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tv   Anderson Cooper 360  CNN  August 31, 2022 9:00pm-10:00pm PDT

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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 in our logo. john berman here, in for anderson.
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seconds, ago lawyers for the former president took the next step in the effort to force an independent review of materials taken from his florida mansion. they are court. filing, which we just got our hands on a second ago, 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's found despite written assurance two months prior according to doj. that none remain there. cnn's learned that trump attorney and former ankara christina bob, was one of the people giving that assurance, signing a letter saying. so the doj filing goes on to say the documents were quote, likely concealed and removed from a storage room at mar-a-lago as part of an effort to quote, obstruct, unquote the fbi investigation. it says that some recovered items were so highly classified that even some fbi counter intelligence personnel and others needed additional security clearances to review them. so, that's from the doj filing and now again, seconds ago, we got the trump
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team's reply. cnn's sara murray and josh campbell join us now with a look at what's in it. sorry you, just get your hands on, what can you tell? us >> we are just starting to look through, is essentially what the trump team is focused on is this argument of whether they need a special master and whether there should be an outside party who is reviewing the documents that the fbi seized when they searched mar-a-lago in august. it's very clear in this 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 interested with evaluating what they call the unjustified pursuit of criminalizing of former president's possession of personal and presidential records in a secured setting. they're also saying the former president had a reasonable expectation of privacy in his
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own home, and that is when the reason why they're contesting the search of the premises. of course, the justice department, in their filing they received yesterday, argued these documents that the former president had at his home in mar-a-lago, they were not his documents to have there in the first place. so, like i said, we're still digging through this filing but it's very clear that this is a trump team and trump lawyers who are still pushing for more oversight of the justice department when it comes to this. >> all, right josh campbell, here with us as well. josh, i know you took a first look at it, what are you seeing? >> as expected, the president is taking exception to this fbi search at his property, and a remind our viewers, this has been approved by an independent judge, the president and his lawyers describing that search as, quote, rummaging through mar-a-lago. this obviously is focused on the issue, of presidential privilege, and we're still looking at the document but one of the key documents 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. he himself claiming
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this executive privilege that would've allowed him to have information that the fbi could not actually look at. we expected this to come up. one thing we have to remind people about is this is a response to the dod jays filing. this whole issue centers around whether an independent party, this so-called special master, an d concerns, prosecution and what should not, the so-called filter team.
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so again, this is not unexpected. we have to wait to see whether this actually convinces this federal. judge >> our, addressed standby for, second we have a lot of eyeballs going through this right now. let's go to our chief white house call or spawned it kaitlan collins, who is looking as. well caitlin, what do you see. >> i will just say we are just going to read through this, john, it's about 19 pages from the trump team that we've gotten now in this. filing we waited, the deadline was a. the clock and of, course it was right about 8:00 when they file. this >> i will say, right off the bat, they are still asserting that they want a special. master that is that third-party attorney, someone, typically, a retired judge. that is going to be the situation tomorrow when trump's legal team is in court, including that new attorney that they just added, the one who is the former solicitor general of florida, someone that 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 the search happened. they still want that special master. and basically, the argument that the justice department was making in its filing last night was that one was not necessary,
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because they said the trump team waited two weeks to actually formally asked for one, and so they had already gone through all the materials that they took from mar-a-lago. and they set aside what they believe could potentially fall under attorney client privilege. trump's team is arguing they still want. 11 is saying it is not necessary, because the review is complete. and basically, pushing back on the doj's assertion that the trump team does not have it right in the situation to have a special master, because they have already gone to those documents. , so making very clear, they are still seeking that they still to hope to get that. tomorrow of course, whether or not they do remains to be seen, because that judge indicated on saturday that she was considering it. but made clear it was not her final decision. but to see what she says tomorrow, john. >> she said she was inclined to grant special, master but that hearing is at 1:00 tomorrow. sarah murray, if you're still with us, i want to redo something that's on page two of this filing. quote, moving does not at this time address every misleading or incomplete statement of reported fact made by the
