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tv   Anderson Cooper 360  CNN  August 31, 2022 5:00pm-6:00pm PDT

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all right. breaking news. we have just obtained the trump legal team's response to the justice department's filing. it is 19 pages. "ac 360" with john berman will bring you that right now. all right. as you just heard, the former president's legal team has just had its say after the justice department says a mouthful about classified documents at mar-a-lago. john berman here in for anderson. seconds ago, lawyers for the former president took the next step in an effort to force independent review of materials taken from his florida message. their court filing caps a day of reaction to a justice department filing and the picture, this one, in attachment f. it shows highly classified documents that the fbi says it found, despite written assurance two months prior, according to doj, that none demained there.
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cnn has learned that christina bobb was at least one of the people giving those assurances, even signing a letter saying so. the doj filing goes on to say the documents were, quote, likely concealed and remove frd a storage room at mar-a-lago as an effort to, quote, obstruct, unquote, the fbi investigation. it says that some recovered items were so classified that even some fbi counterintelligence personnel and others needed additional security clearances to review them. so, that's for the doj filing. now, again, just seconds ago, we got the trump team's reply. cnn's sara murray and josh campbell join us now with a look at what's in it. >> that's right. we are just starting to look through this. essentially what the trump team is focused on is this argument about this special master and whether there should be another outside party who is reviewing the documents that the fbi seized when they searched mar-a-lago in august. and it is very clear in this
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filing that the trump team is trying to cast themselves as looking for more transparency, more oversight, particularly when it comes to the justice department. they're saying in this filing that the justice department is suggesting that they and they alone should be entrusted with evaluating what they call the unjustified pursuit of criminalizing a former president's possession of personal and presidential records in a secure setting. they're also saying that the former president had a reasonable expectation of privacy in his own home. and that is one of the reasons they are contesting the search on the premises. of course, the justice department n their filing that we received yesterday, argued these documents that the former president had at his home in mar-a-lago, they weren't his documents to have there in the first place. so, like i said, we're still digging through this filing. but it is very clear that this is, you know, a trump team and trump lawyers who are still pushing for more oversight of the justice department when it comes to this. >> josh campbell with us as well. josh, you've just gotten your first look at it.
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what are you seeing? >> yeah, i mean, as expected the president is taking exception to this fbi search at his property. just to remind our viewers, this was approved by an independent judge outside the executive branch. but the president and his lawyers describing that search as, quote, rummaging through mar-a-lago. obviously focused on this issue of presidential privilege. again, we're still looking through the document. one of the key items seems to be the former president taking exception to the justice department going after using the so-called espionage act to investigate the former president. and he himself claiming this executive privilege that would have allowed him to have information that the fbi could not look at. so, we expected this to come up. i think one thing we have to remind people about is this is a response to the doj's filing. this whole issue centers around whether an independent party, the so-called special master, an outside entity, should be able to essentially look at the fbi's
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records before they were used in any type of prosecution. so, it will be up to a federal judge whether she is actually convinced to make that ultimate decision. but the former president here taking issue with this fbi search, saying that obviously, executive privilege is something that he thinks is paramount here. and also saying, you know, that -- basically criticizing the fbi itself and the department of justice unilaterally determining what should be considered in this prosecution, potentially, and what should not, the so-called filter team. again, this is not unexpected. we'll have to wait and see whether this convinces this federal judge. >> josh, stand by for a second. we have a lot of eyeballs going through this right now. let's get to kaitlan collins, who is looking as well. kaitlan, what are you seeing? >> reporter: i will say, we're just starting to read through this. obviously it's about 19 pages we've now gotten from the trump team here in this filing. they waited. the deadline was 8:00 and it was right about 8:00 when they filed this. right off the bat, they are still asserting that they want a
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special master. that is that third party attorney, someone, typically maub a retired judge. that is going to be the situation at hand tomorrow when trump's legal team is in court, including the new attorney they just added, the former solicitor general of florida, someone they've been seeking to have florida experience on their case, given so much of this of course is happening in florida where his home is and where this search happened. they still want that special master master. and basically the argument that the justice department is making in its filing last night is that one is not necessary because they said the trump team waited two weeks to formally ask for one. so, they had already gone through all of the materials they took from mar-a-lago, and they set aside what they believed could potentially fall under attorney/client privilege. trump's team is arguing they still want one. they're saying one is not unnecessary because review is complete and pushing back on the doj's assertion that the trump team does not have a right in this situation to have a special
