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tv   Don Lemon Tonight  CNN  September 16, 2022 7:00pm-8:00pm PDT

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thanks for watching. don lemon tonight starts right now. hey, don lemon. >> hello. look at all that. fuchsia and glowing on a friday evening. >> this look? >> this old thing? were you just posing? was that a model pose? >> it was a catalog pose. i'm not really a model. but you know what? i want to know what your favorite disney movie was. first of all, what character you would have played in a disney movie of your choice. i know you can sing, so i know it would be a musical. which one?
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>> my director is saying ariel. i don't know. >> i don't see you as ariel. >> can i be a mouse? can i be mickey? i want to be mickey. mickey a's black. >> oh, is mickey black? are we having this conversation? >> this whole thing about santa and jesus. >> i was the color fuchsia just now. >> i do love the new ariel though. i think it's amazing what it's doing for kids and diversity, so i think it's great and for opening people's eyes to their own issues whether they realize they have them or not. >> that's a whole other conversation. do you have issues? it's friday night. do you know what your issues are? >> that's a whole other show, and this is a whole other show now. thank you, laura. this is don lemon tonight. the doj just moments ago asking an appeals court to put on hold
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parts of the judge's order requiring a third party review of the materials from the fbi search of mar-a-lago last month. the doj asking for the 11th circuit to take action as soon as pact kl. just one day after the appointment of a special maers, and i'm quoting from the filing, although the government believes the district courter ered in appointing a special master and granting the injunctionive -- one, restricting the government's review and use of records bearing classification markings and two requiring the government to disclose those records. the doj asking for the investigators to review the materials marked as classified and for the court to exclude
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those documents. it is a fight that could go all the way to the supreme court, so we must talk about this now. i want to get right to cnn's correspondent jessica schneider, former assistant u.s. attorney jennifer rogers, and special water gate prosecutor nick actorman. jessica, i'm going to start with you. what can you tell us about what the doj is saying in this friday night filing tonight? >> they're really asking for limited relief here. they're telling this court we want two things the lower court judge refused to give us when she ruled last night. first, they want to be allowed to continue this ongoing criminal investigation into these classified documents, and they want to do it unimpeded meaning they want to reseem these classified documents that judge cannon said they can't use. they want the 11th circuit to
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the review that. they want to -- they say the lower court judge was just wrong to order the disclosure of those highly sensitive documents all in the midst of this ongoing investigation. what's even more interesting here is on a broader scale, doj is arguing that courts shouldn't even be stepping in at all on this issue because the documents belong to the government. so they say, allowing the government to use and review the records bearing classification markings for criminal investigation purposes, plaintiff has no property or other legal interest in those records. plaintiff has identified no harm for merely allowing criminal investigators to don't to review and use this same subset of the seized records. then they kind of took a shot at the district court here saying that is why courts have exercised great caution before interfering through civil
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actions with criminal investigations or cases. so, don, the doj really asking for limited relief here, but not shying away from taking a shot at the district court and what she's done in this case so far. >> so jennifer rogers, they're not appealing in full? do you think this strengthens their armt to continue their investigation? >> 100% because it shows restraint. they're really just appealing the relief they sought from the district court this last time around. just these 100 documents about which there is clearly i republican rabble harm to the government for not being able to use them in the criminal case. and they don't want to turn these things over to the special master for review by him and of course by plaintiff donald trump and his team. so what's going to be interesting is the special master has a hearing on tuesday if the circuit doesn't act in time for that hearing, what will
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judge dearie do? we'll have to see what he does if there's no stay before then. >> you said they're appealing -- appearing to be very reasonable, but is that -- do you think that's prudent in this process considering what everyone's assessment of the judge and the judge's rulings? >> well, i think they -- you know, they're thinking strategically about what to do here. if they appealed, the whole thing, i think it's more likely that the 11th circuit wouldn't grant what they're seeking because there's so many different kinds of documents in the 11,000-plus that were seized. by keeping it narrowed about which the law and facts are so clear that there's no possible privileges that could apply that would allow donald trump to have possession of those, it's so clean. it's easy for the 11th circuit to make that ruling quickly. >> nick, how long could this
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appeals process be played out, and if it does reach the supreme court at all? >> well, it could. but i believe you're going to see a three judge panel look at this pretty quickly and decide it. after that, i suppose if donald trump loses or the government loses, you have the right to ask for a full court ruling, an enbank ruling, that could take a little bit of time. but again, the issues here are so simple. the government is just making three simple points. one, that donald trump has no ownership interest in these documents. these are classified documents that belong to the government. two, the government is going to be irreparably harmed that it can't continue its criminal investigation without those documents, and to try to
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dissegregate, take apart the national security part and the criminal investigation part opens them up to possible contempt later on if the judge doesn't like what they did, and three, they're concerned that trump's lawyers are going to get to look at these documents. and the third point they make is there's no harm to donald trump from doing this. now, if this went to the supreme court again because these issues are so simple, this could happen very quickly. on the other hand, i think it's very likely that this will never make it that far and go beyond the 11th circuit. i think the 11th circuit will deal with it. however it comes out will be the ruling. >> interesting. jennifer, the new york times is reporting tonight about confusion. one former trump white house attorney tried to get answers from trump's current legal team before testifying.
