welcome to "inside politics." i'm john king in washington. thank you for sharing your day with us. a federal judge sides with donald trump to review material recovered at mar-a-lago. and the special master will get much more time than the justice department would like. the judge also tosses a legal curve ball questioning if the government can decide just what is classified. plus brand new cnn reporting

about nancy pelosi's future. democrats now going on the record to say if they lose the house in november, then it is time for a new leader. and stuck in the middle. migrants at the center of a big immigration fight between republican governors and the democratic white house. >> the minute even a small fraction of what those border towns deal with every day is brought to their front door, they all of a sudden go berserk and they are so upset that this is happening. >> republicans are playing politics with human beings using them as props. what they are doing is simply wrong. it is unamerican, it is reckless. >> up first for us, donald trump gets the delay he wanted. a federal judge appointed by trump ruled in favor of donald trump and their request for a special master, a third party attorney to page through the materials the fbi took using its search warrant from mar-a-lago. he is raymond dearie, senior

judge from a northeastern district, and he gave him an extra month added to the tile line proposed by the justice department. and this is a hiccup in the investigation of the former president akd thend the handlin the most sensitive secrets. it also freezes a national review to be a time to be determined. with me, evan perez, katelyn polantz and also elliott williams. number one, we'll get in to the details, but the biggest piece of this is it slows things down. >> it really does. and what this means is that the justice department still can't review these documents, or at least that is the reading of what she wrote, what the judge wrote. part of the problem with the order, there is very vague language in there that suggests that if the justice department wants to look at certain parts

of the documents for its criminal investigation because it is so intertwined with the review, the risk assessment being done by the intelligence community, then she's okay with that and she's leaving it up to them to sort of decide that. but if you are the justice department, there is really peril to that. so they are just not going to do that because it raises real problems for them. there is a lot of issues for the justice department to figure out before they file their appeal. so that is what they are doing right now. it could come today. they will go to the appeals court in atlanta. but, you know, there is a lot of new things that she brought up in this order that they are going to have to confront. >> so whether they appeal, that takes weeks if not longer. if the judge -- the senior judge starts the special master process, that will take through november 30th, the time line she laid out. and maggie haberman noting that she covered this judge a long time ago and a key fact about dearie, he is known as

exceptionally slow in his pace. that is what the trump team was looking for. delay is something, stall is something. we have seen pick your investigation over the last several years that the trump team seems to be their default. >> and even on top of that, november 30th is that deadline that she wrote in the order that she wants dearie to be done by. we'll hear what he actually has to say about that in the coming days. but if the trump side or the justice department side disagrees with any decision dearie makes about any of the documents he is reviewing here on privilege, whether or not they can be a part of the criminal investigation, they can appeal and cannon can do essentially whatever she wants. she wrote that into the order as well. so that could further delay things. she's not setting anytime table for herself to work through this. but at the end of the day, there is a priority here and it is on the 100 or so documents that are classified. these are the ones that the justice department really does not want to be part of whatever the special master is going to do. it will be the biggest issue in this appeal whenever they file

whatever they may file, they have already made that very clear. and so those should be the priority here that dearie will work through and those are going to be the most -- obviously he the most contentious things, they are the heart of whatever could a rise. >> and so elliott, put yourself in the shoes of one of the prosecutors working on the investigation. the order as of now says you cannot use these documents to go to a grand jury. you cannot use these documents to interview the next witness, if you will, some other witness, about this. and the judge also just casting potentially doubt on the government's credibility here, saying that the court does not find it appropriate to accept the government's conclusions on these important and disputed issues without further review by a neutral third party in an sxe tighted and orderly fashion. essentially saying i don't trust the justice department, is that your read of that? >> it really is. it is a remarkable statement that we don't trust the government to say when and how documents are classified. orderly enough a former president was at the center of how documents were classified because of a president's role as

what is called original classifying authority. so it is a little odd to now say, you know, we have documents that are probably clearly marked as classified, but we didn't believe necessarily that they are classified. so to your question, what do you do if you are the justice department, that is very perplexing. think about it, if you can't ask someone about the documents, you bring someone in for an interview and you say, okay, well, how did you get -- sorry, i can't ask but that either because it is tied to the document. so everything sort of touches the documents. certainly the justice department will have other witnesses and other information that they can probably rely on, but it is just hard to see who you can work a case -- -- how you can work a case or work with the intelligence community. so a little perplexing where they go from here and a big question is do they appeal it. >> and that is the question. that in and of itself adds weeks if not more to the process. so for the justice department to