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government in its response at page 3 to 14. however, movement will simply highlight that one specific event, the june 3rd 2022 meeting, has been significantly mischaracterized in the government's response. if the government provide the same untrue account in the affidavit in support of the search warrant, then they misled the magistrate judge. tell us more about what meeting they're talking about, and why that's. important >> right, that's important because when we got the justice department, filing it was obviously a clear narrative of events. and when the things that they talked about was a june 3rd meeting, where they're invited to mar-a-lago to pick up documents that were responsive to a subpoena. and in this meeting, the trump team hands over essentially a knock ordained folder of documents, this is according to the justice department's recitation of what happened. they say, you know, all of the documents that were classified markings were in the storage room. this is what they found. they did this diligence surge of the property. and then, a trump
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representative, christina bob, cnn as told, has signed this at it station saying we've done this search, we're heading over all the documents that would be responsive to the subpoena. so, all the documents and classified. markings they also said the justice department that they are not allowed to go into the storage room where -- any other boxes to see if anything else had been left behind. so, what the trump team is saying on this filing, we're not gonna go point-by-point to refute every, fact that we do take serious issue with what happened that june 3rd. meaning they do not explain what factual issues they think this presented. but they are saying, look, if this is the basis for the search warrant, this is a. problem >> doj said it tried to get into the boxes, they were not a lot like the. boxes the trump team in this filing saying it did not happen that. way although they not exactly exactly how it happened. >> all right, sarah, keep. reading i want to go back to josh campbell right now to talk about the photo that was an
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appendix to the doj filing. and now, we understand that donald trump is taking some issue with this what if you learned. some issue with this. >> again, this is not unexpected. this very visual depiction of the classified documents that were left with the fountain, there you see them on your screen, this was an fbi evidence footer that was taken and then release as part of the justice department filing. the former president and his attorneys really blasting the release of that photo, calling it a gratuitous release of allegedly classified information. trump goes on to say that those documents were pulled from a container and spread across the floor for dramatic effect. one thing i have to tell you is as a former fbi agent, it really raises the question of who the presidents audience is. this is a federal judge that will ultimately make this decision. a federal judge is someone who reviews this type of material on a daily basis. looks at affidavits, looks at the pictures that you're seeing there on the screen, evidence, photos taken by fbi ellen lists. they know this is standard operating procedure. you can even see the
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ruler down there on the bottom of the photo. this is what evidence photos actually look like. however, what the president is claiming is this was in effect overreach by the government to release, in his words, a gratuitous document. it's also important to note that this turns on his head this claim that we've seen or heard from the presidents orbit that the perhaps the fbi had planted evidence here in this document that was filed in court. trump says that the documents were, quote, pulled from a container and spread across container to create an effect. it's hard to whisk where the evidence because how could the fbi -- >> by saying that they were taken from the container, that's different from what people have been saying that they were planted. this is the type of thing that people have pointed out. that donald trump in his postings maybe talking self, they, say into more trouble as this continues. we're gonna let everyone keep on reading here. then they will bring us more details as they find them. i want to bring in
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cnn senior law enforcement and and former fbi deputy director andrew mccabe. also shan woo, he's a defense attorney and former federal prosecutor. and shannon, you've been sitting next to me in reading montauk. and what jumped out to? you >> a jumps out to me that's pretty light on the legal citation and legal. analysis and i think they were really overwhelmed by the strength of the justice department's filing. have not been able to respond to that, they are reiterating a couple of points. they see the danger in the justice departments argument that trump has no standing to ask for the special master. so they're trying to lean back into that saying, of course, he has a privacy and trust in his residents and they have to sort of gloss over the fact that he may not have any property rights in materials. >> if somebody can tell is this more about a special master argument or is this more about responding to the other new factual details of the d.o.t. laid out yesterday? >> this is an iteration leaning into the special master
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argument. they can test what responsibilities the special master should have, they want this special master to have very broad power here because they really want him to oversee the criminal investigation. >> andrew cable, i want to bring you into this. now >> the purported justification for initiation of this criminal probe was the alleged discovery of sensitive information contained within the 15 boxes of presidential records. those were the presidential records turned over in january. but this discovery was to be fully anticipated given the nature of presidential records. the -- sensitive information should never have been cause for alarm. and 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 really stumbled, i read a two or three times the first time because i can believe what they were saying. they're
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basically conceding that, yeah, of course we had a lot of supersensitive -- they don't say classified specifically, but they have classified information, here his presidential records, and they're in his house, of course there would be sensitive stuff in there as well. well, they are glossing over the point that it is actually not his records, he does not have a property interest in presidential records. he admits there is presidential records not good for him. but ignores the presidential 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 very kind of emotionally drafted. and it kind of jumps all over the place. i do think they are trying to attack the validity of the search warrant in a sort of roundabout way, knowing, i'm sure, as they do that attacking