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master because they've already gone through those documents. so, making very clear they are still seeking that. they still hope to get that tomorrow. of course whether or not they do reems. >> she said she was inclined to grant the special master. but that hearing is at 1:00 tomorrow. sara murray, if you're still with us, i want to read you something on page two. movement at this time does not address every misleading or statement of purported fact made by the government in its response in page 3-14. however, movement will simply highlight that one specific event, the june 3, 2022, meeting has been mischaracter rised in the government response. -- then they misled the magistrate judge. tell us more about what meeting they're talking about and why that's important. >> right. you know, this is interesting because when we got the justice department filing, it was
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obviously a clear narrative of events. and one of the things that they talked about was this june 3rd meeting where they were invited to mar-a-lago to pick up documents that were responsible to a subpoena. and in this meeting, the trump team hands over an accordion folder of documents. they say all of the documents that had classified documents were in this storage room. this is what they found. they did this diligent search of the property. and a trump representative, christina bobb, cnn is told, signs this attestation, saying we've done the search. we're handing over all the documents, so all the documents with classified markings. they also said, the justice department, that they were not allowed to go into the storage room where the classified material was supposedly being held at mar-a-lago and search through other boxes to see if any other documents or classified markings had been left behind. so, what the trump team is
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saying in this filing is, look, we are not going to go point by point and try to refute every fact. but we do take serious issue with what happened in that june 3rd meeting. they don't explain what factual issues they think this presented. but they are saying, look, if this is the basis for the search warrant, this is the problem. >> doj said it tried to get into the boxes. they were not allowed to look in the boxes. the trump team in this filing saying it did not happen in that way, although they are not saying how it happened. sara, keep reading. i want to go back to josh campbell now to talk about the photo that was an apen desk to the doj filing. now we understand donald trump is taking issue with this. >> again, this is not expected. this very visual depiction of these classified documents that were allegedly found there. you see them on your screen. this was an fbi evidence photo that was taken that was released as part of the justice department's filing. the former president, his attorneys really blasting the release of that photo, calling
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it a gratuitous release of allegedly classified information. trump goes on to say, those documents were pulled from a container and spread across the floor for dramatic effect. as a former fbi agent, it really raises the question of who the president's audience is here. this is a federal judge who will ultimately make this decision. a federal judge is someone who reviews this type of material on a daily basis, looks at af affidavits, looks at the pictures you're seeing on the screen, evidence taken by fbi analysts. they know this is standard operating procedure. you can see the ruler at the bottom of that photo. this is what evidence photos look like. however, what the president is claiming is that this was, in effect, overreach by the government to release, in his words, this gratuitous picture showing documents strewn about. this also turns on its head the claim we've seen or heard from the president's government that the fbi planted evidence.
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trump says the documents were, quote, pulled from a container and spread across the floor for dramatic plant. how could they bring evidence and plant it while at the same time pulling it out of one of donald trump's containers. >> by saying they were taken from the container action that's different than what some people had been saying that they were planted. this is the type thing that some people pointed out, donald trump may be talking himself, they say, into more trouble as this continues. all right. we're going to let everyone keep on reading here. they will bring us more details as they find them. i want to bring in cnn law enforcement analyst, the deputy director andrew mccabe. also shan wu. shan, you've been sitting next to me reading as i've been talking. what jumps out to you? s jumps out to me that it's pretty light on the legal citation and legal analysis. and i think they were overwhelmed by the strength of the justice department's filing. they are reiterating a couple of points. they see the danger in the
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justice department's argument that trump has no standing to ask this special master. so, they're trying to lean back into that, saying that, of course, he has a privacy interest in his residence, and they have to kind of gloss over the fact that he may not have any property rights in the materials. >> based on what you can tell, is this more about the special master argument, or is this more about responding to the other new factual details that doj laid out yesterday? >> this is a reiteration leaning into the special master argument. and it's a broad point. towards the end, they contest what responsibilities the special master have. they want the special master to have very broad power here because they really want him to oversee the criminal investigation. >> all right. andrew mccabe, i want to bring you into this now. i'm going to read another portion of this. quote, the purported justification for the initiation of this criminal probe was the alleged discovery of sensitive
