Documents at his country club. It comes as trumps legal team picks up a significant win in court. And in uvalde, texas, there is a mix of anxiety and fear for students and staff today as they start a new school year. For some parents, promises of increased security arent enough to send their kids back to class. Good morning. And welcome to Way Too Early. On this tuesday, september 6th. Im jonathan lemire. Thanks for starting your day with us. A riveting new twist this morning, following the fbi search of former president Donald Trumps maralago home in florida. A federal judge has approved a request from trumps attorneys for a Special Master to review the material seized during last months search. Temporarily blocking parts of the justice departments investigation. U. S. District judge cannon, a trump appointee, stated in her ruling yesterday, that the Special Master should be able to review the seized documents to address questions of attorneyclient privilege, and to litigate claims of Executive Privilege. Judge cannon writing in part, in addition to being deprived of potentially significant personal documents, which alone creates a real harm, plaintiff faces an unquantifiable potential harm by way of improper disclosure of Sensitive Information to the public. Prior to the ruling, the d. O. J. Argued against a Special Master. Saying it would unnecessarily and significantly harm important governmental interests including National Security interests. Judge cannon rejected the justice departments arguments that trumps Special Master was file today late and it was frivolous and trump had no right to review, because he didnt own the documents in question that were seized. A d. O. J. Spokesman released this statement. The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation. At the same time, judge cannon allowed a National Security review of the records to continue, but temporarily blocked the government from reviewing and using them for its quote investigative purposes. So the order essentially puts a pause on the d. O. J. s investigation until the Special Masters rv has finished. No word yet on who the Special Master will be but judge cannon will be the one to make that appointment. She ordered the d. O. J. And trumps lawyers to send her a list by friday of potential candidates for the Special Master position, and suggestions for what powers the position would hold. Also yesterday, judge cannon did not immediately grant trumps request to get back more of his property more quickly. The former president did not respond directly to the news that his request for a special mast her been granted. But did discuss the case in several posts on his fledgling social media platform yesterday. Writing in part, this, remember, it takes courage and guts to fight a totally corrupt department of justice, and the fbi. They are being pushed to do the wrong things by many sinister and evil outside sources. Trump followed up that post by another one suggesting that the fbi and the investigation has something to do with the last president ial election. Im quoting here one last time. Now that the fbi and the d. O. J. Have been caught in a massive and determinative election rigging scam, are they going to change the results of the 2020 president ial election . They should. Okay. Joining us now, is msnbc legal analyst danny cevallos. Were always pleased when you get up early to start your day with us this morning. Lets start with this ruling by the judge, there were some real howlings of outrage by many in the Legal Community about, this and she may have overstepped her purview by this appointment. What was your take . Im surprised for three reasons. I thought she would deny the request, first, because trumps team got off to a bad start with their filings shall and their requests, and in addition, i thought the Standing Argument by the d. O. J. Was strong, basically that hey, trump is not the president anymore, these arent his documents, so this isnt even any of his business anyway and the judge dispensed with that argument and the trump team cited prior cases involving searches of attorneys offices and that is a very unique place. Our offices are sort of a clearinghouse, a collect of different clients privileged documents so for those reasons i thought the judge would deny. It but im frustrated with the judges order for this reason. Her discussion of the concerns about the governments taking which is starved by other members of the government, other u. S. Attorneys is all well and good, but that is not the way it works for regular folks who youve never heard of. This is special treatment for trump. Nowhere else could a regular guy with a regular Criminal Defense Attorney go in to court and say, hey, you know, someone executed a Search Warrant on my home, i would like a Special Master to go through all of these documents, it just doesnt happen. And thats evidence by the fact that both sides struggled to find cases that stood for this proposition where this had happened before, because it just doesnt happen very often. It happens in high profile cases. Not in regular cases involving regular citizens. And what do you make of her decision on the Executive Privilege part of this, when hes no longer that was a weaker argument, because after all, it is the Executive Branch seeking documents from a former head