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for hallie jackson. we ll start with the affidavit news. joining me justice and intelligence correspondent ken dilanian and former fbi general counsel senior member of the mueller team and an msnbc legal analyst andrew wisen. thanks for being with us. ken, let s start with what judge is doing. the judge has that redacted version from the doj of the affidavit. what are some scenarios of what could play out next? good afternoon, lindsey. well one scenario is that the justice department convinces the judge that so much of this affidavit needs to be redacted, that there s no point in releasing it. if a judge agrees with that, and he raised that possibility in his written ruling that we could end up here with is meaningless gibberish, if he concludes that he may decide there s no point in releasing it. the second possibility, a judge disagrees with some of the proposed redactions from the justice department and in that case he said he would allow them to appeal but it woul ....
Tailored to serve the integrity of the ongoing investigation. we ve been talking about the three scenarios all day. looks like a scenario where the judge and justice department agree on a set of proposed redactions and that they ve decided that some part of this can be released is the scenario that is coming to pass. we re all still reading it as well. andrew, want to ask you some of the same questions we just asked you at the top of the hour, just a mere 40 minutes ago and how things might change now with this order to unseal. what we might be able to clean from this affidavit by noon tomorrow? so i agree with tom. i mean, it really looks like the that we re going to get something. depending on what it is, there are two sides to this debate, and so either of them can appeal to the district judge. remember this is being decided by a magistrate judge who is sort of a lesser judge, who can ....
Wouldn t be an appeal to the district judge, even because i think it s probably not the kind of thing that a district judge is going to want to second-guess here. and then that s really it. i think all eyes are going to turn to what goes on in the criminal investigation and what happens with the former president s civil suit, which is right now at least for now, in front of a different judge in florida. so andrew, obviously this group lives and breathes this all day every day since this has happened. the nuances and every last development, but for the average person who maybe isn t following this court filing and that court filing, can you boil it down for us what the average person might learn or glean from this affidavit when we do, in fact, get eyes on it? yeah. that s a good question. so, you know, i think one question that people have is, what was the proof? ....
Trump side about the extent to which there were classified documents after they were assured there were not. those are the scenarios and now we wait. andrew, i m going to highlight a keyword ken said, meaningful. most experts, including yourself, don t think a lot of meaningful material is going to come from this affidavit. it s going to be a lot of black marker. so what does that mean in terms of the next steps legally after this? first it was the search warrant, right. then it was the property receipt and now the affidavit? so i agree with ken in terms of sort of the goldilocks possibilities here, and i also agree that it s extremely unlikely that we re going to get anything that has to do with classified information that is really dealing with the ongoing criminal case, but i do agree with ken that most hopeful possibility for people who want disclosure is the sort of back and forth that led to why the ....
What s going to happen with that because the judge, the day after that was filed, basically said, i can t even tell what you re asking for. i don t know why this is in front of me and not in front of magistrate judge rhinehart deciding the affidavit issue. i don t know if you ve served the papers properly. it was an insulting set of questions for lawyers to get the day after they filed. but that s sort of the other area where there will be some sort of ongoing litigation by the former president. but basically, i think in terms of our getting more information, it s sort of this is the sort of the whole ball game in front of judge reinhart, at least for the moment. we know the doj has come under a lot of scrutiny for the search from people who might claim this is politically motivated, but andrew, doesn t the doj care more about preserving its investigation over trying to quell any of those criticisms? ....