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information contained within the 15 boxes of presidential records. but this discovery was to be fully anticipated given the nature of presidential records. simply put, the notion that presidential records will contain sensitive information should have never been cause for alarm, end quote. what do you make of that? >> john, it's all over the map. it's all over the place here. that one quote that you just read -- i mean, i really stumbled. i read it two or three times the first time through it because i couldn't believe what they're saying. they're basically conceding that, yeah, of course we had a lot of supersensitive -- they're not saying classified specifically. but we had sensitive information here. it's his presidential records and they're in his house. and of course there would be sensitive stuff in there as well. but they're glossing over the point that it's actually not his records. he doesn't have a property interest in presidential records. he admits they're presidential records. this is also not good for him. but ignores the presidential
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records act, which says quite clearly that all presidential records are to be in the custody of the national archives. so, it's almost kind of hard to read. it's really -- it's a bit hysterical. it's a very kind of emotionally drafted. and it kind of jumps all over the place. i do think they're trying to attack the validity of the search warrant in a sort of roundabout way, knowing, i'm sure, as they do, that attacking the search warrant is not something you would do in front of a different federal judge in front of a courthouse. there is a time that a target of investigation, once they're charged they have the opportunity to attack the search warrant. they're trying to do that here in a roundabout way that doesn't seem particularly effective to me. but that seems to be what they're doing. >> and a reminder, the hearing from which this filing is intended tomorrow is about the special master. it's not about the search
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warrant exactly, per se. all right, andy, stand by for a second. i want to go back to kaitlan collins who has been reading more. what are you seeing now, kaitlan? >> john, there's a notable part in here where they're talking about -- basically they're contesting the idea that the justice department is acting fairly here. and what they're pointing to really going back to is the search of trump's home, saying that the justice department is saying they're moving in a fair-minded and ethical way. and they're saying the search warrant executed at his home in the midst of a former give and take between former president and archives and with the movement, literally allows doj lawyers and fbi investigators to come to his home and provide security advice. that is one spin on the june 3rd meeting because of course we know that -- we now know that those investigators went there. they wanted to get the rest of these documents. as they said in their filing last night, when the counsel
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showed them the room where the documents are being kept, they said trump's counsel prohibited them from being able to look in the book, to open them, to see if there was anything marked classified in those documents. that's also with a trump attorney signed that letter saying there was no more classified information to the best of her knowledge still at mar-a-lago. obviously the search in august proved that was not the case, that there was a lot of classified information there. the way they're framing this saying that there was this cooperation, this relationship happening between the two, differing from what the justice department is saying when they are saying, we had a subpoena. we asked for the stuff repeatedly. they declined to turn it over. they said there was no more classified information there. we went there with the search warrant with probable cause that there was more classified information there and found that there was. >> yeah, again, they had a court-approved subpoena and a court-approved search warrant also where the judge agreed they had probable cause to go looking
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for these documents gove. go get it, kaitlan. stand by. josh campbell, back to you. the trump team is arguing they should be able to reaccess, get back some of the documents that were seized. >> yeah, this is exactly in line with what shannon was describing, that this appears to be a broad request the trump team is making. it's notable here because in this filing in the court, what basically the trump team is asking is that this special master, if he or she is assigned to this case, the trump team wants that person as well as trump's own lawyers to get a copy of the seized materials, to essentially regain access to information, which could include highly sensitive top secret information. of course, as a former president, there's no longer a need to noe, and certainly the president wouldn't maintain that type of information. interestingly, the trump team is also asking for an unredacted copy of that search warrant
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affidavit. we know the justice department had released a redacted copy, which we were able to see which itself was still chock full of incredibly interesting details. but the problem there, every investigator knows, is that these types of affidavits include information about witnesses, people who are helping the government, of which there are many, according to the justice department. so, you can imagine a world where if this were to be approved, this request, you're now going to turn over the to trump team the name of confidential witnesses who are helping the federal investigators with their case. i don't see that happening, but again you have to understand that this is the -- the audience for this is a federal judge. and certainly that person would understand how sensitive this information is, particularly the in an investigation that is ongoing, john. >> shan withu, how unusual woult be to turn over the target of an investigation an affidavit. this is in one of the previous filings what the judge magistrate and doj said they were worried about, giving a
