralago at august, theyve already gone through those materials. Theyve already had a filter team set up to remove any potentially privileged materials. And theyre saying a Special Master is not necessary in this case. But they are also shedding a lot of light on what they took when they went to maralago. They said they seized more than 100 unique documents with classified documents. And this is important, because this came after donald trump, we know, there is always a subpoena issued for these documents to be handed over. They are saying the fbi went in when they did the search in august, they recovered twice as many documents as the trump team handed over in response to this subpoena. So, the Justice Department is casting a lot of doubt on the fact that there was actually a diligent search on behalf of trump and his representatives to hand over all these classified documents. They include a photo in this filing, that sort of shows these documents with these classified cover pages to give us a sense of, you know, the scope of what they found when they went in in that search in august. And they also pointed out in their filing that they believe documents were likely concealed or removed from a storage room in maralago in order to obstruct this of mastication. You know, this was an important filing for the Justice Department, they asked for additional pages when they put it before the judge. Because they want to sort of lay out not only their legal argument for why they do not think a Special Master is necessary in this case, but they also want to sort of lay out the timeline of events here. And in particular, rebut what the trump team has been saying in their filings. The trump team has been saying that the former president was very cooperative, gave the Justice Department everything they are asking for. And when the Justice Department is saying in this filing is that was not the case when they showed up there in august. , sarah thank you, sarah murray there with the overview of whats in the filing, the importance bits. Thank you sara. Lets bring in cnn analyst elliot williams, and julian cayenne. Thank you for both being with us. Elliot, i want to begin with you. When we look at the filing, it was extra pages that were requested. They had a maximum of 20, they went for 40, double what was normally allowed. So when you look at the detail, weve seen this summary of the filing, some of the details there, what is your immediate take away from the importance of this filing, and the likelihood of success . Yeah, well, its not uncommon for parties to get a page limit raised on a filing in court. Partly because, in a situation like this, these are issues that have never come up before an american law. Just think about how unique it is, or the fact that it is unique, that you have a former president accused of having mishandled documents, perhaps having broken the law. And this presents a number of very complex legal questions, number one, sort of what to do with documents once they are taken back from the president , or who is entitled to them, and so on. So its quite complex. So, number one, thats on the page limits point. Number two, is sara marie just noted a moment ago that this Obstruction Of Justice, which they really in clear terms layout, now, certainly this is not an accusation of a crime against the president or anyone else. But they do define and layout instances where they believe that someone at maralago, whether its the president or someone else, sought to thwart an active open criminal investigation. That is incredibly serious, and perhaps criminal charges will have to see. Do you, and that point, juliet, the Obstruction Of Justice, if someone at someone tried to obstruct justice, is don trump responsible . Not necessarily. Who that allegation just apartment has just raised it because to essentially justify to the magistrate why they had to go in with a Search Warrant, because they no longer had confidence in trumps legal teams representations that they had handed over everything. We dont have to secondguess it. It ends up being true. We then go, in fbi goes in with a Search Warrant, and finds twice as much stuff as they anticipated because of either misrepresentations, lack of knowledge, or Obstruction Of Justice by trump or his lawyers about what was still at maralago after that initial series of conversations in which some of the information was given back. In many ways this picture, i know we have shown it, of the filing, its sort of shocking in the carelessness, i think, the department of justice wanted to show, look, this is, at best, a very careless person. But also if you want to look at the markings on the documents, these are the most sensitive documents that the American Government retains and holds. They are, what people have to remember is, you are only supposed to view them in either scifs or we oval office or places that are highly secure. This is because its not just their content, methods, foreign intelligence assistance, things that will implicate American National security interests. Its also that you dont want them duplicated. I actually went away from this picture thinking, we dont know who had an iphone and is texting this to friends. Its not just these documents. Matt its the pictures, the Potential Duplication of these documents that then makes it impossible to control who their distribution is. Its a big National Security challenge for the Biden Administration because if you are an ally or an intelligence agent, if youre an enemy, you are looking at this filing, which is disclosing a very, as i say, at best, Careless Retention of Classified Information, but you are also wondering what kind of damage has been done to our capabilities and two plans and programs that help protect not just the United States interest but our allies interest. This is a strong document against all the claims being made by trump and his team that you have heard over the last couple of weeks. Harry lippman has joined us here, so good to have you with us harry. I want your take on this because before the filing was made the department of justice, in a way, juliet touched on this, wanted to set the record straight. If you look at this, filing how successfully have they been doing that . I would say pretty successful. In half of the whole filing goes to facts, and by the way, once again, it is because trump lead with his chin. What they say up front is, you are a new judge that trump just plopped and dumped a new filing on. You hadnt seen the affidavit. For that reason weve got to develop some of the facts and give them to you. So their whole justification for revealing more of the record is that trump himself went sort of foreign shopping. And juliet the picture does speak a lot because when were all done and we find twice as many as we gave you in the first place, the facts, i think, are very strong, and put the lied to what is the leading factual claim in trumps submission to the court. We were cooperative all the way through. But basically blows that factual submission to smithereens. Then theres the whole legal argument which, if anything, is even stronger. Theres also the point that was made in his filing that essentially the work of a Special Master has already been done. This is from the summary of the filing. In any event, the governors the governments filter team has segregated any materials that are subject to Attorney Client privilege. The governments Investigative Team has looked over all the remaining materials. In other words, its already done. So, elliott, does this go to the part of the argument that by making this request the trump team is engaging in Delay Tactics . I think thats exactly right. Backing up a bit for our International Friends who are viewing this right now, the way a Special