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the search warrant is not something you do in front of a different federal judge, and from a different courthouse. there is a time that a target of investigation, once their charge, they have the opportunity to attack the search warrant, they are kind of trying to do that here in a roundabout way that does not seem particularly effective to me. but that seems to be what they're doing. >> and again, a reminder. the hearing for which this filing is intended to morrow is about the special. master it is not about the search warrant exactly, per se. all right, andy, standby for second. i want to go back to kaitlan collins. who has been reading more. what do you see now, caitlin? >> john, there's a new 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 are pointing to, really, basically going back to the search of trump's home. saying the justice department is arguing there moving in a fair minded, ethical way. and they're saying the search warrant executed at his home in the midst of a standard give
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and take between former presidents and norah, that's the national archives, regarding presidential library contents. and with a movement, quote, i'm quoting from this, literally allowing 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, we now know that those investigators went there, they wanted to get the rest these documents, as they said in their filing last night, when the council show them the room where these documents were being kept, that storage room, they said trump's counsel explicitly prohibited them from being able to look in the box, to open them, to see if there was anything marked classified in those documents. that's also when a trump attorney signed that letter saying that there was no more classified information to the best of her knowledge, still at mar-a-lago. obviously, the search in august proved that that was not the case, that there was still a lot of classified information there. but the way that they are framing this, saying, essentially the search happened
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because there is this cooperation, relationship happening between the two. a difference between what the justice department. say they are saying we had subpoena, we asked for the staff 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 there was. >> yeah, again, they had a court approved subpoena, and a court approved search warrant also where the judge agree they had probable cause to go looking for these documents. kaitlan, standby, josh campbell now, back with. the trump team is arguing they should be able to react, this get back some of the documents that were seized. what are you seeing >> this is exactly in line with what shannon was seeing, that this appears to be a very broad requests that the trump team is making. and it's notable here because in this filing in the court, what basically the trump team is asking is the special master, this independent party, if he or she is actually assigned to
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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, is no longer any to know. and certainly under the presidential records act, the president would not maintain that type of information. so that is notable. but interestingly, the trump team is also asking for a unredacted copy of that search warrant affidavit. we know that the justice department had released a redacted copy, which we were able to see, which itself was still chalk full of incredibly interesting details. but the problem is, every investigator knows, these types of affidavits include informations 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 are now going to turn over to the trump team the name of confidential witnesses who are helping the federal investigators with their case. i do not see that happening.
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but again, you have to understand that this is the audience for this is a federal judge. and certainly, that person would understand how sensitive disinformation is, particularly in an investigation that is very much still ongoing, john. >> all right, shan wu, for some legal analysis, to you here. how unusual would it be to turn over to a target of investigation the affidavit? i mean this is, in one the previous files, exactly what the judge, magistrate, and the doj was worried about, giving a roadmap to the possible defense. and on the point of giving back some documents that the special master deems privilege, this gets into a legal twilight zone here. if for instance someone does deem that 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 isn't that where they go back to? >> so, twilight zone is exactly the right analogy here. so, what if there is a disagreement in the special master and what the fbi pillage keane has been looking at? who is going to decide that? and so that becomes the subject
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of like a side litigation. that's the whole problem with the request, here it creates the opportunity for the judge to meddle in the investigation. the law here is completely convoluted. i'm not just looking at one section john, where they're trying to talk about the attack on the search warrant itself, which they say were not really attacking that. here but yet, they are. that analysis is so convoluted that you would flunk first year law school if you try to talk about that. they're trying to say because of a property owner has shan a right of privacy in the resident they can object now. they're saying oh, so what, there was a search warrant for illegal proceeds, meaning the documents, they're saying if that's the, case that anytime a property owner has a legal proceeds, somebody could search the home. that's exactly right that's why you have a judge determine if there is probable cause to search the home it's just a terrible analysis. >> all right, everyone standby, we're going to take a break. here it we're gonna get to put on a reading glasses and go through this. filing our panel stays with us.