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roadmap to the possible defense. and on the point of giving back documents that the special master deems a privilege, this gets into legal twilight here. if someone does deem there should be a special master for executive privilege, those documents were not owned, in theory, by donald j. trump. they're owned by the u.s. government. so, wouldn't that be where they'd go back to? >> twilight zone is exactly the right analogy here. what if there's disagreement between the special master and what the fbi special team is looking at. who's going to decide that? that's the whole problem with request here is it creates the opportunity for the judge to mettle in the investigation. the law here is completely convoluted. i'm just looking at one section where they're trying to attack the search warrant itself, where they say we're not attacking that here, yet they are. you would flunk first year law school if you tried to talk about that. they're trying to say that
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because a property owner has the right of privacy in their residence that they can object now. they're saying, oh, but, so what there was a search warrant for illegal proceeds, meaning the documents. if that's the case, then any time a property owner has illegal proceeds, somebody could search their home. that's exactly right. that's why you have a judge determine if it's probable cause to search his home. it's a terrible analysis. >> everybody stand by. we're going to take a break here and continue to put on your reading glasses and go through this filing. our panel joins us, and we'll be joined by two former justice department officials. and later find out when a 2020 election denier becomes a 2022 election official with more election deniers on the ballot. the story tonight is one in nevada county, which a critic there is calling a five alarm fire for everyone who cares about democracy. pressure, pressusure? pressure, pressure. so where do you think this pressure's coming g from? everyone.
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we're talking tonight about the court filing just moments ago by the former president's legal team that answers a broad side from the justice department over the search at mar-a-lago. and it sets the stage for a high stakes court hearing on the subject tomorrow. our team, we've all, been going through the filing. we're back with everyone now, starting with sara murray, who's just seen something on page 17 here. sara, what do you think is important? >> the trump is laying out their stakes in the closing of this document and how they believe the justice department has overreached. they say a search warrant has been executed at the home of a president. it was conducted in the midst of this standard give and take between former presidents and the archive regarding presidential library contents and literally allowing doj lawyers and fbi investigators to come into his home and provide security advice. it goes on to say the government gratuitously included that photo, and says the government
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pretends these are not historically important moments. this is how the trump team is trying to set the stakes, as we go into this hearing tomorrow. of course it is important to remember that the government got this search warrant. it was authorized by a judge, and there was a whole lot of give and take, it appears, between the trump team and the justice department. it was not necessarily as cooperative as the trump folks are trying to lay out as far as the justice department is concerned. >> let's bring in andrew mccabe into this discussion, former deputy director of the fbi. sara is pointing out in the conclusion of the fbi filing, what do you make of that allegation? >> yeah, john, look, i think josh campbell hit the nail on the head earlier. the question as you read more and more is, who is the audience here? a lot of this filing reads more about fanning the flames of look how horrible the fbi is, look what an offense they committed by searching a former president's residence, and
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recasting the narrative that doj very clearly laid out in their previous filing about that give and take that led to the search warrant. so, i don't think those arguments are going to have much impact on the judge, but they have proven to be very effective in activating the president's base, generating additional fundraising opportunities, and really kind of turning up the volume on the outrage factor. i would expect that president trump likes that part of the brief the best. i'm just not sure that it's going to have a lot of legal weight. >> and, again, because what the judge is deciding tomorrow is whether or not there should be a special master to decide matters of attorney/client privilege and also possibly executive privilege. andy, stand by. i want to bring back kaitlan collins here. and i want to read more of the filing, this time from page 3. quote, rather as contemplated under the pra -- which i should point out is the presidential records act -- nara should have
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simply followed up with the good faith effort to secure the recovery of the presidential records. good faith effort. didn't -- didn't they do that? didn't this go on for a year and a half? >> it went on for an incredibly long time, so much to the fact that it went to the national archives repeatedly asking trump and his team to turn this information over. when they realized there was classified material in there and they referred to the justice department, then we entered the subpoena territory. that is where you saw these letters coming from the justice department to trump's legal team. they had subpoenas. they had these court approved documents trying to get access to these materials. this isn't just because they were asking nicely and not getting what they wanted. that line stuck out to me as well john because the way that the trump team has been framing this is that they were having this cooperative relationship. they were all operating in good faith, and they were caught off guard by the search warrant executed at trump's home. this is not what the justice department is saying. they are saying that there were