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but after not getting answers, he got one he didn't agree with to just exert broad claims of executive privilege. times quote one of his emails, i certainly am not relying on any legal analysis from either of you or boarry who to be clear i think is an idiot. so he's referring to trump and trump's in-house council and aid boris epstein. he's a former trump white house lawyer. can't give him direction. that is a problem. >> yeah. listen. trump has had trouble for years now attracting top legal talent, not including of course the white house council's office when he was the president. and eric, who's the one you're talking about seeking guidance has been very critical of trump and his actions postelection and pre-january 6th. we saw his testimony in the
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january 6th hearings. they were trying to have all these witnesses asserted. they didn't have any answers for people about what the scope of that was. that's just bad lawyering. the other interesting thing you didn't mention don that the article does is the answer back was, don't worry, we have a chief judge who's going to give us a very broad ruling about former presidents and exerting executive privilege. i hope someone is going to look into that claim. >> so jessica, cnn reporting tonight that last year trump's lawyers told the national archives that boxed records were just newspaper clipgs. clearly that wasn't true. >> this was all part of this back and forth between the archives and trump's team for months when the archives was trying to get these presidential records back. eventually they did. but we have learned that it was
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then deputy white house council pat philbin. he said trump's chief of staff mark meadows had assured him that the boxes at mar-a-lago only contained newspaper clippings. he also said no documents had been destroyed. of course we know now that that's not true. it's a revelation here about how much trump, his allies, his team, how much were they hiding, and could that potentially lead to any obstruction charge from doj because that's one of the charges they have been looking into. when it comes to patrick philbin, a source says he's long said he was unaware of the boxes or if there was any classified material. tonight, we are still waiting to hear from the archives, but we have heard from a spokesperson for mark meadows who says mr. meadows did not personally
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review the documents at mar-a-lago or have a role in examining what was or wasn't contained in them. everyone is pointing is other way saying, i never knew what was in these even though they said nothing major was in them. we'll see. >> everybody's pointing to the person next to them or someone else. nick, you heard philbin's denial. but do you think they're in legal trouble? >> oh, i think mark meadows is in a huge heap of legal trouble. it's not just relating to these boxes. it's also related to the january 6th situation. if you had to pick one person that the government is going to focus on, bring charges against and turn into a government witness, it's going to be mark meadows. i mean, he originally started to cooperate with the january 6th committee, gave them a bunch of emails, but then when donald trump started going at him on
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the internet and calling him all kinds of names and backing him into a corner, he just clammed up. but he is a weak individual, and i vote him most likely to turn and be a government witness before this is all over. >> thank you nick. thank you jessica. thank you, jennifer. i appreciate it. i'll see you guys soon. we've got a lot more to come tonight on the doj asking an appeals court to intervene. plus, 50 desperate people, men, women, and children fleeing wedn venezuela only to be dumped in martha's vineyard. is it all a game? >> you saw those young girls with backpacks no older than his children or mine being used as political pawns to fund raise and raise money. it's disgraceful. he's a disgrace.