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and it will be joined by two former justice panel officials. and later finding out what happens when 2020 election denier becomes a 2022 election official. with more election deniers on the ballot. that story tonight is one of at a county, which is a critic there is calling a five alarm fire for everyone cares about democracy. ♪ it wasn't me by shaggy ♪ you're never responsible for unauthorized purchases on your discover card. ♪
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can you believe someone thought this would help you hear better? and no one will notice it? genius. now this is eargo. made to be heard. not seen. all right, we are talking tonight about the court filing just moments ago the former president's legal team that answers a broadside 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. back with everyone here starting with sara murray who's just seen something on page 17 here. sara, what do you think is important? >> the trump team is sort of laying out the stakes in this document and how the justice department has overreached. they say a search warrant has been executed at the home of
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the president, it was conducted in the midst of this standard give and take between the former president and the archives regarding presidential library contents. and with the movement being the trump team literally allow doj lawyers and fbi investigators to come into his home and provide security advice. it goes on to say the government gratuities sly included that photo and they're filing, and say the government pretends these are not historically important moments. so, this is how the trump team is sort of trying to set the stakes as we go into this hearing tomorrow. of course, it is important to remember that the government got the 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 cooperatives as the trump folks are trying to lay out as far as the justice department is trying to. layout >> let's bring in andrew mackay, former deputy director of the fbi, and again, what sara is pointing out there is in the conclusion of this
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filing from the trump team, what you make of that allegation? >> yeah, john, i think josh campbell hit the nail on the head earlier. the question, as you read more and more of this, 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 at the offense they committed by searching a former presidents residence, and re-casting the narrative that doj very clearly laid out in their previous filing about that given tape that led to the search warrant. so, i do not think those arguments are going to have much impact on the judge. but they have proven to be very effective in activating the presidents base, generating additional fundraising opportunities, and turning up the volume on the outrage. i would expect that president trump likes that part of the brief the best. i'm just not certain that it is
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going have a lot of legal weight. >> and, again what the judges deciding tomorrow is whether or not there should be a special master to determine matters of attorney-client privilege, and also possibly executive privilege. andy, standby. i want to bring back kaitlan collins here. and i want to read more of the filing, this time from page three, quote, rather as contemplated under the p.i., which i should point out is the presidential records act, nara, which is the national archives, simply should follow up with movement in a good faith effort to secure the recovery of the presidential records. good faith effort, didn't they do that, did this go on for a year and a half? >> it went on for an incredibly long, time so much for the fact it went from the national archives repeatedly asking trump and his team to turn this information back over, that then when they realize that there are classified material there they refer this to the justice department, then we entered the subpoena territory. and that is where you saw these letters coming from the justice department to trump's legal
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team. they had subpoenas, they had these court approved documents trying to get access to these materials. this is not 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. that is not what the justice department is saying. they are saying there are subpoenas, here that they were not getting all the classified information, even though there are trump attorneys signing documents saying that there is no more classified information left at mar-a-lago. they were saying they are still not getting all the classified information was left at mar-a-lago. so, that stuck out to me as well, because they're arguing, basically, that what the justice department said last night is based on what was obtained by the justice department, by these fbi agents in that search warrant executed on his property, was to show that the statement that the trump attorney signed was far
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from the truth at best. and that they were concerned, and that were the boards where they were kind of going down the road of potentially there is obstruction here. and they're trying to get in the way of the justice department investigation here. i will know that the trump team is still asking for a special master. what they are suggesting if they do get one, john, in addition to what josh was saying, which is that they want a copy of the affidavit, which i should remind people is the document behind what justify the search warrant. that could have witnesses names on here. and the justice department has said they want to keep that sealed, because they do not want that part being public. they do not want the names of witnesses in their investigation becoming public, and potentially ongoing trump to interfere in it. they made it clear in their filing. they said they would propose a list of candidates to be special master by september 7th, next wednesday. and they would set deadlines for the reviews if they do. that goes back to this argument the trump team just wants this special master, this third-party attorney to look over what was taken from mar-a-lago to potentially slow this case down. >> you know, shan wu, on the
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subject of a special master, they are not unheard of in issues dealing with attorney client privilege here. and the justice department had said their own taint team as it were has identified some areas, some documents which have been 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 don't want to give them suggestions, but they could lean more just into the exceptional nature of this. they recognize that special masters are usually used only in attorney-client privilege review point. they're still trying to push the boundary here, to get the special master to have jurisdiction over executive privilege, even though that's been shot down repeatedly. they referenced the archivist procedures here, that they give some deference to a former president. they even say executive privilege really benefits the united states. and somehow, they want to boot
