For more minutes, you hear. It thank, you alex. The Trump Appointed judge, and the appropriately titled case Donald J Trump against United States of america, gave donald trump just about Everything Else for. In an order appointing a Special Master to examine all of the evidence seized by the fbi from Donald Trumps florida residents. The one good thing in the Judges Ruling is naming Raymond Diary as the Special Master in the case. He was the only possible Special Master who was acceptable to both sides, and if Raymond Diary is, actually does carry out his duties as the Special Master, he is, by all accounts, an honorable federal judge who would handle his responsibilities in this case honorably, and professionally, and as expeditiously and responsibly as possible. He is the only good thing in this Judges Ruling, which, of course, should not even include the order of a Special Master. The judge refused the Justice Departments request to withhold 100 classified documents from examination with by the Special Master. The judge, elaine mercedes can, and did modify her previous order to clarify the federal investigators can use all of the evidence that they seized, including the classified documents, in several ways. In their ongoing Criminal Investigation. Once again, judge cannon made a new utterly shocking statement in her new order. The judge actually said, in writing, that she does not believe that the hundred documents clearly marked as classified, and identified by the department as classified documents, actually are classified documents. The judge offered absolutely no evidentiary basis for why she does not believe the documents are classified. Judge cannon wrote, that she has not quote, prepared to adopt hastily that all of the approximately 100 documents isolated by the government and papers physically attached to them are classified government records. That is the single most trumpian Thing A Trump judge has ever said or written. When donald trump said, i could stand in the middle of fifth avenue and shoot somebody and i wouldnt lose any voters, he did not say that he would not get arrested. He did not say that a new york judge would throw out the case. When donald trump said, i could stand in the middle of fifth avenue and shoot somebody and i wouldnt lose any voters, he did not say that he would not get arrested. He did not say that a new york judge would throw out the case. He said he wouldnt lose voters. And he said that before he became president of the United States. Now six years later the tragic reality of american jurisprudence is a donald trump can get caught with documents marked classified in and a federal judge, who he appointed, will say, how do we know theyre classified . There is no more vivid demonstration of the poison that donald trump has injected into the federal judiciary. A federal judge saying i have no way of knowing the documents seized by the fbi, with a search warrant, that are march classified, and have been identified by the fbi and the Justice Department as classified actually are classified. That is the Alice In Wonderland that exists in that judges courtroom. That is flat Earth Society thinking in the federal judiciary, thanks to donald trump. Donald trump in his lawyers have presented absolutely no evidence whatsoever, not even suggestion of evidence, not the hint of evidence, to judge cannon, those documents are not classified. She just made that up. The department of justice as presented full and convincing evidence that those judge documents are classified, including a Fight Affidavit by the fbis Assistant Director for the counterintelligence Counterintelligence Division of the fbi. At the same time judge cannon said there is no reason for anyone to be worried about who has seen those classified documents in the year and a half the don trump had them in his possession. No need to worry about who dont trump might have show those documents to, or are who mightve obtain copies without donald trump even knowing. Nothing to worry about. In the year and a half of those documents being completely unprotected. Judge cannon says she does not see, quote, any identifiable emergency or imminent disclosure of Classified Information arising from plaintiffs allegedly unlawful retention of the seized property. That is precisely the objective of the Criminal Investigation and of the Intelligence Community review of the damage done by donald trump in this case. And if the government already knows about some very serious damage that could have been done by Donald Trumps handling and mishandling of those documents, that maybe a classified finding right now that they cannot disclose. Judge cannon is, in effect, saying she doesnt understand what is so important about keeping classified documents classified . Whats the big deal . And so she is ordering a Special Master to examine all of the classified documents and her order allows Donald Trumps lawyers none of whom have security clearances, none of whom have ever seen a classified document, to examine all of the classified documents. Judge cannon admits that her previous order barring use of the seized evidence and the Justice DepartmentCriminal Investigation went too far. In her new order she says that further elaboration is warranted. That is the phrase she used. And so she now says she only wants to prevent the Justice Department from, quote, for example, presenting the seas materials to a grand jury and using the content of the documents to conduct witness interviews as part of a Criminal Investigation. The order does not restrict the government from conducting investigations or bringing charges based on anything other than the actual content of the seized materials, from Questioning Witnesses in obtaining other information about the movement and storage of seized materials, including documents marked as classified, without the discussion of contents. Judge cannon says the Justice Department is allowed to brief congressional leaders with intelligence oversight responsibility on the season materials and that the fbi can now be in the vault involved in the Intelligence Community assessment. Judge cannon now says, quote, to the extent that such intelligence review becomes truly and necessarily inseparable from Criminal Investigation efforts concerning the content of the seized materials, september five does not enjoying the government from proceeding with its security assessments. The judge named, as expected, senior federal judge Raymond Dearie as the Special Master because he was the only person acceptable to both sides of the case. She gave judge dearie a deadline of November 30th to complete his work that has never been done before in the history of american jurisprudence. Nothing like it. Work that a Trump Appointed federal judge is ordering only because she believes that donald trump alone, among the 330 million of us, deserves special treatment. Not just a Special Master. But special treatment. In federal court. Leading off our discussion tonight is neil kathy anne o, former Attorney General and also wiseman, former fbi General Counsel former chief of the Criminal Division of the Eastern District of new york. He is professor of practice at nyu law school. They are both msnbc legal analysts and also with us