deal with this ruling we don't like, or do we try to appeal it, i'm guessing part of the calculation is the tone that this judge takes which is consistently on trump's favor including this. there have been no actual suggestion by the government of any identifiable emergency or imminent disclosure of classified information rizing from plaintiffs' allegedly unlawful retention of the seized property. instead unfortunately it has been leaked to the media. again, this judge is saying leaks from the justice department are more of a problem than donald trump having documents that he had no right to take in the first place. >> those sentences could have been written -- and you could be mistaken for thinking that they were written by trump's legal team. what this judge has done is turned everything on its head. she's saying this is such an unusual case that all the rules that we normally operate, that the courts normally operate on, are thrown out, that we'll make these new rules as we go along

because this is an unusual case. usually what courts say, you know, this is such an unusual case, we have to stick all of the rules that are in place. and that includes the fact that you accept when the government testifies and tsign papers sayig that this is classified, it is the nsa that is the classification authority, that the judge accepts that, right? and this judge is saying i don't trust anything. >> and what is even more unusual about this, that this is a judge that may not even be the judge if there is a case charged who think has it. the grand jury we understand would be working with d.c. potentially and this judge is right now communicating and writing things about the investigation and also she will be calling balls and strikes on what could potentially be evidence in a case that she might never even see. >> elliott, let me play devil's advocate to a degree. you know that trump is attacking this as the deep state, he suggested the fbi has planted

evidence. is there in an odd way, maybe it is backwards, maybe outside the law, but can the justice department turn it to its advantage in the sense that we had a judge who disagreed with us, we went through a process we thought was unnecessary, we weren't going to be able to do anything before the election anyway because of the political protocols. can you come out on the other side and say the process was completely unnecessary, but we succeeded and now we move forward? >> hard to say how you measure success, but you are really good at making lemonade, john. so i commend you there. you know, on the one hand though, i would say that the appointment of judge dearie is a bit of a win for the justice department because a lot of these questions over what is classified and what is not would otherwise have gone to judge cannon, the judge holding the case, who has already proven that -- i think this is a little bit out of her depth on some of the national security issues. i don't say that to be

disparaging, but look at judge dearie's background, he understands this stuff better and i think will probably do a better job with it. so to that extent, it will take longer, but it is probably a better outcome for the justice department in the end. at the end of the day, they are now losing a bunch of time on this. but you're right, they wouldn't have charged anyone with a crime between now and november. they probably wouldn't have done search warrants or any major actions between now and november. so we'll see how much this stresses into next year and how much it stops the justice department in what they want to do. >> and we've had the legal track and public track. donald trump lawyers have never argued in court that he declassified these doumgts. t documenter. the former said said that himself. they have not argued hathat in court and we'd think that that would be a pretty powerful argument to make to the judge. someone else that the former president said in that interview gives unease.

listen. >> if it happened, i think that you would have problems in this country the likes of which perhaps we've never seen before. i don't think the people of the united states would stand for it. >> what kind of problems, mr. president? >> i think you'd have big problems. big problems. i don't think that they would stand for it. they will not sit still and stand for this ultimate of hoaxes. >> the correct answer is me and my legal time would fight it in court and prove my innocence. as opposed he says that he is not saying any such thing, but we lived through january 6 and we understand how trump supporters take cues from the former president. how does the justice department deal with that knowing that he will stir this up? >> you cannot ignore something like that because it is a threat. let's be clear, that is a threat. and you already see that in these documents they are hiding the kneenames of the lawyers an agents working on this case because of the threats that they are receiving from the former

president's supporters. that is not normal. >> not normal. that is an understatement. thank you all so much. up next for us, the biden administration officials meeting today to discuss pressing immigration issues. this as the president says it is unamerican and reckless to bus and fly migrants across the country. housewives... whoops. i just want to talk! get your tv together. call 1-800-directv to save up t to $120. i wish that shaq was my real life big brother. what's up, little bro? turns out, some wishes do come true. and it turns out the general is a quality insurce company that's been saving people monefor nearly 60 years. for a great low rate, and nely 60 years of quality coverage- go with the general. ever wonder what everyone's doing on their phones? they're investing with merrill. think miss allen is texting for backup? no she's totally in charge. of her portfolio and daniel g. she's building a greener future and he's... running a pretend restaurant.