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subpoenas here, that they were not getting all the classified information even though there were trump attorneys signing documents say there was no more classified information left at mar-a-lago, they are saying they are still not getting all the classified information left at mar-a-lago. that stuck out to me as well because they are arguing that what the justice department said last night is that based on what was obtained by the justice department, by these fbi agents in that search warrant that was executed on his property, was to show that the statement that a trump attorney signed was far from the truth at best and that they were concerned. and that was where they were kind of going down the road of potentially there was obstruction here. and they were trying to get in the way of the justice department's investigation here. i will note that the trump team is still asking for a special master. what they're suggesting if they get one, john, in addition to what josh was saying, was that they want a copy of the affidavit -- which i should remind people is the document behind what justified this search warrant -- that could
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have witness' names on there. and the justice department has said they want that sealed because they don't want that part being public. they don't want the names of the witnesses in their investigation becoming public and allowing trump to interfere with it. they made that clear in their filings. they said they would propose a list of candidates to be special master by next sunday. that goes back to the argument the trump team just wants the special master, the third party attorney, to look over what was taken from mar-a-lago to potentially slow this case down. >> shan wu, on the case of special master, they're not unheard on issues dealing with attorney/client privilege here. and the justice department said that their own team as it were has identified some areas, some documents, which would be turned over. is there a case independent of all the rhetoric back and forth? does the trump team make any cogent case here that a special master could be useful? >> no. there are some arguments -- i
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don't want to guf him arguments. but they could lean into the exceptional nature of this. they recognize that special masters are usually used only in the attorney/client privilege reviewpoint. they're still trying to push the boundary here to get executive privilege. they preference the archivist procedures here, that they give some deference to a former president. they even say that executive privilege really benefits the united states and somehow they want to bootstrap that into trump having power over when to assert it here, even though he's no longer in office. this is part of their expansion theory. they really want to expand as much as possible the role of the special master because whether that special master does a good job or not, it's still going to slow things down by keeping them the same. >> all right, everyone, again, stand by. keep reading. kaitlan collins, sara murray,
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josh campbell. we're going to take another break. we'll be right back. ♪ ♪ the thing that's different about a vrbo vacation home. you always have the whole place to yourself. no stranger at the dinner table making things awkward. or in another room taking up space. it's just you and your people. because why would you ever share your vacation home with someone you wouldn't share your vacation with. ♪ ♪ ♪ ♪ ♪
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back with our panel talking about tonight's filing from the former president's legal team. and from andrew mccabe, i want to read a portion from page seven now referring to the government's claim that the court should not have a special master because it interferes with the document review process. this is the quote.
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the government appears to argue simultaneously the special master is unnecessary because the review is complete and that a special master is inappropriate because such an appointment would interfere with the review process. given that the government has completed its review, the urgent interest it asserts here should not preclude the court from exercises its equitable jurisdiction. andy mccabe, your answer to that? >> well, they're conflating the review of the search materials, which apparently has already been conducted, with the intelligence community's damage assessment review. so, the doj was very clear about the fact that any delay could cause significant harm in slowing down the intelligence community's ability to figure out how much damage has been done to sources and methods as a result of this improper storage. but that is just very emblematic of the way they're trying to attack this thing with death by 1,000 cuts. there's a long section, john, from page 9-13 in which they
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really go after the government's filter team, right? that process that was laid out in the search warrant affidavit, in which they say all of the material taken from the 45 office would be reviewed for attorney/client privilege. they've done that, they've come up with materials, and they're looking to the court for guidance. they're trying to pose this as, oh, the doj is afraid of a special master because they don't want oversight of what they've taken from mar-a-lago, which is, of course, not really how this works. but also there's all kinds of claims about, you know, no effort was made by the magistrate judge or the government to communicate with movement after the execution of the search warrant. so, they're complaining that, oh, you found privileged materials and you didn't tell us about it. it's important to remember, none of that is required of the government. the government has a search warrant. they go into that location. they take materials that are consistent with the four corners of the warrant.