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strap that into trump having power over went to assert it here, even though he is 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 like he was saying. >> all right, everyone, again, standby, keep on reading, andrew mccabe, shan wu kaitlan collins, sara murray, josh campbell, we're gonna take another, break we'll be right back. moderate to severe eczema still disrupts my skin. despite treatment it disrupts my skin with itch. it disrupts my skin with rash. but now, i can disrupt eczema with rinvoq. rinvoq is not a steroid, topical, or injection. it's one pill, once a day, that's effective
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back with our, panel talking
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with about tonight's filing for the former presidents legal team. andrew mccabe, i want to read a portion from page seven, now referring to the governors claim that the court should not have a special master. because it interferes with the document review process. this is the quote. 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 he should not preclude the court from exercising its equitable jurisdiction. andy mccabe, your answer to that? >> well, they're conflating of the review of the surge materials, which apparently has already been conducted, with the intelligence communities damage assessment review. so, the doj was very clear about the fact that any delay would cause, could cause
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significant harm in slowing down the intelligence communities 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 kind of the death by 1000 cuts. there's a long section, john, from page 9 to 13 in which they really go after the governments filter team, right, that process that was laid out in the search warrant affidavit, in which they say all the material taken from the 45 office would be reviewed for attorney-client privilege. they've apparently done, that they've came out with some materials, and they're not looking to the court for guidance. so, they're trying to pose this as oh, the doj is afraid of special master because they do not want oversight of what they have taken from mar-a-lago, which is of course not really, not really how this works. but it's also, there's all kinds of claims about there was no effort made by the magistrate judge by the
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government to communicate with the movement after the search warrant. oh so they're complaining, oh you found footage materials you found. important remember that none of that is required by 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, they find privileged materials, they go to that court for guidance. they do not go back to, in this case, the trump team. this is not a civil case. this is not a negotiation. it is a criminal investigation. >> all, right kaitlan collins, i want to go back to you now again, with more from page three of this. and here is the quote, rather as contemplated under the p.i., which again is the presidential records act, nara, which is the national archives should have simply followed up with movement -- oh, we've already done that. and the good faith effort to secure the govern records. again, we established that that is something that, that the fbi and doj says they did. let me ask you something separate, kaitlan, as you've gone through these pages now, as have i, there is something
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which is not here. what is not here in this filing? >> an argument about the declassification of these documents, which of course is what the former presidents team and its ally on cable news have been arguing, that he does declassified all the documents that he took with him. but that photo that he's complaining about that was included in the justice department's filing last, night it was a notable photo just because it's sought to really showcase 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 know the documents and the photo say declassified on the front of them, the word declassified is also not appearing in this filing that we gain from trump's team tonight. maybe they will use it tomorrow in court when they're talk about trying to get the special master. we do not see it so far. and john, going back to the effort they're describing here, saying that, and one part of this they say the enforcement, basically the describing the enforcement of a grand jury subpoena by the justice
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department as allowing investigators to come to his home and provide security advice. that is after that june 3rd meeting, where jay brat, the top justice department official leading this investigation, and other investigators went to mar-a-lago, they met with trump's, attorneys they went to the storage room were boxes of doctors are being held. they, according to the justice department, were not allowed to look inside these boxes. they were explicitly prohibited from doing so. but i 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, basically, further secure the room. because they were worried about who could get access to that room. trump's team took that is attractive to put a padlock on the door. you know, providing, coming to this 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 are asking the return of any documents bearing
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classification markings. you just see how distorted the two events are, of the simple meeting were a grand jury subpoena had actually been issued to go and get these documents, and how the trump team has been framing it in its filing. >> so, josh campbell, as kaitlan just brought up, one of her points, does there appear to be any reference to declassification the documents, which is a claim the trump team has made in public, on tv, not in any legal filing? and by the way, the justice department, on its part has not required classification as three things that fall probable cause to investigate. but you also know something else that's not in this document, right? >> that's right, the bluster. we're not seeing what we saw on the former president social media, where his blasting the fbi, talking about them busting down his doors and cracking open his safe, calling them crooks, calling them criminals, saying they violated their oath. you do not see any of that in their. and obviously we all know why. the audience here is a u.s. federal judge. that type of bluster would not
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fit in a courtroom, that would not fly in a courtroom. but that is interesting to note. there appears to be two different lines here. obviously, the former president is a very proficient public relations practitioner. but this appears to be more measured. we do see him taking exception to this ongoing intelligence community review, which we've been reporting on. they're going back and looking at those classified records in order to determine what kind of damage could've been caused to u.s. national security ethic in the hands of someone who did not have a need to know. the former president saying he reserves the right to object to that ongoing review. of course, it is important to note that as a former president he no longer has the power to oversee classified information. that rests with the current president. but if i just 0.1 another, thing we've been talking tactically about what we could see in this document. one key overarching strategy that we've seen, john, is the former presidents try to convince this judge that is essentially a normalization of his actions here, to keep classified information, a