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a plane to martha's vineyard moved to cape cod. how they say they were misled and lured to massachusetts. >> reporter: after less than 48 unexpected hours in martha's vineyard -- nearly 50 venezuela migrants were sent off. then to ferries and on to the next part of their long journey. their unannounced arrival wednesday all part of the campaign by greg abbott and florida governor ron desantis to send migrants to so-called sanctuary cities by surprise. >> all we're trying to do is provide support free to the alien but certainly not mandatory, that way they're able to go and they can put their money where their mouth is. >> reporter: these immigrants
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were picked up in texas. they were taken to a hotel to wait, then boarded planes. well, we didn't know until last minute our destination such as new york where our relatives reside, he says. he and other immigrants we spoke to here say they were promised all sorts of things, including jobs and housing, things that never materialized. we were told it was humanitarian aid by a foundation that in this case remains unknown, he says. it's just the latest account of migrants seemingly deceived and dropped off. from washington d.c. -- >> they felt fooled and that their suffering was exploited. >> reporter: to confusion in new york city. >> standing in port authority, he asked me, how do i get to portland, oregon. >> reporter: to california, where governor newsom has asked the justice department to open an investigation.
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>> what ron desantis is doing is a disgrace. >> they did get a pact that had a map of martha's vineyard, and they're also treated very well with all of this with meals and everything. >> reporter: while volunteers and officials promptly responded and cared for their unexpected guests. lawyers assisting the immigrants say the stop did nothing but detour already desperate people. >> it is sickeningly cruel throwing obstacles in the way of people fleeing violence and oppression, some of whom walked through ten countries in the hopes of finding safety. >> my heart breaks for them because they were not the first priority. they're in my heart forever. i don't know what else to say. >> reporter: so look, there is no doubt these immigrants were helped out by the people here on martha's vineyard. they even raised money here app across the country to help them out going forward, almost
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$200,000 as of today that will help them going forward. but all these migrants we spoke to had legal issues going forward. most if not all of them are claiming asylum because they are fleeing oppression in venezuela, and they've had a very difficult journey so far. sending them to martha's vineyard only complicated that very long journey. don. >> thank you, my gel. appreciate that. i want to bring in david, a former obama senior adviser, and charlie dent, a former republican congressman from pennsylvania. good evening. who do i have? do i have charlie? okay. so we'll get david up. we had a problem with the signal. charlie, thanks for joining. it appears these migrants were misled with a promise of jobs all for a political stunt. what is desantis trying to
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accomplish here? is cruelty the point, is getting his face on conservative media or voice, is that the point? what is it? >> i think that is the point. this is a political stunt. but he's also trying to make a point. there is a real problem at the southern border. i'm not saying so much in florida but certainly in texas and the other border states with mexico. i believe federal agents have apprehended nearly 2 million people this year. >> charlie, can i jump in here. i think you make a very good point. no one should deny there's an issue at the southern border. the question is, how do you fix it? is this the right way to fix it. i'm all about -- and i spoke to congressman allred last night. there should be a shared burden. it shouldn't just be the states on the southern border who are dealing with this. but what is the right way to fix this rather than making this a
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political point or ploy or scheme or scam that they're doing? >> what i would do if i were president biden right now, i would keen a meeting and bring in the homeland secretary and governors from the affected states, including ron desantis, bring them to the white house and talk about how we're going to solve this problem together. it's true, the border states don't have the stuff to resolve this. we had a couple hundred or thousand haitian migrants living under a bridge. but putting people on buses and sending them up into the interior of the country without a plan isn't a solution either. but this does cry out for a real solution. i served on the homeland security committee for six years, and i they need more detention beds and immigration judges, access roads on the border, and they have to deal
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with the legal system of immigration that's broken. we have to fix the dreamer situation, we have to fix the agricultural visa system. congress and the president need a solution. what they're doing is not helpful, but they're just trying to amplify their messages and points, score political points. they're trying to make hay out of this politically, and maybe they are with the base, but it doesn't solve the problem. >> here's what i think is important that folks at home should know. charlie is a republican and brings up a very good point. talking about sensible solutions to this. rather than a political talking point for the midterms or for someone trying to make political gain out of this b which is what we often hear from analysts and contributors here on cnn, you're talking real issues, real ways to if i can it, and that's what we should be doing rather than saying, this is what's going to make a difference for republicans or democrats come
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midterms. that only serves politics and politicos. david, a desantis aid tweeted this photo of former president obama's martha's vineyard home. 7 bedrooms with 8 1/2 bathrooms in a 6,892 square foot house on nearly 30 acres. plenty of space. look. a lot of the republican politicians who are doing this have lots of money as well and have property. i don't see what the point is that president obama, who has worked really hard and who has now wealth, the former president donald trump has wealth as well. he's not allowing these people to camp out on his golf courses. so i'm not sure what the point is. how much of this is just trolling democrats? >> well, i think the answers within your question, don. this -- i totally agree with
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what charlie just said. charlie is often very sensible, which is why he's sitting with us and not the republican caucus on the hill tonight. but you know, i think that there is a problem that needs to be solved. that is not what governor desantis was about in snatching up these folks and sending them to martha's vineyard. of course it was a troll, and it plays very well with the republican pace. listen, he is auditioning as the understudy for donald trump in 2024, and he is trying to outdo trump in tactics here. but that doesn't solve the problem. we can all agree there's a problem. the question is whether you want to help solve it or whether you want to exploit it, and obviously, he's trying to exploit it. and the obama thing is catnip for the base. he's doing very well with this stuff. he's doing it constantly.