Master typically works is that when a search happens and they uncover what are called Attorney Client privileged documents, communications between an individual and their attorneys, they will figure out some way of dealing with those documents so line for some and cant really ever use them in a criminal persuading. This is different, this is what is called at least asserting Executive Privilege somehow that being a former president his papers or documents are things cannot be made available to other areas of the government. Its an odd argument. Needless to say, even if he had a point here, and even if you are correct on this Executive Privilege point, the Justice Department has had this document since august 8th. They have been filing them, collating, them whatever maybe. Any request for some other party to come in and start segregating documents and taking them apart is moot, because the justice already has access to them. It does appear like this is at best an attempt to delay and slow down the proceedings. We also heard from trumps lawyer speaking to fox news on issues they have with the department of justice. Here he is. Look we have a lot of problems really accepting everything at face value thats coming out of doj these days. Its very politicized place, im sad to say. Juliet, do you. But that is a claim which is sweet and damning in the same time, backed up with no evidence. We its very interesting to see how the trump team is trying to defend him. A lot of it is throwing everything at the wall, the dojs political, biden, why did they do hillary, all the things you have been hearing over the last couple of weeks. He can declassify anything he wants regardless of who it might harm and who might be dead because of. It just everything at the wall because they knew, lets put it this way, they knew the information we are learning tonight would eventually come out. There was the ways and which they hid, denied, delayed the appropriate retention, essentially by the United States government of its most secret documents. And so i dont really take much from those kinds of arguments about whether doj is being political as this is all being overseen by judges, democratic pointed some republican appointed, but i think it goes to a different issue. The National Security implications of this, the substantive issue, is impossible for the trump team to defend at this stage. You cant say these documents dont mean anything or the documents they retain information about Human Intelligence assets were helping us, documents about our allies and our enemies arent important. So instead, theyre going after, well, its political. So its very important that this filing today as well as the consequences of what trump did focuses about not United StatesNational Security interests today. Theres a line in the filing that you just have to save this but truthful that says that these are not Donald Trumps documents and this is not a question of he had something we want. He has something thats not his and we need it back because it contains the secrets to protect americans, to protect us. And our allies who are watching right now wondering how have their intelligence capabilities also been made vulnerable by what trump has done. And harry, to you, the old, saying if the law is on your side, argue the law, if the facts are on your side, follow the facts, and if you dont have, either pound the table. Look, the number one point is wet juliette just said. Its really the leading legal point for doj, as well. Hes a citizen. He has zero entitlement superior to anyone else. So hes trying somewhat cage really, his motion doesnt exactly say whats sort of privilege he is even seeking, but it just cannot be. If fails as a matter of logic for all the reasons that juliette says. It fails lately as a matter of law. The law is clear. These documents are not just our public documents, they belong in the archives because they are classified and could do damage. The danger of this, of his motion and her odd kind of indication, maybe a grant a Special Master, is that it would up and and put back on the footing that trump has been seeking the whole time and Executive Privilege. The doj just slices through that. Legally and factually. Legally it says, look, they are not his, he cant even bring a lawsuit. He has no interest in these. They dont belong to him at all. If and when he is charged, he can make any claim he wants to under the law. But for now he is a guy who has documents. Hes a citizen who has documents that he has no business having. Period. Okay, with that will take a short break. Elliott williams, Juliet Kayyem harry litman, thanks so much. Youre watching cnn. The team remained calm. Because with miro, they could problem solve together, and find the answer thatat was right under their nose. Or. His nose. If youre washing with the bargain brand, even when your clothes look clean, theres extra dirt you cant see. Watch this. That was in these clothes. Gh. But the clothes washed in ti so much cleaner. If its got to be clean its got to be Tide Hygienic clean. New astepro allergy. Now available without a prescription. Astepro is the first and only 24hour steroid free spray. While other Allergy Sprays take hours astepro starts working in 30 minutes. So you can. Astepro and go. Youre making all the difference out there kid. Next big american. Pressure, pressure . Pressure, pressure. So where do you think this pressures coming from . Everyone. Im just here for the mints. [ Cheering Crowd ] so much pressure. Pressure makes diamonds. True. Pulisic he scores incredible everyone gets a free new Samsung Galaxy z flip4 with a galaxy tradein. Any year. Any condition. Really . Even if my old phone looks like this . Gasps dude why . Gasps how could you . Its okay people. Ive trained for this. Its not complicated. New and existing customers get a free galaxy z flip4 with a galaxy tradein. Any year. Any condition. To be clear, we have never been accused of being flashy, sexy or lit. May i . Were definitely not lit. I mean seriously, we named ourselves booking. Com which is kind of lit if we are talking. Literal. Ha ha. Its why were planet earths number one site for booking accommodation. We love Booking Stuff and were just here to help you make the best of your vacation. Ow. Hi. Booking. Com booking. Yeah are you feeling sluggish or weighed down . Metamucils new fiber plus collagen can help. When taken daily, it supports your health, starting with your digestive system. Metamucils plantbased fiber forms a gel to trap and remove the waste that weighs you down, helps lower cholesterol and promotes healthy blood sugar levels. While its Collagen Peptides help support your joint structures. So, start feeling lighter and more energetic by taking metamucil every day. Try metamucil fiber gummies made with a prebiotic, plantbased fiber blend that helps promote digestive health. It wasnt me by shaggy youre never responsible for unauthorized purchases on your discover card. 20 minutes past the hour, welcome back. Everyone were following Breaking News about the Justice Department filing on why a Special Master, an independent review of evidence seized by the fbi at Donald Trumps maralago estate is not needed. This isnt a response to a filing by the trump. Team lets go back to our former u. S. Attorney airy lightweight. Thank you for staying with us. Juliet, do you, prosecutors included a photo on the front covers of the documents with the markings classified. What was your initial reaction when you saw that . And you have an example of what sort of intelligence or information in a general sense would be marked that way. So, we dont know what those documents were laid out for the picture. But what we do know is theyre not in a protective facility or in any ways protected in ways described