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former president's residence. and in fact in this document, this is pretty stunning, we'll see the slides with the judge, but he talks about these ongoing discussions with the national archives, for example, as a standard given take. basically saying it is not surprising a former president would have sensitive information. yet he criticizes the archives, saying they rushed to open a criminal investigation. it's worth noting they don't open criminal investigations, they refer to the fbi who actually over the investigation. but what he is saying in this quote is the notion the presidential records would contain sensitive information 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, democrat president, we actually have never seen a foreign president maintain top secret information like this. >> no, nothing quite like this, josh candle, andrew mackay, shan wu, kaitlan, sara murray. next, to senior -- democratic and republican what they make of what we've all been seeing in realtime when
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we have been discovering piece by piece what is in the former president's latest court filing as his legal team think a
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court filing independent review of documents taken in the search at mar-a-lago. what we have not found yet, at least in the early reading, is the trump team addressing the justice department's rights of evidence of obstruction of justice. joining us, two warmer deputies attorney general, john wu, who served during the george bush administrated. harry, first to you, how unusual is it, or odd is it that the trump team does not address the issue of obstruction here? >> everything about the filing is odd. it is flailing, and deeply, deeply muddled. the case is, what few cases that advances have nothing to do with the situation. the special master arguments are all about attorney-client privilege, but they try, pretty clumsily, to ally them into an executive privilege situation. they have a fair number of misrepresentations, but to josh's point, this happens in
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general in trump land when you get to court, you can lie and you can be subject to sanctions, so that's, i think explains the slightly muted quality. there is nothing new, compared to what they said before, but it is just repackaged in pretty confusing fashion. >> john gumm 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 circumstances and the back-and- forth between the government here, involving the first ever nonconsensual surprise search warrant search of a former president allegation that a former president for the first time might have concealed evidence of a crime, and may have even committed a crime. that seems to meet the standard for special circumstances that justify the grant of a special master. the documents we have before us, i can quite agree with
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harry, president trump's response is confused, strange, does not get right to the point. i have a feeling what they are trying to do is kick the can down the road. by getting a special master, you are delaying a lot of the consideration of what was found. you are going through what is missing. the thing that is missing is any response to the photographs into the allegation that 100 sets of classified documents were found, really a startling claim by the government. he would have thought trump would have responded to it here. >> it really is not a direct response to so much of the information that was a part of the doj filing. it has its argument on a special master. to that point, let me review one more part of this, in its haste to avoid judicial oversight, the government has not only completed the filtered team review and classification of attorney-client privileged materials, but the investigative team has accepted the lineages and delete reviewed the remaining documents. do you think that is something the judge might accept? >> yes, because i think i am misreading it. i think what is
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going on is that they are just saying, please judge, appoint a special master. these issues are so obligated, attorney-client is mentioned. executive is complicated and first of its kind. also, the suggestion over and over again that the original search warrant was too broad, too aggressive, there could have been a negotiation, accommodation that could have worked out, those are all just-- judge, this is so, get to come up with somebody who has got experience, maybe 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 that they did not have time to really confront and grapple with what the government put forward. very stunning filing with all of the documents and the photograph. it is quite an indictment. see i don't want to put words in your mouth, john, it sounds
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like what you're saying is the trump team has a case for special master, although, in this filing, they don't necessarily make it in a particularly coherent fashion, fair? >> oh yeah. i think that is fair. i think the trump team might win, despite itself on the special master issue. >> let me read you another part. okay, harry, respond to that and i will read more. >> 100% essential point on the special master. it is all their cases, only for attorney-client privilege. when executive privilege, he is blown out of the water by the doj submission that he has no interest in this at all. what he says, actually, there is a concession there that says, i know there is mainly, it should be in the archives, but there is a procedure that at least allows for former president 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 marriage in the law to adjust that the special masters should somehow be taking on the
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executive privilege claim. i'm sorry, go ahead. control, we have time for one more citation here? i will refuse very quickly. at this stage, moving to seek the appointment of a special master in due time will establish to contest on constitutional search. end quote. harry, i will give you the last word. they were sort of saying, is it down the road we will get two more here? >> john was saying two things, i think one was about the fourth amendment rights. that challenge, if and when he is charged. he can do it now. the other stuff is the special masters stuff. all of his cases, look at them. u.s. versus berman, u.s. versus you. that is for criminal defendants who have been charged. >> not u.s. versus berman yet, as far as i know. thank you both a gentleman for helping us go through this tonight. next, we have to take you
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to nevada, where a 2020 election denier is now running a 2022 election in one county in a election conspiracy as the republican nominee for secretary of state. it is being called a five alarm fire. new astepro allergy. no allergy spray is faster. with the speed of astepro, almost nothing can slow you down. because astepro starts working in 30 minutes, while other allergy sprays take hours. and astepro is the first and only 24-hour steroid free allergy spray. now without a prescription. astepro and go. joe biden and democrats in congress just passed the inflation reduction act to lower our costs. the plan lowers the cost of healthcare and medicine and lowers our energy bills by investing in clean energy. that's more savings for us.