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governor of massachusetts announcing that the 50 migrants flown by the governor of florida will be relocated to a military bus. they came by ferry to the massachusetts mainland, you see them there traveling to a military base on cape cod. governor baker says the national guard will assist in providing shelter and other critical services. here in washington today, the biden administration officials are meeting to discuss immigration issues, including how to better handle those who cross the border seeking asylum and whether there are any legal options to counter recent moves by republican governors to send

migrants to blue states. president biden last night lashing out at those republicans. >> instead of working with us on solutions, republicans are playing politics with human beings, using them as props. what they are doing is simply wrong. it is unamerican, it is reckless and we have a process in place to manage migrants at the border. we're working to make sure it is safe and orderly and humane, it is long overdue for senate republicans to come to the table and provide a pathway for citizen and dreamers, those in temporary status, farm workers and essential workers. >> with us to share their reporting and insights, and let's start with today's meeting, biden officials say it was pre-planned. and not a reaction. does the administration believe they have some legal response to this, that what the republican

governors are doing violates the law? those governors say it does not. does the administration think it might? >> from the former immigration policymakers and just people around the white house that i've talked to, there is a little bit of doubt around what you could exactly point to in immigration law that you could try to push back against this when it comes to republican governors. the issue at hand, when a migrant crosses the border and he thinks isly served their court documents, at that point there is a view that they are out of federal custody. whether it is a nonprofit paying for their transportation or whether a state in this case, whether they are paying for it on their own. and remember, in years past, this is not new, migrants don't tend to stay at the border, they go to coastal cities to reunite with their family or look for work. but talking to lawyers i've been speaking to, the question is whether or not they were given misleading information before boarding these pliflights.

were they told that you were going to a sanctuary city. i talked to a lawyer who said all of his clients said that they would be going to new york or boston. that is is what they are lookin at. and we reported this today, just as they are meeting today, also look out for any solutions or plans that the biden administration is forming to look at not just this issue but long standing issues with the immigration system that is broken. we know i.c.e. a recently as yesterday, dhs saying that there is overcrowding at the border, why don't you let i.c.e. and us fly migrants to other parts of the country to lessen that pressure. we know the white house has been reluctant do that. >> if you are an asylum seeker, it is different than if you are trying to sneak across and you get apprehended. they will also look to the former trump administration's ultimately decision not to try

to do this themselves as nationalized policy. so there are a number of things that this administration is looking at. but the bottom line, are these republican governors using these migrants to -- as a political stunt? yes, of course. are they getting what they wanted out of it? yes. it is a national conversation. it is reframing asylum seekers as, you know, hoards of migrants and moving the issue away from abortion to immigration. >> and the question is do people at home, do voters see this -- as the governor of massachusetts says this is a bad thing do to human beings. don't make women and children and families the victims of it. but to your point desantis says we have to deal with this, you should too. >> every community in america should be sharing in the burdens, it shouldn't all fall on and handful of red states. we're not a sanctuary state.

and it is better to be able to go to a sanctuary jurisdiction. yes, we will help facilitate that transport for you to be able to go to greener pastures. >> the issue is incredibly complicated. there are some democrats in florida who want to look closely at the florida law that authorize money to fly they believe illegal, those who illegally crossed the border. if you are seeking asylum like the people who were flown to martha's vineyard, they have temporary status. so you can stay until the asylum is litigated. so some are saying that they think ron desantis may have gone outside. >> and that is obviously the big question. as you pointed out, there is a difference between someone seeking asylum and another complicating factor is that these people have court dates and now they are stranded in places across the country. but back too ron d to ron desan other element is he might be running for president and we saw how donald trump used the border wall as a signature issue. and clearly desantis and abbott

are trying to claim that 34maga mantle. but i have a question about whether it is a miscalculation. it works with the conservative base, but what about the general electorate. >> and one irony here too is republicans will often talk about we need more deterrence at the border, prevent the crossings, to prevent asylum seekers fleeing poverty from coming into the country. essentially what you are doing here is also giving people a lift into the country. this doesn't do anything to deter any crossings if that is your measure of success at the border. and i will note, whether or not you are he illegally or legally crossing the border, you still have a right to ask for asylum. >> and governor ducey, governor abbott, governor desantis also possible presidential candidates down the road. abbott saying that we make sure everybody signs a form, they