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that's all he does is troll and throws shade at what he thinks -- you know what the base thinks are liberals. but it doesn't solve it. i would think -- these were 50 refugees from wednesday way lah from the horrific regime in venezuela. he has a lot of them in his own state. you would think he would be a little more solicitous of people fleeing that regime and not use them as a political prop. >> who are claiming asylum, which is the right thing to do. but i mean, listen -- i mean, look, if all things were equal, perhaps he should be sending people to trump tower here in new york, or maybe he should be sending them to mar-a-lago or bed minister because certainly those places are bigger and have more facilities to be able to house these people than the former president barack obama's
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home and martha's vineyard. >> or maybe we should just have a serious discussion about what we do about this whole collapsed asylum system. >> that's my whole point. i'm trying to point out the seriousness of what he did. charlie, i'll give you the last word. >> on the asylum system. it's broken too. many of the migrants coming into this country from central america and venezuela are economic migrants. they're not necessarily legitimate asylum cases, so we do have to fix this. it's really important because it's being abused. bay b i the way, i would be very careful if i were ron desantis. many from venezuela are like the cubans, and many are inclined to support republican candidates. and i think he has to be very careful that he's not showing himself to be too insensitive or too inhumane because a lot of
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them are probably sympathetic to their brethren and many are voting republican. so i think there's a political apparel for governor desantis. >> it's always good to have you here and pointing out what's real and obvious. and david, good to have you. sorry about the technical difficulties, but we'll see you soon. as we go, , many migrants a saying they were misled. my next guest says that their legal rights were violated and he's going to fight for them. that's next. welcome to the peak of premium off-roading. the new 2023 gmc sierra at4x. gmc. we are professional grade
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the martha's vineyard community coming together to help 50 migrants unexpectedly transported there by florida governor ron desantis. along with raising money, some like my next guest are offering their legal services. so joining me now is a litigation director of lawyers for civil rights. thank you. how you doing? >> i'm well. how are you? >> i'm great. thank you for joining us. you are organizing this attorneys locally to help these migrants. we are learning of stories about how they were misled about where they were going and the help that they would get if they got on these planes and buses. so tell us about what you're hearing. >> well, we at lawyers for civil rights began hearing about the situation within hours of when the planes touched down in martha's vineyard. people recognized in addition to other needs, these newly arrived immigrants would have, there
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were significant legal issues that were presented. so our team of attorneys were on the ground in martha's vineyard the following morning and have been there since assessing legal needs, interviewing clients, trying to get to the bottom of exactly what happened, what misrepresentations were made and making sure our clients' legal rights are protected. >> so tell me if this is true. and i understand you're hearing about migrants being given falsified addresses on their paperwork with their asylum hearings taking place not in massachusetts but in states across the country. what are the implications of all of that? how can they possibly make those hearings? are they being given false information and in danger of missing their hearings? >> absolutely. that is one of the key things that we are prioritizing in our legal triage is making sure that people's legal rights to immigration relief is protected.