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they find privileged materials to go to the court for guidance. they don't go back, in this case, to the trump team. this is a criminal investigation. >> kaitlan collins, i want to go back to you now again with more from page 3 of this. and here's the quote. rather as contemplated under the pra, which is the presidential records act, nara, is the national archives, should simply follow up -- oh, we've already done this -- in a good faith effort. we've established that is something the fbi and doj says they did. let me ask you something separate. there's something which isn't here. what isn't here in this filing? >> an argument about the declassification of these documents, which, of course, is what the former president's team and his allies on cable news have been arguing, that he declassified all the documents he took with him. but that photo that he is
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complaining about that was included in the justice department's filing last night, it was a notable photo just because it sought to really show case in an image what was taken from mar-a-lago, what was kept at mar-a-lago, despite these efforts to get it back. but also none of the documents in the photos say the word declassified on the front of them. the word declassified is not appearing in this filing we're getting from trump's team tonight. maybe they'll use it in court when they're talking about trying to get the special master. we don't see it so far. going back to the efforts that they're describing here, in one part of this, they're describing the enforcement of the grand jury subpoena by the justice department as trump allowing investigators to come to his home and provide security advice. that was after that june 3rd meeting, where jay brad, who is the top justice department official, went to mar-a-lago, met with attorneys, went to the storage room where boxes of documents were being held. they, according to the justice
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department, were not allowed to look inside these boxes. they said they were explicitly prohibited from doing so. but they also followed up, asking trump's attorneys in a letter to further secure the room. they did not explicitly say, put a padlock on the door. but they said, until you hear from us again, until further notice, further secure the room. because they were worried about who could get access to that room. trump's team took that as a directive to put a padlock on his door. coming to his home and providing security advice, which is how trump's team is describing that june 3rd meeting, is not the same as them following up on a grand jury subpoena that had been issued to trump's team back in may where they were asking the return of any documents bearing classification markings. you just see how distorted the two events here are of the simple meeting where a grand jury subpoena had been issued to go and get these documents and how trump's team is framing it in this filing. >> so, josh champbell, one of
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kaitlan's points there, doesn't appear to be any reference to declassification of the documents, which is a claim the trump team has made in public, not in any legal filing. by the way, the department of justice, for its part, hasn't required. you also noticed something else not in this document. >> that's right. the bluster. we're not seeing what we're seeing on the former president's social media, where he's blasting the fbi, talking about them busting down his doors and cracking open his safe, calling them crooks, calling them criminals. you don't see any of that in there. the audience here is a u.s. federal judge. that type of bluster would not fit in a courtroom. that would not fly in a courtroom. but that is interesting to note. it appears to be two different lines here. obviously the former president is a proficient public relations practitioner. but this appears to be more measured. we do see him taking exception to this ongoing intelligence
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community review. they're going back and looking at those classified records in order to try to determine what damage might have been caused to u.s. national security if they got in the hands of someone who did not have a need to know, the oformer president saying he reserves the right to object to that ongoing review. of course it's important to note that as the former president, he no longer has the power to oversee classification. that rests with the current president. if i could point out one other thing. we're talking tactically about what we're seeing in this document. one overarching strategy we're seeing, john, is the former president is trying to convince this judge that it's essentially a normalization of his actions here to keep classified information, a former president, in his residence. in fact, in this document -- this is pretty stunning. we'll see if this flies with the judge. but he talks about his ongoing discussions with the national archives, for example, as a standard give and take, saying it is not surprising that a former president would have sensitive information. yet he criticizes the inforarchives,
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saying they rushed to open a criminal investigation. it's worth noting they don't open criminal investigations. they referred it to the fbi, which opened the investigation. he's saying it should have never been cause for alarm. so, he's basically saying, look, this is to be expected. of course, if you go back to look at history whether it's a republican president or democrat president, we've never seen a former president maintain top secret information like this. >> nothing quite like this. josh campbell, andrew mccabe, shan wu, kaitlan collins, sara murray, thank you all, quite a night. next, what the administrations make of what we've been seeing in real time when ""360"" continues. neuriva plusus is a multitasker supporting 6 key indicators of brain health.h. to help keep me shararp. neuriva: think bigger.