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will oversee their state's elections. it is already causing chaos in the crucial swing dates of nevada where two counties have appointed election deniers to oversee their elections this fall. our senior correspondent went to nevada to see how they are already changing how the 2022 midterm ballots will be counted. >> in the thinly populated desert, a few hours outside of las vegas, nevada, sits nine county, where a 2020 election law is not a tenant of their faith. >> when donald trump says, he believes he won the 2020 election, what do you think? >> i am with him, definitely. >> these voters ushered in the bread nye county clerk. segment that is right, i am the doer when it comes to that. >> he is overhauling how votes are counted in about's midterm in charge of the november election. in the debate earlier this year, he said this. >> i believe that donald trump won the 2020 election.
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>> do you still believe that? >> what i believe as clerk has nothing to do what i believe as candidate. you are interviewing the nye county clerk right now , and as a nye county clerk , i am responsible for total impartiality. >> if you don't believe the system was legitimate in 2020, and create an era where 30,000 plus votes were not counted in the state correctly, is that not problematic? >> i don't see it as being problematic at all because i am trying to increase voter confidence in the election. >> the system conflicts used in november, paper ballot, followed by a hand count. why? distrust of machines, driven by 2020 conspiratorial lies about the dominion. >> in the election space, the machines that count the multiple layers of security. they are not connected to the internet. this is regulated throughout the country. >> that is a perspective. there are a lot of people, again, the voters in this county don't believe that.
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whether it is true or not, their perception of their reality. >> he says, he will still use dominion machines in a parallel count and compare results. >> what would seem like a crazy internet plan seems to becoming a reality and it should be a five alarm fire for everyone that cares about democracy. >> the aclu of nevada says election comes years the theories are already running in this critical swing state. >> in rural counties here in nevada, what we are starting to see is an attempt by french elements to really take control of those communities by interfering with democracy. >> what is problematic about hand county? >> all it will do is give them the opportunity to tamper with an election. this is a coordinated machine in place. >> your name, so? >> marchant is a republican nominee for secretary of state. four months, he has been going from rural county to county. matt we are here to recommend you vote today to dispose of your electronic voting and
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tabulation machines. >> we caught up with him at one of his many training events, where we are told various conspiracy theories as facts. >> tell me about your effort in the rural counties? >> trying to implement a fair and transparent election. >> what do you think happened in the 2020 election? >> i don't know, that is the problem. >> what do you say when election officials across the country say, none of this is true? >> i don't believe them. we just differ in opinion. different in what we believe. >> dozens upon dozens of election officials are wrong, you're saying? >> he nordy nevada gop with lettuce and to listen to his presentation. >> closed to the press. >> this is the most dangerous election for democracy. i would imagine in nevada, probably in history, the playbook is being drafted as it is being moving forward.
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i would say, 2022 in nevada should be a good mirror of what is to come in a good foreshadowing example of what is to come across the country as we move forward for the next 20 years. >> 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. here is why, because if you think about the votes spread in some of these battleground states like nevada to me we are talking about tens of thousands in some case, but generally thousands, that is where it matters. the margins here, 1000 here, a few hundred here, what they are worried about is if this works in nye county and other rural counties, john, this could be upscaled to the other battleground states. >> terrific report, thank you very much. it is a busy night here. coming up, the results from an alaska special house election as former vice presidential nominee, sarah palin, attempts to make a political comeback. really? even if my old phone looks like this?