of the Executive Branch. So if anyone has a stronger Executive Privilege argument, its the now existing Executive Branch headed by a new executive, which is joe biden, so i thought that argument was strong for the government, and judge rather dispensed with it pretty quickly. The d. O. J. Has an ability to appeal, is that correct . Do we suspect that they will . And just assume they do, what sort of time line are we now looking at here . This is all really going to slow down. Here is what is interesting. Had this gone the other way you know the trump team would appeal. That is their signature move. Appeal everything up to the supreme court. But im not so sure that d. O. J. Will automatically appeal this. Number one, they dont want delay, and thats something an appeal could do. And number two, im not so sure d. O. J. Cared that much to begin with. Yes, this will delay their investigation, but ultimately, a Special Master, they reviewed all of the documents, and their team has reviewed all of the documents, dont tell me that the government hasnt reviewed the team, because the team is the government, it is just a walled off area of the government, so theyve gotten most of what they asked for, they did oppose this motion, but i dont believe in the end it really hurts the d. O. J. That much, except with this caveat that we are approaching an election, and this is a very unique situation and the d. O. J. Obviously has to be aware of their informal 60 day rule not to mess up an election with an indictment. And lastly, very briefly, how much of a delay now could we see . What is the time line for this investigation Going Forward . Its so hard to say. In federal court, things generally move pretty quickly but the parties still have to submit a proposed Special Master, and the judge has to look at those, appoint them, and remember, a special mast ser just one person, its not like the governments k team of a dozen different people. And even with assistants that persons eyes has to see every document, at least in theory. We appreciate the insight. Msnbc legal analyst danny cevallos. Thank you as always. One of the reasons that the former president has given for keeping classified documents at maralago is that they were bound for a future president ial library. Toward the end of trumps tenure, looking for a potential library in home and some said put the library in greenland and the president talked about buying. The president ial advise es say it is usually a little more than an afterthought for trump and it would signal his career in politics is dead. And those who spoke about a Library Earlier today saying he didnt seem to be terribly interested. He is more interested in being president again. Another confidante added this, president ial libraries are for expresident s. He is our next president. And also, saying trump should have given the records back and then asked for a loan of documents he wanted to exhibit as all past president s have done. Republican senator marco rubio is downplaying the fbi search. Listen to what he said in an interview with nbcs affiliate in miami on sunday. This is really at its core a Storage Argument that theyre making, right . Theyre arguing there are documents there, they dont deny they have access to the documents, they deny they were not properly stored. I dont think the fight over storage of documents is worthy of what theyve done. Compare that to what rubio said concerning Hillary Clintons handling of classified information, in july of 2016, he released a Statement Saying in part there is simply no excuse for Hillary Clintons decision to set up a homecooked email system which left sensitive and classified National Security information vulnerable to theft and exploitation by americas enemies. He added that Hillary Clintons actions have sent the worst message to the millions of hardworking federal employees who hold Security Clearances rand expected to go to Great Lengths to secure sensitive Government Information and abide by the rules. They dont take their ogees lightly. And we shouldnt expect any less of their leaders. So for you folks, it might be a little hypocritical. The war in ukraine, rush is buying millions of Artillery Shells and rockets from north korea for its ongoing invasion. Thats according to a newly declassified u. S. Intelligence report First Published by the times late yesterday. The u. S. Government officials tell the paper that russias decision to turn to north korea was a sign of its sanctions of Export Controls imposed by the u. S. And europe were hurting moscows ability to obtain supplies for its army. The disclosure came days after moscow received shipments of iranian drones and the u. S. Officials said had problems. And u. S. Intelligence officials believe that russia could look to purchase additional equipment from north korea in the future. Nbc news has not independently confirmed the reporting. Russian forces have renewed intense shelling in europes Largest Nuclear plant a fire forced the staff to sever the plants last connection to a reserve line that was providing its only source of outside power. According to reports, Firefighting Crews struggled to reach the site because of continued fighting around the plant. Nearby shelling and explosions are raising fears about a possible nuclear disaster. This comes as u. N. Inspectors