intentionally volunteer to be moved. >> texas has moved -- they sign an authorization to go to the destination that we drove them to. and so there has been zero people that texas has misled. >> in 53 days we have an election. these are conversations that go back to the bush white house, george w. bush white house. different pieces of the immigration policy have caused quick sand and problems in american politics going back 20 plus years. is there any prospect or am i just being an idiot and naive that after this election people can finally say can we sit down and have a policy conversation? >> this is an issue that has vexed washington, congress, past administrations. it is not unique to the biden administration. republicans obviously are trying to use these buses of migrants to try to argue that the immigration system is broken, but there are other ways to prove that point. and that is something that both republicans and democrats can agree on, but more difficult

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fresh evidence the midterm election climate is looking better for democrats. a college poll finds a jump in president biden's approval rating. the improvement is as democrats feel significantly better about their president's job performance. the president's standing among independents in that poll is better too. but is it moving enough to give democrats a chance to defy midterm history? joining me now to dig deeper, from the cook political report, amy walter. grateful you are here. if you just looked at this poll and had no knowledge of the last six months having the experience that we have in midterm elections, you would say the democrats are in deep trouble. president's numbers are low. if you look at views on the

economy. however, if you understand the past six months and you look at this poll, you think the trajectory is going good for democrats. so let's start at the congressional ballot. who you vote for for congress. democrats get 46%, 44% for the republicans. so two point advantage. not enough at that rate to keep the house. is that fair? >> i think that is fair. i was talking to a democratic strategist the other day who said we went from being relatively hopeless in may to actually competitive now. and i think that is a very good way to think about where the battle for congress sits. in may, the kinds of numbers we were seeing especially honk democratic enthusiasm, which is that they are much more engaged, they feel better about the president, there has been improvement among independents as well, but it is still in very dangerous territory for the party in power. >> let me jump in on that point because you smartly write about

the two challenges to defy history or at least be competitive in a mid term election. mobilize your base. no question. the question is get the middle. independents to come your way. so you look at the generic ballot. 95% of democrats say they are voting for the democrats. 96 of republicans say they are voting for the republicans. but the independent number evenly split is not good enough for democrats. >> it is actually much better than it was. and what has happened historically, even in 2006, the party in power loses the house and senate, they are losing independents by double digits. by 15 points, 10 points, 12 points. what is so confounding about the election polling is that democrats are doing much better

among independents on the congressional ballot in senate race polling among independents than the president is doing among independents. normally those two things are much closer together. and so that is my question for these next six weeks, is that going to hold as more voters who quite frankly haven't been paying a whole lot of attention to politics start to clue in. >> and the question is who settles the debate about arguing over voters, what should be most important to you. and you write about this way, challenge for the republicans will be to effectively tie democratic candidates to the unpopular biden. and democrats have to convince enough voters that the threat for maga is more dangerous than staying the economic course. that is the big thing, trying to convince people who have a lot of concerns. inflation, crime, return of trump, the dobbs decision, what should be most important when you pull the button. >> and this is what the "times" i think did well in outlining

it, if the spotlight turns to the economy, republicans are up by about six points on the generic ballot. if all we're hearing about, all we're talking about is that. but if we're talking about abortion, if we're talking about donald trump and the kinds of candidates that donald trump has supported, well, that is when we start looking at a much closer race for congress. >> so one of the questions i always have is trajectory. president's numbers are going in the right direction but still historically low. so if you look beat those, you y democrats are in trouble. but approval rating is up a bit. and so this is a different statistic that i love. university of michigan, consumer sentiment index again, it is low, but look at the trend line. question for the democrats, can you keep that trajectory for seven more weeks. >> and do people believe it,

right? i do think that you always want to be coming on the upswing into november as opposed to it is going 09 on the downslope. and for previous presidents, especially barack obama, he started off with a high approval rating in 2009 and it just kept dropping and dropping as we got closer to the midterms. president trump stayed steady. starts at 45, ends at 43. this president, it takes a different trend line, right? he starts much lower, no real honeymoon for him, but dips down really far. by the time we get to the summer of this year, he was at 38%. so is he going to get back up to 45% which in some of these states, as you know, these are very evenly divided states, it is easier in a senate race for a democratic candidate to outperform the president by four