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people were told when they got on the plane in texas, don't worry about immigration hearings that you may have here in texas because that will be taken care of. and now all of a sudden, people are here in massachusetts, many of them have court dates, hearings that are as early as next week, and they're thousands of miles away. so that is certainly something that our team of attorneys is working to make sure that people's rights to immigration relief is not prejudiced. >> so then, what -- if this is happening, right, what are the legal consequences for the people who are putting them on these buses or falsifying this information? do they have any exposure? >> well, that's a great question. and we think certainly the answer is yes, that there is liability both civilly and criminally. our clients' civil rights were violated.
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they were fraudulently induced to get on a plane with false representations, false promises made, flown across state lines under false pretenses. and we know that that is a violation of their civil rights. we have also asked for both federal and state law enforcement officials to open investigations into criminal laws that may have been broken because we believe that is the case as well. >> governor ron desantis has vowed to transport more migrants using every pen gnu of taxpayer money is state has allocated for the process. listen to this. >> i'll tell you this. the legislature gave me $12 million. we're going to spend every penny of that to make sure we're protecting the people in the state of florida. >> listen. besides this being an obvious political stunt, does this do anything to stop the migrant crisis at the border? >> of course not. it's a political stunt, and
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that's all it is. there are conversations to be had about immigration reform and many folks from all sides of the political spectrum, you know, may say that that's a debate that's worth having to provide more paths to citizenship for example. but using human beings as political props is not the way to have that conversation. we have to recognize the humanity in these issues if we're ever going to get anywhere to solve any of the world's problems. so using people as tools for some goal is absolutely the wrong way to go about it. it's never going to get to solutions that may be viable. >> oren, thank you. when you come back and update us, please? we really appreciate what you're doing and we thank you for appearing. >> thank you. >> t thank you. it's called swatting, hoax phonone calls meant t to spark g
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police response. now multiple schools are falling victim to false active shooter reports. is there anything that can be done to stop it? ♪ this... is the planning effect. this is how it feels to know you have a wealth plan that covers everything that's important to you.
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at least three school districts receiving hoax calls today in lee county, florida schools locked down after the sheriff's office was notified of a threat to the school district in hollywood florida. and in arkansas, students were dismissed earlier after receiving a community threat at a local high school. none of these threats turned out to be real by the way and they come after a number of other hoax phone calls claiming active shooting incidents. the fbi says they're aware of these swatting incident and unaware of any actual credible threats. joining me now, john miller, good to see you. >> good to be here. >> this is disturbing, john. there are three of these hoax phone calls in one day. others happening earlier this week. why is this happening? >> so what you have behind this is you've got people using
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hacked google phone numbers that don't trace back to the actual callers. you've got people using voiceover ip numbers. they're using these apps where you sign up with an email that you just signed up anonymously for that day and got rid of the next day. so using these encrypted platforms and this anonymity, it's very hard to get back to who's behind it. but you got a lot of kids and teenagers and kids 20s and foreign countries, and these are largely gamers and play the games that are call of duty and grand theft auto, and the loser has to go swat some target, and if they don't, they get swatted. there's a case in wichita where one of the players was swatted, but he had given a false address and when police got there to a
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report of a father holding his family hostage at gun point, the man who lived at the address came outside and made a sudden move and was shot and killed. that gamer was sentenced to 20 years. so this is a real problem. >> so you say it's encrypted and tough for police to figure out. >> but not impossible. >> how do police go about catching these guys? >> so in the nypd, working with subpoenas, providers and working the social media and tags around them. i'm going to be limited on the details because i don't want to tell them where they're leaving the clues. but you can piece them together. the fbi has done a lot of cases. people are getting arrested. but if you look at 2019 and 2020, every black university in college was hit with -- >> i'm not sure we have that. i remember we covered that. >> and that was a plague.