are expected to give a full report as soon as today on their efforts to avert potential and catastrophic disaster. Still ahead here on Way Too Early, were going to take a look at what President Biden had to say during his two labor day stops in a pair of Battle Ground states. Plus, the very latest on a Mass Stabbing Attack in canada. This morning, police are still searching for one of the suspects. Those stories and a check of the weather when we come right back. Not flossing well . Then add the whoa of listerine to your routine. New science shows it gets in between teeth to destroy 5x more plaque above the gumline than floss. For a cleaner, healthier mouth. Listerine. Feel the whoa time. Its lifes most precious commodity, especially when you have metastatic breast cancer. When your time is threatened, its hard to invest in your future. Until now. Kisqali is helping women live longer than ever before when taken with an Aromatase Inhibitor or fulvestrant. In hr , her2 metastatic breast cancer. Kisqali is a pill thats proven to delay disease progression. Kisqali can cause lung problems, or an abnormal heartbeat, which can lead to death. It can cause serious skin reactions, liver problems, and low white blood cell counts that may result in severe infections. Tell your doctor right away if you have new or worsening symptoms, including breathing problems, cough, chest pain. A change in your heartbeat, dizziness, yellowing of the skin or eyes, dark urine, tiredness, loss of appetite, abdomen pain, bleeding, bruising, fever, chills, or other symptoms of an infection, a severe or worsening rash, are or plan to become pregnant, or breastfeeding. Avoid grapefruit during treatment. Your future is ahead of you, so its time to make the most of it with kisqali. Because when you invest in yourself, everyone gets the best of you. Today, my friend, you did it. You did it. Today, you took centrum and took one more step towards taking charge of your health. Centrum gives you 100 of the daily value of key nutrients. So every day, you can say, you did it with centrum it will be an emotional and difficult day in uvalde, texas. Public schools open for the First Time Since the may massacre that killed 19 students and two teachers. The students and staff who were were at Rob Elementary have been reassigned to three other campuses. After the district decided to demolish the school. Several parents had pulled their children from the district enrolling them in a private school. Dozens of others have opted for Virtual Learning to start the school year. It was a nobrainer. When he told me that he was scared, and he felt like he was not going to be protected by the police officers, he said that they werent going to be brave enough, i couldnt argue with him. The state says that there will be nearly three dozen troopers assigned to the uvalde campuses. However, parents told the Associated Press that the extra security doesnt give them comfort. Since there were more than 90 State Troopers on the scene during the attack. The a. P. Also reports that parts of the new fencing around the campuses is not there. One of the two men suspected in a Stabbing Spree that killed ten people has been found dead. Investigators say that Damian Sanderson and his brother miles stabbed 28 people in an Indigenous Community in saskatchewan On Sunday Killing at least ten and injuring 18 others. Yesterday police say they found damians body in a Grass Ry Area near a house they were searching, appearing that it does not appear his injuries were selfinflicted. Miles remains at large, as the massive manhunt continues. Investigators also say he may be injured and can try to seek medical help. Police have not determined a motive but say it appears that some victims were chosen at random, while others were specifically targeted. Elsewhere, mississippis capital is one step closer to restoring water service. Officials in the city of jackson on sunday announced that Water Pressure has returned to normal for most of the citys customers one week after the citys main water main failed. Officials say it is too early to say when reliable Drinking Water will be restored. In the meantime, the capitals Boil Water Notice will continue, until the city reports two rounds of clear water samples. Still ahead, its the first day on the job for britains new Prime Minister. Well get some insight on liz truss and the challenges ahead of her. Plus, why some democrats are still treading lightly when it comes to President Biden despite his recent impressive winning streak. Way too early will be right back. Psst psst. [sfx monster roaring and people screaming] allergies dont have to be scary. Flonase sensimist stops your body from overreacting to allergens with a nondrowsy, ultralightweight mist. Psst psst. Flonase. All good woman tc my a1c stayed here, it needed to be here. Doctor tc rubys a1c is down wwith rybelsus®. Y, ultralightweight mist. Man tc my a1c wasnt at goal, now im down with rybelsus®. Son tc moms a1c is down with rybelsus®. Song a1c down with rybelsus® anncr vo in a clinical study, oncedaily rybelsus® significantly lowered a1c better than the leading branded pill. Anncr vo rybelsus® isnt for people with type 1 diabetes. Anncr vo dont take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple Endocrine Neoplasia Syndrome type 2, or if allergic to it