points than by ten points. >> and lastly, just as we talk about the broad national implications, let's look at the poll in the pennsylvania senate raise. john fetterman and dr. oz. 9 95% of democrats voting for fetterman. only 87% of republicans. and independents are split. and that 13% could be the difference. >> and again, you don't have to win independents to win, but you can't afford to lose them by double digits. >> fascinating. 7 1/2 weeks to go. grateful that you were here. up next for us, midterm stakes for the speaker nancy pelosi. call for change at the top among democrats are growing.

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new cnn reporting now, midterm election stakes for the woman who has led house democrats for nearly two decades. more and more democrats are willing to say publicly it is time for mike pencenancy pelosi aside. more than two dozen democratic members said that the speaker should not continue as democratic leader if the party loses its house majority in the november midterms. this week nancy pelosi saying that conversation can wait. >> would you like to answer brian's question about your own future? >> no, i said first we're going to win and that is really the issue. >> and then? >> did you not -- are we speaking a different language? first we win. >> and manu raju is joining our

conversation. this is not a new question for the speaker and she is smart enough to understand that i'm not talking about it before the election. but in your reporting so many democrats are willing to talk about it, but talk about it on the record. >> because they see the r. writing on the wall that this is very likely going to be the last time that she is running the house democratic caucus. she has not shut the door on that possibility. in fact she reached an agreement back in 2018 that she would serve only four more years as speaker. but it was not an ironclad agreement and she's never firmly shut the door. and she is not exactly saying what she will codo. and now with the sense that democrats will do better in the midterms, still a remote chance that they could keep the house. if they do, does that change the calculation. does she decide to stay in the speaker house. and we surveyed the democratic caucus, talking to a wide range of members, it was pretty clear if they lose the majority, there is virtually no support for her

to stay. if they somehow keep the majority, democrats are divided. some say yes, she could hang on. and others are saying on the record that it is time for change. generational change. that is what congressman dean phillips told me yesterday. and other congressmen made remark said if we win the house, she will deserve it. if not the dynamics change. another says i'll support her for whatever position. and you see alexandria ocasio-cortez who voted for nancy pelosi to be speaker suggesting that it is time for change. so this conversation is happening and jockeying of course behind the scenes to replace her. >> an happening because of years of this -- some of it is generational, some ideological, some is geographic. listen to this democrat from the middle of the country who looks at her leadership and says new york, california, change.

>> i have always said i think that it is time that we have new leadership. i think it is time frankly that some midwesterners get into leadership. we have a lot of new york and california, i'd like to see more diversity in leadership there. i've made a commitment to my district and i stick to that commitment. >> so many of these younger democrats want generational change. and yet most if not all have enormous respect for nancy pelo pelosi. most powerful woman in american politics for a long time. does she negotiate her departure here? >> absolutely. you're right, it is hard to understate how much thirst there is for generational change in the democratic leadership right now. and not just generational. change in general. these leaders have been there no years and years. they are in their 80s. and also the thirst for change perhaps in the white house as well. so i think all of that is folding into will dynamic. but in terms of speaker nancy

pelosi leaving, she doesn't want to make herself a lame duck, she doesn't want to have potentially less ability to fundraise, she doesn't want the jockeying to replace her even though it is starting to take place behind the scenes. but i think that there will be a respectful conversation and they will recognize the work that she has done and say it is time. >> and one of the reasons when she cut that deal back in 2018, there was talk about changing then. one replacement potentially is hakeem jeffries. he is 52 years old. but number two and number three also say we're not done yet and they happen to be like nancy pelosi in their 80s. part of the question is, there were efforts like a few years back in 2018, can you get all three of them to step aside. that is hard to negotiate because of ego, ambition. >> yeah, for sure. the young guns we're talking about, jeffries, schiff, what are we really talking about here? i just think as we think about this, to me this is not really

that much about nancy pelosi. this is about the bigger things, the ideological divides, the generational change. the voters demand for generational change. when you look at pelosi herself, she has been a history-making speaker a couple times. also for a lot of americans, especially american women, the iconic photo of pelosi in the blue dress staring down donald trump. nobody has been a bettter strategist against donald trump. but she is 82 years old. yes, if they lose, there would be a push. but if they won, there would be a push too. >> and she may want to leave. leave on a high note. >> and almost certainly she wouldn't have the support to stay, but you can't count her out because you expected her not to get the votes in the last go-round, but she was able to lock down those votes.