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all right. we have been discovering piece by piece what is in the former president's latest court filing, as his legal team seeks a court ordered independent review of documents taken in the search of mar-a-lago. what we haven't found in it, at least not in our early reading in it, is the trump team addressing the justice department's points about evidence of obstruction of justice. joining us, two deputy assistant attorneys general john wu, who currently teaches at uc berkeley, and harry lipman. how unusual or odd is it that the trump team doesn't address
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the issue of obstruction here? >> everything about the filing is odd. it is flailing and deeply, deeply muddled. the cases, what few cases it advances, have really nothing to do with the situation. the special master arguments are all about attorney/client privilege. but they try pretty column zily to align them in an executive privilege situation. this happens in general in trump land when you get to court and you lie, you can be subject to sanction. so, that, i think, explains the slightly muted quality. there's nothing new compared to what they've said before. but it's just repackaged in pretty confusing fashion. >> john, i want to give you a chance to respond to what harry just said. >> i think that the standard for granting a special motion is just exceptional circumstances.
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and the back and forth between the government here involving the first ever non-consensual surprise search warrant search of a former president, the allegation that a former president for the first time may have concealed evidence of a crime and may have committed a crime at their home, that meets special circumstances that justifies the grant of a special master. the document we have before us, i agree with harry. president trump's response is confused. it's strange. it doesn't really get right to the point. i have the feeling what they're trying to do is kick the can down the road. by getting a special master, you're delaying a lot of the consideration. the thing that's missing is any response to the photographs and to the allegation that 100 sets of classified documents are found, which is really a startling claim by the government. you would have thought trump would have responded to it here. >> it really isn't a direct
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response to so much of the information that was part of the doj filing. it has its argument on a special master. and to that point, john, let me read you one more part of this. in its haste to avoid judicial oversight, the government has not only completed review of attorney/client privilege materials, but the investigative team has fully reviewed the remaining documents. do you think that is something the judge might accept? >> yes because i think -- maybe i'm misreading, but i think what is going on is they're saying please -- the executive privilege issues are actually complicated and first of their kind. and also there is suggestion over and over again that the original search warrant was too broad. it was too aggressive. there could have been negotiation, accommodation that could have worked out. those are all just -- this judge
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is so complicated. put somebody's who's got experience, a retired judge, someone -- maybe a former national security officer who has clearance to see these documents. kick the can down the road. that will give the trump team time, i think. i think this document shows they didn't have time to really confront and grapple with what the government has put forward in a very stunning, stunning filing with all of those documents and the photograph. it's quite an indictment. >> i don't want to put words in your mouth, john, but it sounds like you're saying the trump team has the case for a special master, although in this filing they don't make it in a particularly cogent and coherent fashion, fair. >> oh, yeah, i think that's fair. i think this motion is -- i think the trump team might win despite itself on the special master issue. >> harry, let me read -- respond to that and i'll read you more. >> 100% essential point on the special master. it's on their cases. it's only for attorney/client
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privilege. on executive privilege, he's blown out of the water by the doj submission that he has no interest in this at all. what he says, he actually -- there's a concession in there that says i know that's mainly, it should be in the archives. but there is a procedure that at least allows for former presidents to look at it precisely. that procedure is they are in the archives where they belong. you bring in people with security clearances to look at them. not a word in here and not a smidgen in the law to suggest that the special master should somehow be taking on the executive privilege claim. >> control, we have time for one more citation here? at this stage, movement has standing to seek the appointment of special master in due time, will establish standing to contest the unconstitutional search, end quote here. harry, i'll give you the last word. does that get to what john was suggesting here, that they were sort of saying is that down the road we're going to get to more here. >> so, john was saying two
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things, i think. one was saying about the fourth amendment rights. that he can challenge if and when he's charge. he can't do it now. the other stuff is the special master stuff. so, that's down the road. should mean all his cases -- look at them. they're u.s. versus berman. u.s. versus u. that's for criminal defendant who is have been charged. >> not u.s. versus berman yet, as far as i know. >> it's all i could think of. thank you both for helping us go through this. up next we have to take you to nevada where a 2020 election denier is running the 2022 election in one county, and an ele election conspiracyist is the republican nomination for state.