is bradley moss, a National Security attorney with experience in classified documents cases. Andrew weissmann, let me begin with you. Im going to give each of you just an open mic to give us whatever you are thinking about what you have read tonight from this judge. Well, lawrence, there is so much to choose from. I am certainly going to believe a lot on the table for neil and brad, because there are so many outrageous and stupid, frankly, pieces of this decision. It is remarkable because you never thought that something worse than her last decision, and this actually topped it. But let me focus on something that i thought was particularly important, and then also go to something that is positive. One of the things i thought was a to us was that she comes right out and says, at the end of her decision, that she is giving extra weight to trump because he was the president. She just comes right out and says it. If anyone wants to see the end of the rule of law, it is, read the decision. If john locke famously said, where law ends, tyranny begins, you read this decision and what she said and she is admitting that the position that the persons person held is going to carry extra weight in terms of how he is treated in court. That is a violation of her oath as a judge, to treat everyone the same. I found that so shocking. I will leave it to neal and to brad, all sorts of other things but. Now we turn something positive, which you mentioned, which, is because she is also, frankly, i think, a chicken, she could be doing all this review herself if she is decided to have a Special Master. That is a big plus for the department here, because Raymond Dearie is a step up, a completely Different League than this judge. And so by her subcontracting out her own duties and actually, and i think she is thinking, let him be the fall guy, let him have the say that donald trump is wrong, because then her hands are somewhat clean. I think that is what is going on. Here its really disgraceful, but that is the way she is approaching her job. But from the department of justices Point Of View i think that there is a lot of hope that they should have, given judge dearies Track Records and common sense and integrity. Neil castillo, go. So, lawrence, youve heard of Oliver Winder homes, ruth bader ginsburg. This is like the Polar Opposite of them and we used to say the splitter sir Generals Office that some appeals right themselves. This is. One it is a terrible, terrible abuse of her legal system for reasons andrew just mentioned. It was also entirely unnecessary. The Justice Department gave this judge an opportunity to walk back her notsoearly opinion. Instead she chose to dig her heels in. Bill barr called this hala request for a Special Master a crock of sword, and while i thought that was kind of mean to crocs, this opinion is like a crock of crock of as words. The Justice Department gave her a lifeline and she just blew it off. I can tell, you this decision should be reversed within a week. The Justice Department gave her that sensible proposal saying look, theres 100 documents, he has no, trump has no plausible claim to ownership of these documents. They are obviously government documents. At least theyll point that. Out she has no real argument against that. So if im the Solicitor General i would go to the 11th Circuit Tonight or tomorrow, seek an Emergency Stay of this decision, and, i was always reluctant to seek Emergency Stays when i was in the Justice Department, but in rare circumstances you would. This is that circumstance. You stay this ruling about the hundred or so documents. You let the Criminal Investigation proceed. And then you appeal the entire ball of wax, which is crazy, just slightly less crazy than other parts of her decision. Let me just isolate one reason why i think this tragedy makes sense. There is a whole thing in a law about irreparable harm, which is, if this investigation goes forward, who is harmed . The Justice Department provided this affidavit that said the Master Ruling is going to endanger National Security, and she says, in her ruling tonight, well, i just dont see that, based on i guess, or sense of National Security. Let me say in a concrete way how this matters, before us Solicitor General i was of the Justice Department. Some of these documents are not documented with age the, as which is humans material, which means the someone who was a spy, maybe working in a Foreign Government, in the field, maybe in a Foreign Government spying for us. If youre that person the field you dont have any idea what whether those trumps that tremblant brought to his golf club or about you, and who got to see those documents. If youve got if youre that person youve got to be freaking out right now. What kind of intelligence do you think were going to be getting from that person in the interim, while we wait for the Special Master to reach his decision . And would we want to reassure Everyone Else in the field that, you know, look, these documents arent about you, theyre about something else. You dont have to worry. Wouldnt you want that assessment to happen right now . She just blows it off. Easy appeal, easy stay. Youve served of a defence criminal attorney, mr. Moss, in criminal defense cases. Part of the order that is curious to me is, when the judge orders that the Special Master will show all of the classified documents to Donald Trumps lawyers, none of them have ever seen a classified document. None of them have security clearances. How is that done in that situation . Yeah, so, theyre going to have to get security questions. They will have to go through the process which can be expedited, to be fair. Theyll have to fill outstanding form 86, it will get quickly run through, assuming no red flags show up. They will review and inspect the documents in a secure facility, in the presence of the Special Master so they wont be able to fake anything out, any notes they fake will have to be reviewed for the classification, and if they are declassified they will have to be in the Campaign City of the Special Master. This is the part that makes no sense to me when i am reading the Special Master order. What is the Special Master going to do with these marked documents with Classification Marks . Hes gonna look at the moneys going to say okay, i see top secret, sci, with hcs as, neil said, what do you want me to do with that . Thats proper classification marking. While donald trump can theoretically say is, well, i verbally declassified them. Lets assume, for the moment, he gets ash patel or whoever to submit a sworn statement saying i stood there wifi be the espionage act doesnt care. The two Obstruction Provisions do not care if the documents were still classified. They still have classification markings. He jerked doj around, as no other than bill barr said, and he didnt turn it over, and made his lawyers lie to the fbi. Whether or not he verbally or in his mind while playing golf, declassified these records, is ultimately going to be relevant, and i dont know if a Special Master supposed to say other than, these Classification Markeese are valid, and of discussion. Andrew weizmann, lets go to a hypothetical possibility with raymond j. Dearie. And that is, assuming there is no Appeal Process