and also steny hoyer and jim clyburn, clyburn said he has not made any decision. and we heard hoyer had indicated privately that he wants to stay on as a leader as well and he said i won't talk about it yet. so there will be a bit of a scramble. >> and also even the idea that we're talking about potential changes in the leadership structure if the democrats were to overtake the house, it really does show sometimes the change in momentum in recent weeks as well for the democratic party with recent polling data showing change in perceptions with lowering gas prices as well. and how this is indicative of changing demographics, also just a new generation coming in wanting more sprawling change. we saw some of those fissures show themselves last year when it came to negotiations over some of the probesident biden legislations. >> and democrats will come to understand whenever that moment come, her ability to raise

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a significant moment for the families of brittney griner and paul whalen who later today will have their first in-person meetings with president biden,

this at a time when the white house says there is some movement but no breakthroughs in talks with russia, aimed at winning their freedom. let's get to kaitlan collins. what do we know? >> is tthis is a long standing request, they have wanted to meet in-person with president biden for some time and now they will get that request granted. it has been a situation where they had complained publicly earlier that they had not spoken directly to president biden, that was the wife of griner. and then she got a call from president biden and vice president harris. and paul whalen's sister was saying she didn't get a call, so she did get a call, and now both will get an in-person meeting with president biden. president biden wanted to meet with both. but unfortunately, they are finally getting their meeting, but they are not going to be getting the news they want. here is what griner's wife told

me. >> while i'd love to say that it was to inform the families that the russians are accepting their offer, but that is not what we're seeing in these negotiations. look, as we've said, the russians should accept our offer. they should accept our offer today. >> and that offer she is talking about is one that the u.s. made to russia to trade a russian arms dealer who was sentenced up to about 25 years in prison in the united states in exchange for griner and what willen. a whalen. and they thought that the russians would jump at it, but that has not happened. and the russians have not really responded to it. so they are not getting the news that the white house says that their loved ones are coming home, but president biden will be meeting with their families in person and of course they say the white house says really that is because they want to telegraph that this is still a top priority for him.

>> we'll watch what happens in the meeting and perhaps, perhaps, continued negotiations. kaitlan collins, appreciate the live reporting. up next, donald trump calls mitch mcconnell, quote, an absolute loser. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ she was supposed to be the one. i used to believe in the one. and then i reazed, there's plenty of savings in the sea. what? amazonas daily deals, so every day is a chance to meet the deal that cches your eye, that shakes your soul, that changes your destiny.

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it's the all-new subway series menu. twelve irresistible new subs. the most epic sandwich roster ever created. ♪ it's subway's biggest refresh yet! topping our political radar, donald trump's save america pac has given about a $3 million vns to represent the former

president. and he is the former florida solicitor general.represent the. and he is the former florida solicitor general. quote absolute loser and lap dog for democrats, those are the words of the former president donald trump aimed at the top republican in the senate mitch mcconnell. trump adding those insults in a statement blaming mcconnell for not blaming hard ball with democrats over the potential government shutdown. vote to codify same-sex marriage will have to wait until after the midterms. democratic negotiators say that they need more time to lock down the ten republican votes they would need to get it passed. the legislation, direct response to the supreme court decision back in june to overturn roe v. wade. and today king charles iii and his siblings will stand guard at their mother's coffin as mourners continue to pay their respects to the late queen elizabeth ii.

entry to the line is open again after a brief pause when it reached capacity earlier in the day. the government tracker shows potential wait times of more than 24 hours. you can watch the special coverage of the funeral monday morning 5:00 a.m. eastern right here on cnn. thanks for your time. try to have a peaceful weekend. ana cabrera picks up the coverage right now. thanks for being here. today the white house behind the scenes taking on an escalating immigration crisis. one that went very public this week, took a very ugly turn. we've seen migrants shipped across the country, some knew where they were going, some didn't. some had just the clothes on their backs. last hour dozens of people were taken voluntarily by bus from martha's vineyard, massachusetts to a military base o