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switch to the fastest mobile service - xfinity mobile. now with the best price on two lines of unlimited. just $30 a line. we just had quite a moment legally as the former president
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sets the stage the for tomorrow court hearing. it is unfolding with just ten weeks when election deniers are looking to take control in arizona and michigan. a number of candidates that embraced the former president's false election fraud claims are now one step closer to holding powerful offices, offices where they will oversee their state's elections. that's already causing chaos in nevada, where two counties have appointed election deniers to oversee their elections this fall. k kyung lah went to nevada to see how they're changing how the ballots will be counted. >> reporter: in the thinly populated desert a few hours outside of las vegas, nevada sits nigh county, where 2020 election lies are now a tenant of their faith. >> when donald trump says he believes he won the 2020 election, what do you think? >> i'm with him, i'm with him, definitely. >> reporter: usher in mark come
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of, the new clerk. >> i'm the doer when it comes to that. >> reporter: he is overhauling how ballots are counted in the midterm. but in a debate earlier this year, he said this. >> i believe that donald trump won the 2020 election. >> do you still believe that? >> what i believe as clerk has nothing to do with what i believe as candidate. you're interviewing the nigh county clerk right now. and as a county clerk, i'm responsible for total impartiality. >> but if you don't believe the system was legitimate in 2020 and created an error where 30,000-plus votes were not counted in the state correctly, isn't that problematic? >> i don't see it as being problematic at all because i'm trying to increase voter confidence in the election. >> reporter: the system kampf plans to use in november? paper ballots followed by a hand
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count. why? distrust about machines driven by lies about election machines. >> they are not connected to the internet. and this is regulated throughout the country. >> that's a perspective. there are a lot of people -- again, the voters in this county don't believe that. and whether it's true or not, their perception is their reality. >> reporter: kampf says he will still use dominion machines and compare the result. >> it should be a reality and it should be a five alarm fire for everyone who cares about democracy. >> reporter: the aclu says conspiracy theorists are already running. >> we're starting to see an attempt by fringe elements to really take control of those communities by interfering with democracy. >> what's problematic about hand counting? >> all it's going to do is give them the opportunity to tamper with an election. this is a coordinated machine
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that's in place. >> your name, sir? >> jim marchant. >> marchant is the republican nominee for secretary of state. for months he's been going from rural county to county. >> we are here to recommend that you vote today to dispose of your electronic voting and tabulation machines. >> reporter: we caught up with him at one of his many training events, where attendees are told various elections conspiracies as facts. >> tell me about hand counting and your effort in the rural county. >> just trying to implement a fair and transparent election. >> what do you think happened in the 2020 election? >> i don't know. and that's the problem. >> what do you say when election officials across the country say that none of this is true? >> i don't believe them. we just differ in opinion -- or differ in our -- yeah, in what we believe. >> dozens upon dozens of election officials are wrong, you're saying? >> yes. >> reporter: marchant wouldn't let us in to listen to his
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presentation. >> unfortunately, the event is closed to the press. >> this is the most dangerous for democracy. i would imagine in nevada, probably in history. the playbook is being drafted as it's moving forward. i would say that 2022 in nevada should be a good mir railroad of what's to come and a good foreshadowing example of what's to come across the country. >> and we are looking at rural counties in nevada. these are conservative. they do have smaller populations. but voting rights activists say they absolutely matter. and here's why. because if you think about the vote spread in some of these battleground states like nevada we're talking about thousands -- yes, tens of thousands in some cases, but generally thousands. and that is where it matters, the margins. a thousand here, a few hundred here. what they are worried about is if this works in this county and other rural counties, john, that this could be upscaled to the other battleground states. >> terrific report.
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the house seat for the rest of the year. peltola's win flips the seat held by don young, and she will become the first alaskan native in congress. palin became the vice presidential nominee in 2008 and in 2009 resigned midway through her lone term in the governor's office. despite today's setback, she'll get another chance at the house race in a separate election in november. a quick reminder before we go, join cnn for special coverage of president biden's prime-time speech, as he delivers remarks from independence national historic park on the continued battle, he says, for the soul of the nations. the news couldn'ts. let's hand it over to victor let's hand it over to victor blackwell and "cnn tonight". -- captions by vitac -- down to the wire, right before the deadline at 8:00 p.m. eastern, the trump team filed its response to the justice department's block b