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if you look at what happened in new york city in 2021/2022 school year, those threats were up 120%. it's not a game. it's not funny, and people do face serious time when they're caught. >> when police are responding to these, they're going out on these active shooter situations in full gear, ready to respond to all of this, full alert, ready to engage with a perpetrator if necessary. could be catastrophic results. you just gave us an incident of one. but they could actually kill someone, and it has happened on a fake call. >> and i mean, look at -- look at the parade of terribles here, which is you're a police officer, they say there's an active shooter in a school, we're all living right now, don, in the shadow of uvalde, texas, and they're thinking, i need to get there, i need to be shorp, i have to be engaged and looking
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for that threat. and when they come through the door looking for an active shooter, they're confronting children, students, teachers, staff members that are now frightened to death because they don't know what's coming. it's a bad scenario, and it's a trend that's been disturbingly growing because of all of the anonymity offered by the tools that you can hide behind. >> in addition to taking lives, but it also takes up resources and time. >> there's a call of real emergency that's not being answered when all of your resources are going to that school. and there's something else about when you're getting these threats and they're all the same and going to multiple locations about they're evacuating buildings for threats that they already know are false. we've talked a lot about kind of retooling the procedures, which is if it's an obviously false address, deny the objective. why give them what they're
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looking for, which is to cause disturbance and fear. >> what do you do then? what do you say to these folks because they think, i'm non, i'm never going to be caught. >> that's not necessarily true. that guy from the wichita case is doing 20 years, and his two friends pled guilty and are doing time as well. >> always good to see you. thank you, sir. so english football legend david beckham is paying his respects to queen elizabeth, and he did it after waiting more than 13 hours in line with the rest of the public. we'll tell you about it next. ha. but are these lines enoughgh? a subaru with eyesight... (kid vo) hey dad! (vo) the lines for any danger... and can automatically stop itself. (mom) is everyone ok? (kid) i'm ok. (vo) your family is safer in a three-row subaru ascent.
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right? like that you have to always be the toughest, the strongest. for me as a man, it's about opening up. not feeling too macho to tell someone how you're feeling when you're feeling down. opening up your heart and sharing with other people the way that you're feeling. i have a twin sister who, when i'm sad, i call her and talk to her and we normally have the same feelings. i face time, my grandchildren. that always seems to kind of give me a boost, even when you're having your darkest moments. kicking the stigma means talking about it. it's something that a lot of people go through. it's normal. nothing's wrong with you. and in fact, come join us because we all feel this way. it's okay to feel not okay. kicking the stigma.
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people in london still waiting hours for their chance to pay respects to the queen including david beckham. he spent more than 13 hours in line just like everyone else. here is what the english football legend told i tv
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earlier today. >> i thought by coming at 2:00 a.m., it was going to be a little bit quieter. i was wrong. everybody wants to be here to be part of this experience and celebrate what her majesty has done for us. >> so with just two days left before her state funeral, the estimated wait time to see the question is at least 25 hours right now. i hope you'll join me, anderson cooper, erin burnett monday 5:00 a.m. eastern as the u.k. and the world remember the queen. we'll be right back.
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this just into cnn. tonight the doj asking to put on hold a third party review from
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the fbi search of mar-a-lago and asking for the 11th circuit to take action as soon as practicable going on to ask the court for criminal investigators to review the materials marked as classify the and exclude the documents from the search. here to discuss is jessica schneider. cnn senior legal analyst elie and analyst phillip mud. good evening to both of you. jessica, i'll start with the doj, the justice department vowing an appeal asking the appeal's court to intervene in this mar-a-lago classified document fight so what do you know? >> yeah, so there really seems to be strategic about this. they're asking the 11th circuit to step in immediately and do two things. first, they want the court to clear the way so prosecutors can resume using classified documents that they recovered from mar-a-lago as part of the criminal probe. the lower court judge halted that and said you can't use
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those classified documents and doj is also saying trump's legal team and the newly appointed special master should not have access at all to those documents. they said although the government believes the district court fundamentallie fundamenta they are causing the most serious harm to the public by one, restricting the view of use of classified records and two requiring the government to disclose those records for a special master review process. so don, this is a limited appeal and it's possible that with this limited appeal, that the 11th circuit might act quickly here. >> jessica, the doj seemed to have a message for the district judge eileen cannon. what did it say? >> it was interesting, the last part of the appeal here, doj seemed to take a shot to the lower court judge and said she
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was plainly wrong even stepping into this dispute when it comes to classified documents and they said they're clearly the government's property. the former president has no claim to it and they said plaintiff has identified no harm for merely allowing criminal investigators to continue to review and use the same subset of seized material records. that is why courts have exercised great caution before interfering through civil actions with criminal investigations. they're really implying this judge, eileen cannon, they're implying she shouldn't have stepped in and the fact that zest restr she's restricted doj from using them as they continue the investigation. >> elie, our legal mind, does it say something to you that the justice department is only asking an appeals court to put on hold parts of judge cannon's order, not the whole thing? >> it does, don. this is as jessica said a


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